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New Planning of Hazardous Substance Regulations [Northern Ireland]

The Planning (Hazardous Substances) Regulations (Northern Ireland) 2015 will come into force on the 1st April 2015. These regulations amend the Planning Act (Northern Ireland) 2011 .

Reminder on the Planning Act 2011

The Planning Act (Northern Ireland) 2011 states that “presence on, over or under land, of a hazardous substance equal to or in excess of the controlled quantity (as specified by regulations) requires the consent of the council”.

Purpose of the Planning of Hazardous Substance Regulations 2015

The purpose of these Planning of Hazardous Substance Regulations 2015 is :
  • to state the substances which are to be hazardous substances and what quantities are considered to be controlled quantities of those substances for the purpose of the 2011 Act.  These regulations also state the procedure of applications made for consent and how those applications are determined.
  • to provide for hazardous substances contravention notices, stating what has to be included in such notices, how to appeal against these notices, the penalties for not complying with such notices and also the works that may be required by such notices.
For more information on what substances and the quantities these regulations apply to please consult the regulations directly with reference to Regulation 3 in conjunction with schedule 2 of these regulations.

Red-on-line EHS Legal Expert

Sources :

SR 2015/61 – The Planning (Hazardous Substances) Regulations (Northern Ireland) 2015 on www.legislation.gov.uk published on the 23rd February 2015.

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