Planning Act 2008

Valid from 01/10/2011

30 Hazardous waste facilities E+W

(1) The construction of a hazardous waste facility is within section 14(1)(p) only if—

(a) the facility (when constructed) will be in England,

(b) the main purpose of the facility is expected to be the final disposal or recovery of hazardous waste, and

(c) the facility is expected to have the capacity specified in subsection (2).

(2) The capacity is—

(a) in the case of the disposal of hazardous waste by landfill or in a deep storage facility, more than 100,000 tonnes per year;

(b) in any other case, more than 30,000 tonnes per year.

(3) The alteration of a hazardous waste facility is within section 14(1)(p) only if—

(a) the facility is in England,

(b) the main purpose of the facility is the final disposal or recovery of hazardous waste, and

(c) the alteration is expected to have the effect specified in subsection (4).

(4) The effect is—

(a) in the case of the disposal of hazardous waste by landfill or in a deep storage facility, to increase by more than 100,000 tonnes per year the capacity of the facility;

(b) in any other case, to increase by more than 30,000 tonnes per year the capacity of the facility.

(5) The following terms have the same meanings as in the Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894) (see regulation 5 of those regulations)—

• “disposal”;

• “hazardous waste”;

• “recovery”.

(6) “Deep storage facility” means a facility for the storage of waste underground in a deep geological cavity.