9 Determination of applications for hazardous substances consent.E+W
(1)Subject to the following provisions of this Act, where an application is made to a hazardous substances authority for hazardous substances consent, that authority—
(a)may grant hazardous substances consent, either unconditionally or subject to such conditions as they think fit; or
(b)may refuse hazardous substances consent.
(2)In dealing with such an application the hazardous substances authority shall have regard to any material considerations and, in particular, but without prejudice to the generality of the foregoing—
(a)to any current or contemplated use of the land to which the application relates;
(b)to the way in which land in the vicinity is being used or is likely to be used;
(c)to any planning permission that has been granted for development of land in the vicinity;
(d)to the provisions of the development plan; and
(e)to any advice which the Health and Safety Executive F1 . . . have given following consultations in pursuance of regulations under section 7(2).
(3)If an application relates to more than one hazardous substance, the authority may make different determinations in relation to each.
(4)It shall be the duty of a hazardous substances authority, when granting hazardous substances consent, to include in that consent—
(a)a description of the land to which the consent relates;
(b)a description of the hazardous substance or substances to which it relates; and
(c)in respect of each hazardous substance to which it relates, a statement of the maximum quantity allowed by the consent to be present at any one time.
Textual Amendments
F1Words repealed (1.1.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. VII; S.I. 1991/2829, art. 3
Modifications etc. (not altering text)
C1S. 9 applied (1.6.1992) by S.I. 1992/656, reg. 26(4)
C2S. 9 Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art.3
C3S. 9(1): functions of local authority not to be the responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
Commencement Information