Planning Circular 3/2015: Planning controls for hazardous substances

Guidance on the planning procedures around hazardous substances consent, relevant applications for planning permission and planning policies.

This document is part of a collection


"the 1993 Regulations" The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 ( SI 1993/ 323), which are replaced by the 2015 Regulations.
"the 2004 Act" The Planning and Compulsory Purchase Act 2004 (Chapter 5).
"the 2015 Regulations" The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 ( SSI 2015/181).
"Aarhus Convention" United Nations Economic Commission for Europe ( UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters.
"the COMAH Regulations" The Control of Major Accident Hazard Regulations 2015 ( SI 2015/ 483).
"consultation distance" A set area around an establishment notified to the planning authority by HSE or ONR , who must be consulted on applications for planning permission for certain development within their respective consultation distance. Such distances can also be notified in relation to pipelines or in relation to administrative arrangements around certain nuclear sites.
"controlled quantity" The quantity specified in Schedule 1 to the 2015 Regulations at or above which hazardous substances consent is required (subject to any relevant exemption).
"the Directive" Directive 2012/18/ EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/ EC ( OJ L197, 24.7.2012, p.1) - also known as the Seveso III Directive [1] .
"the DMR" The Town and Country Planning (Development Management Procedure (Scotland) Regulations 2013 ( SSI 2013/155).
" DPEA" Scottish Government Directorate for Planning and Environmental Appeals.
"the DPR" Town and Country Planning (Development Planning) (Scotland) Regulations 2008 ( SSI 2008/ 426).
"the ER 2014" The Explosives Regulations 2014 ( SI 2014/ 1638)
"establishment" For the purposes of the Circular, this has the same meaning as in the Directive, but also includes sites requiring hazardous substances consent for Hydrogen, Natural Gas (including Liquefied Natural Gas) and Liquefied Petroleum Gas at lower controlled quantities under the Principal Act and the 2015 Regulations. The Directive defines establishment as "the whole location under the control of an operator where dangerous substances are present in one or more installations, including common or related infrastructures or activities; establishments are either lower-tier establishments or upper-tier establishments". Upper-tier and lower-tier relate to some substances having two levels of control placed on them depending on the quantity present.
"established presence" Where substances were present legally without requiring hazardous substances consent prior to a change in legislation which changes the requirement for such consent. Such changes previously had transitional arrangements for established presence. The 2015 Regulations have an exemption subject to certain restrictions and requirements - see paragraph 12 of Schedule 2 to the 2015 Regulations.
" HSE" The Health and Safety Executive.
"the HSWA" The Health and Safety at Work etc. Act 1974 (Chapter 37).
"the Inquiry Session Rules" The Town and Country Planning (Hazardous Substances Inquiry Session Procedure) (Scotland) Rules) 2015 ( SSI 2015/ 182).
"the Listed Buildings Act" The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (Chapter. 9).
"local review" Where applications for planning permission for local development are delegated to an officer for decision, the applicant does not have right of appeal to Scottish Ministers but to a local review of the officer's decision by the planning authority.
"the Local Review Regulations" The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 ( SSI 2013/ 157).
"neighbouring land" Land (other than land forming part of a road) which, or part of which, is conterminous with or within 20 metres of the boundary of the land to which the application relates; and where storage or use of hazardous substances is to take place within a building, every other separately owned or separately occupied unit within that building. 'Land' includes any building on the land.
"new international standards" The 'Globally Harmonised System' as adopted by European Regulation ( EC) No. 1272.2008 on classification, labelling and packaging of substances and mixtures.
" ONR" The Office for Nuclear Regulation.
"the Planning Act" The Town and Country Planning (Scotland) Act 1997 (Chapter 8).
"the Planning Appeals Regulations" The Town and Country Planning (Appeals) (Scotland) Regulations 2013 ( SSI 2013/ 156).
"the Principal Act" The Planning (Hazardous Substances) (Scotland) Act 1997 (Chapter 10).
"relevant nuclear site" A site which is- (a) a nuclear site within the meaning given in section 112(1) of the Energy Act 2013 (Chapter 32); (b) an authorised defence site within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998 ( SI 1998/ 494); (c) a new nuclear build site (within the meaning given in regulation 2A of those 1998 Regulations).
" SEPA" The Scottish Environment Protection Agency.

Unless otherwise stated, a reference in this Circular to a regulation or a Schedule is a reference to a regulation or Schedule of the 2015 Regulations and a reference to a section is a reference to a section of the Principal Act. References to legislation such as directives, acts and regulations are references to the legislation as at the date of publication of this Circular (including any amendments which may have been made on or before that date). Terms which are underlined have entries in the glossary.


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