Last edited 01 Jul 2018

Planning (Hazardous Substances) Act 1990

The Planning (Hazardous Substances) Act 1990 is a UK Act of Parliament which implements a system of consents for sites that contain certain quantities of hazardous substances.

The effect of the Act was to consolidate enactments relating to special controls applicable in respect of hazardous substances.

Under the Act, a site must obtain consent if it contains hazardous substance/s above a ‘controlled quantity’. Consent must be sought from the Hazardous Substances Authority (HSA), typically the local planning authority. The HSA, in consultation with the Health and Safety Executive (HSE), must decide whether the hazardous substance is acceptable in such a quantity in that particular location. The Act stipulates that the HSA must consider the risks to people in the proximity of the site and the local environment.

Section 28 of the Act requires that the local authority maintains a public register of sites at which hazardous substances are permitted.

To see the Act in full, go here.

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