Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what steps he is taking to ensure that responses to Hazardous Substance Consent enquiries from planning authorities are delivered on time.

The Health and Safety Executive (HSE) is a statutory consultee for Hazardous Substances Consent Applications. The assessments undertaken by HSE for each Hazardous Substance Consent Application are complex and underpin HSE’s statutory advice to Hazardous Substances Authorities. This advice is aimed at mitigating the effects of a major accident on the population around a major hazard site. In July 2012, as part of the government’s response to the Penfold Review, HSE agreed to deliver its Hazardous Substance Consent statutory advice to Hazardous Substance Authorities within 13-26 weeks of receiving a valid application. HSE continues to work to these agreed timeframes, which reflect the detailed assessment work needed.

HSE processes between 60 and 80 Hazardous Substance Consent applications a year. In 2020/21 (the last full year where data is available) HSE provided advice for 67% of the 61 Hazardous Substance Consent applications received within the 26 week deadline.

HSE meets regularly with Hazardous Substances Consent policy leads from England, Scotland and Wales. HSE understands that there are no current plans for the Department for Levelling Up, Housing and Communities (DLUHC) or Devolved Administrations to amend Hazardous Substance Consent legislation to reflect the timescales agreed through the Penfold Review, however HSE will be publishing information on its website to advise applicants on the timescales involved. HSE has also produced a smart form to aid the submission of valid applications and is also recruiting to maintain its current numbers of specialist risk assessors, who undertake this expert assessment work.