HC Deb 24 April 1986 vol 96 cc542-4

58EE. — (1) This section applies to an application for hazardous substances consent without a condition subject to which a previous hazardous substances consent was granted.

(2) On such an application the hazardous substances authority shall consider only the question of the conditions subject to which hazardous substances consent should be granted, and—

  1. (a) if they determine that hazardous substances consent should be granted subject to conditions differing from the subject to which the previous consent was granted, or that it should be granted unconditionally, they shall grant hazardous substances consent accordingly; and
  2. (b) if they determine that hazardous substances consent should be granted subject to the same conditions as those subject to which the previous consent was granted, they shall refuse the application.

(3) Where—

  1. (a) hazardous substances consent has been granted or is deemed to have been granted for the presence on, over or under land of more than one hazardous substance; and
  2. (b) an application under this section does not relate to all the substances,
the hazardous substances authority shall only have regard to any condition relating to a substance to which the application does not relate to the extent that it has implications for a substance to which the application does relate.

(4) Where—

  1. (a) more than one hazardous substances consent has been granted or is deemed to have been granted in respect of the same land; and
  2. (b) an application under this section does not relate to all the consents,
the hazardous substances authority shall only have regard to any consent to which the application does not relate to the extent that it has implications for consent to which the application does relate.

(5) Regulations may make provision in relation to applications under this section corresponding to any provision that may be made by regulations under section 58B above in relation to applications for hazardous substances consent.'

No. 69, in page 39, line 2, leave out from 'that' to end of line 4 and insert—

  1. '(a) there has been a material change of use of land to which a hazardous substances consent relates; or
  2. (b) planning permission has been granted for development the carrying out of which would involve a material change of use of such land and the development to which the permission relates has been commenced,'.

No. 70, in page 39, leave out lines 11 to 21 and insert—

'(2) The hazardous substances authority may by order—

  1. (a) revoke a hazardous substances consent which relates to only one substance if it appears to them that that substance has not for at least 5 years been present on, under or over the land to which the consent relates in a quantity equal to or exceeding the controlled quantity; and
  2. (b) revoke a hazardous substances consent which relates to a number of substances if it appears to them that none of those substances has for at least 5 years been so present.'.

No. 71, in page 40, line 37, at end insert— '(2A) Regulations may make provision in relation to applications under subsection (2) above corresponding to any provision that may be made by regulations under section 58B of this Act in relation to applications for hazardous substances consent.'.

No. 72, in page 40, line 42, at end insert— '(3A) Without prejudice to the generality of subsection (3) above, in dealing with an application the authority shall have regard—

  1. (a) to the matters to which a hazardous substances authority are required to have regard by section 58C(2) (a) to (d) above; and
  2. (b) to any advice which the Health and Safety Executive or Health and Safety Commission have given following consultations in pursuance of regulations under subsection (2A) above.

(3B) If an application relates to more than one consent, the authority may make different determinations in relation to each.

(3C) If a consent relates to more than one hazardous substance, the authority may make different determinations in relation to each.

(3D) It shall be the duty of a hazardous substances authority, when continuing hazardous substances consent, to attach to the consent one of the following—

  1. (a) a statement that it is unchanged in relation to the matters included in it by virtue of section 58C(4) above;
  2. (b) a statement of any change in respect of those matters.

(3E) The modifications which a hazardous substances authority may make by virtue of subsection (3)(a) above include, without prejudice to the generality of that paragraph, the making of the consent subject to conditions with respect to any of the matters mentioned in section 58C(5).

(3F) Subject to subsection (3G) below, sections 35 to 37 of this Act shall have effect in relation to applications under subsection (2) above and to decisions on such applications as though they were applications for planning permission.

(3G) In the application of sections 35 to 37 of this Act by virtue of subsection (3F) above—

  1. (a) references to the local planning authority shall be construed as references to the hazardous substances authority;
  2. (b) section 35(4) and section 36(5) and (7) shall be omitted;
  3. (c) the words "and in such manner as may be prescribed" shall be substituted for the words in section 36(2) following "time";
  4. (d) in section 37—
    1. (i) the words "by the development order" shall be omitted from the first place where they occur; and
    2. (ii) the words "the application shall be deemed to have been granted" shall be substituted for the words following paragraph (b).'—[Mr. John Patten.]

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