Local authority assent

Local authority assent is covered by regulation 14 of the Manufacture and Storage of Explosives Regulations 2005 (MSER).

When do I need local authority assent?

All manufacturing activities and all storage of more than 2000 kg of explosives requires local authority assent as well as a licence from HSE. HSE has discretion in setting separation distances. If an applicant wishes to propose alternative safety measures in return for a lower separation distance then this will also be subject to local authority assent.

The storage of less than 2000 kg of explosives at a mine or the storage of ammonium nitrate emulsion does not need local authority assent as long as HSE issues the licence using the distances set out in MSER Schedule 2. If the applicant wishes to vary these distances then it will need local authority assent.

How do I get local authority assent?

Before applying for local authority assent you should apply to HSE for a draft licence.

After receiving a licence application, HSE’s Explosives Inspectorate will issue a draft licence and accompanying documents to the applicant so that they can apply for local authority assent.

The applicant must send a copy of the draft licence, application and the information that Explosives Inspectorate instructs them to send to their local authority, requesting a day to be appointed for the formal application for assent.

Within 28 days of sending these documents to the local authority, the applicant must publish a notice in a local newspaper in the area where the where the manufacture or storage of explosives is proposed to take place.

This notice must:

• Give details of the application
• Invite representations on matters affecting the health and safety of people other than the applicant’s employees to be made in writing to the local authority within 28 days of the date that the notice is first published and
• Give an address where any representations should be sent

The applicant has to take other reasonable steps to inform everyone who lives or carries on a business or other undertaking within the public consultation zone.

The consultation zone covers an area ‘extending to twice the proposed separation distance of the proposed site’. In practice, this area can be taken to extend to twice the largest outside buildings and works distance specified in the building schedule of the draft licence

The applicant should also take reasonable steps to inform owners of property within or adjoining the consultation zone. Reasonable steps include writing to or leafleting those affected.

The local authority must, before deciding whether to assent to the application, hold an assent hearing within four months of receiving the draft licence and application from the applicant. The local authority must, not less than 28 days before the assent hearing, publish notice of the date, time and place fixed for the hearing in a local newspaper send a copy of the notice to:

• The applicant
• Anyone who made representations in response to the notice published by the applicant
• HSE

If there are any objections to the application, the HSE inspector who is dealing with the licence may be present at the hearing to deal with any technical questions which might arise or to explain anything in connection with the licence.

If the application is for the variation of an existing explosives licence, the inspector may inform the local authority that assent is not required when judged against the criteria in regulation 16(4) of MSER. The inspector will ask that the local authority confirms if it agrees or disagrees that assent is not required in writing.