Planning Circular 3/2015: Planning controls for hazardous substances

Annex I - Health and Safety Requirements and Hazardous Substances Control Decisions

I1. By virtue of section 28 of the Principal Act, no hazardous substances consent or contravention notice may require or allow anything to be done in contravention of any of the 'relevant provisions' or any 'prohibition notice' or 'improvement notice' served under or by virtue of any of those provisions (These terms are defined in Section 28 - see paragraphs I3 and I4). To the extent that such a consent or contravention notice purports to require or allow any such thing to be done, it will be void; and it will need to be revoked, or if part of the consent or notice is rendered void then it will need to be modified to render it wholly operative.

I2. Where a planning authority has reason to believe (perhaps as a result of representations from a site operator) that a consent or contravention notice, or part of it, is rendered void, it must consult the HSE as soon as is reasonably practicable. If HSE advises that the consent or notice is rendered wholly void, the planning authority must revoke it; if the advice is that part of the consent or notice is rendered void, the planning authority must so modify it as to render it wholly operative. Since revocations or modifications under section 28 are made for overriding safety reasons they do not attract any entitlement to compensation.

I3. The term 'improvement notice' means a notice served under section 21 of the HSWA or given under paragraph 3 of Schedule 8 to the Energy Act 2013 (the 2013 Act). The term 'prohibition notice' means a notice served under section 22 of the HSWA or given under paragraph 4 of Schedule 8 to the 2013 Act.

I4. The term 'relevant provisions' means means-

(a) the relevant statutory provisions within the meaning of Part 1 of the HSWA; and

(b) the relevant statutory provisions within the meaning of Part of the 2013 Act other than-

(i) the provisions of the Nuclear Safeguards Act 2000; and

(ii) any provision of nuclear regulations identified in accordance with section 74(9) of the 2013 Act as being made for the nuclear safeguards purposes.