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Advice to Health and Safety Executive

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Enquiry

From
Health and Safety Executive
Date advice given
20 March 2012
Enquiry type
Email

If the Secretary of State gives a direction deeming that hazardous substances consent (HSC) may be granted, who then formally issues the HSC and who acts as the hazardous substances authority (HSA) for the lifetime of the consent? I was informed that under the previous process, the HSC would be issued by the HSA for the land on which the development is proposed, usually the local planning authority (LPA). Would this still be the case?

Advice given

The hazardous substances authority (HSA) remains the authority as defined in sections 1 to 3 of the Planning (Hazardous Substances) Act 1990 (the PHSA 1990) notwithstanding the ability of the Secretary of State to issue a direction.

The PHSA 1990 as amended gives power to the Secretary of State to direct that hazardous substances consent (HSC) is granted, subject to any conditions. That direction constitutes the consent - the HSA will not need to issue a further consent (and will not have power to as the application was not made to them). I understand that the Secretary of State may send a copy of the direction to the HSA for inclusion on the planning register. The HSA will be responsible for monitoring and enforcing any HSC.