Planning (Hazardous Substances) Act 1990

Overview

This Act implements a system of consents for sites that contain certain quantities of hazardous substances. Under the Act, a site must obtain consent if it contains hazardous substances above a controlled quantity. Consent must be sought from the Hazardous Substances Authority (HSA), in this case the local planning authority. The HSA, in consultation with the Health and Safety Executive (HSE), must decide whether said substances are acceptable in such a quantity in that particular location. Furthermore, the Act stipulates that the HSA must consider the risks to people in the proximity of the site and the local environment.

There are however, certain cases where consent is not required: 

• for the temporary presence of a hazardous substance during the period between being unloaded from one transporter and loaded onto another;
• for the presence of a hazardous substance contained in an aerosol dispenser of capacity less than one litre;
• for substances contained in certain exempt pipelines and service pipes; and
• for a substance which has been unloaded from a sea vessel in an emergency. Such an exemption can be valid for two weeks.