§ '56GG.—(1) This section applies to an application for hazardous substances consent without a condition subject to which a previous hazardous substances consent was granted or is deemed to have been granted.
§ (2) On such an application the planning authority shall consider only the question of the conditions subject to which hazardous substances consent should be granted, and—
- (a) if they determine that hazardous substances consent should be granted subject to conditions differing from those subject to which the previous consent was granted, or that it should be granted unconditionally, they shall grant hazardous substances consent accordingly; and
- (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—
- (a) hazardous substances 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
- (b) an application under this section does not relate to all the substances,
- (a) more than one hazardous substances consent has been granted or is deemed to have been granted in respect of the same land; and
- (b) an application under this section does not relate to all the consents,
§ (5) Regulations may make provision in relation to applications under this section corresponding to any provision that may be made by regulations under section 56D of this Act in relation to applications for hazardous substances consent.'
§ No. 76, in page 55, line 31 leave out from 'that' to 'they' in line 33 and insert—
- '(a) there has been a material change of use of land to which a hazardous substances consent relates; or
- (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. 77, in page 55, line 40 leave out from beginning to end of page 56, line 5 and insert—
§ '(2) The planning authority may by order—
- (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
- (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. 78, in page 57, line 13 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 56D of this Act in relation to applications for hazardous substances consent. '.
§
No. 79, in page 57, line 18, at end insert—
'(3A) Without prejudice to the generality of subsection (3) above, in dealing with an application the authority shall have regard—
- (a) to the matters to which a planning authority are required to have regard by section 56E(2)(a) to (d) above; and
- (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 planning authority, when continuing hazardous substances consent, to attach to the consent one of the following—
- (a) a statement that is unchanged in relation to the matters included in it by virtue of section 56E(4) above;
- (b) a statement of any change in respect of those matters.
§ (3E) The modifications which a planning 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 56E(5) above.
§ (3F) Subject to subsection (3G) below, section 32 to 34 of this Act and section 179 of the Local Government (Scotland) Act 1973 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 32 to 34 of this Act by virtue of subsection (3F) above—
- (a) section 32(3) and section 34(5) and (7) shall be omitted;
- (b) the words "and in such manner as may be prescribed" shall be substituted for the words in section 33(2) following "time";
- (c) in section 34—
- (i) the words "by the development order" shall be omitted from the first place where they occur; and
- (ii) the words "the application shall be deemed to have been granted" shall be substituted for the words following paragraph (b).'.
§ No. 80, in page 59, line 6, at end insert 'being or is'.
§ No. 81, in page 59, line 40, leave out 'by a development order'.—[Mr. Kenneth Baker.]