SCHEDULES

SCHEDULE 2Amendments consequential on development consent regime

Planning (Hazardous Substances) Act 1990 (c. 10)

I142

The Hazardous Substances Act is amended as follows.

I243

In section 9(2)(c) (determination of applications for hazardous substances consent: material considerations) after “planning permission” insert “ or development consent ”.

I344

In section 10(1) (conditions on grant of hazardous substances consent) after “planning permission” insert “ or development consent ”.

I445

1

Section 12 (deemed hazardous substances consent: government authorisation) is amended as follows.

2

After subsection (2A) insert—

2B

On making an order granting development consent in respect of development that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the person making the order may direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

3

For subsection (3) substitute—

3

Before giving a direction under any of subsections (1) to (2B), the person having power to give the direction must consult the Health and Safety Commission.

4

In subsection (6)—

a

for “government department or the Secretary of State” substitute “ person ”, and

b

after “directions” insert “ given by the person ”.

I546

In section 14(2)(b) (power to revoke or modify hazardous substances consent)—

a

after “planning permission” insert “ or development consent ”;

b

after “the permission” insert “ or development consent ”.

I647

In section 39(1) (interpretation) at the appropriate place insert—

“development consent” means development consent under the Planning Act 2008;