Q&As

What permits and consents are required to put an existing gas holder back in use?

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Published on LexisPSL on 23/11/2017

The following Environment Q&A provides comprehensive and up to date legal information covering:

  • What permits and consents are required to put an existing gas holder back in use?
  • Permits and consents to store gas
  • Hazardous substances consent
  • Other planning requirements
  • Requirements under the Gas Act 1986
  • Other duties which may be relevant
  • Duties under the Control of Major Accident Hazards Regulations 2015
  • Licenses to convey and supply gas
  • Transportation of dangerous goods
  • Packaging and labelling
  • More...

This Q&A refers to a large above ground container in which gas is stored.

Permits and consents to store gas

Hazardous substances consent

Owners and operators wishing to hold stocks of specified hazardous chemicals and similar substances on, over or under land above a threshold quantity must obtain a hazardous substance consent from the relevant hazardous substances authority. Hazardous substances consents are regulated by the Planning (Hazardous Substances) Act 1990 and in England by the Planning (Hazardous Substances) Regulations 2015 (PHSR 2015), SI 2015/627. The hazardous substances subject to control are set out in PHSR 2015, SI 2015/627, Sch 1 and include natural gas. Consent is required if the specified substance is stored or used at or above the specified controlled quantity set out in PHSR 2015, SI 2015/627, Sch 1. See Practice Notes: Hazardous substance zones and consent and Hazardous substances and planning for more detail around hazardous substance consents.

Other planning requirements

It is important to note that where development associated with the storage or use of hazardous substances is proposed, a separate planning permission may also be necessary, in addition to any requirement for hazardous substance consent. Assuming no operational development (ie building, engineering or other operations) are needed on site, planning permission is likely to nevertheless be required for the change of use of the land on which the gas holder is located to bring

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