Under the Planning (Hazardous Substances) Act 1990 if a site contains a hazardous substance on over or under land above a specified quantity (known as the controlled quantity) then it is necessary to obtain consent from the hazardous substances authority.
The Act provides for Local Authorities to act as the HSA. The procedure ensures that hazardous substances can be kept or used in significant amounts only after the Local Authority has had the opportunity to assess the degree of risk arising to persons in the surrounding area, and to the environment. Local Authorities are able to exercise control over the siting and use of hazardous substances through the development control system and also to exercise control over the presence of hazardous substances whether or not associated development requiring planning permission is involved.
Section 28 of the Act requires the Council to maintain a public register of sites at which hazardous substances are permitted to be located. The register holds a details of:
The name, address and area of the site of each application for hazardous substances consent or continuation of consent
A description of the activities on the site and the decision of the hazardous substances authority or the Secretary of State for the Environment;
The name and maximum quantity liable to be on the site of each hazardous substance the consent includes. A copy of each order revoking or modifying a consent;
A copy of each claim for a deemed consent (this is a consent that could be claimed where a hazardous substance was present at a site in the 12 months before June 1992. It allowed existing users and storers of hazardous substances to continue their previous operations subject to standard conditions);
A copy of each direction by the Secretary of State granting temporary exemption; and
The decision on each hazardous substances consent appeal or contravention notice.
Hazardous Substances Consents Issued By the Metropolitan Borough of Dudley under the Planning (Hazardous Substances) Regulations 1992.
There are currently no Hazardous Substances Consents in the Borough of Dudley.
For further information please see the following links: