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.

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2. See also paragraphs B15 to B17 on the Addition Rule.

3. See Section 2(2)(aa),(b) and (c) of the Principal Act which refer specifically to other land or structures which are within 500 metres of the land (for structures this includes any part which is within 500 metres).

4. the Directive sets two levels of qualifying quantity for substances. Sites with quantities at or above the lower qualifying quantities are designated lower tier sites and those with quantities at or above the higher qualifying quantity are upper tier sites. Additional requirements apply under the COMAH Regulations to upper tier sites.

5. With the introduction of the 1993 Regulations, and certain amendments to these Regulations, deemed consents were granted for the established presence of substances. Schedule 3 to the 1993 Regulations specified conditions to be attached to such deemed consent. Regulation 62 of the 2015 Regulations retains these conditions in relation to deemed consent previously granted.

6. While Section 10 also applies to certain development authorised by the UK Government under its Nationally Significant Infrastructure Planning procedures, these are not subject to requirements in the 2015 Regulations.

7. Not appealing on the grounds of non-determination does not affect the right of appeal against the planning authority's eventual decision.

8. Decision notice in this paragraph includes the notices of decision for applications for consent, agreement or approval required by a condition on hazardous substances consent.

9. The wording in the DMR refers specifically to modifications covered by Article 11 of the Directive.

10. Note that the cost of newspaper notices for applications for planning permission is rechargeable to applicants only where required under the DMR, not regulation 23.

11. See paragraph 10 of Schedule 2 (Exemptions) to the 2015 Regulations

12. This direction is being reviewed and consideration given to adding a notification requirement as regards ONR and SEPA advice on developments of or near establishments.

13. Previous rights to appeal on the grounds that hazardous substances consent should be granted for any breach of control have, as is the case with planning permission enforcement, been removed.

14. See Section 31 of the Principal Act.

15. The Planning and Compulsory Purchase Act 2004 (Transitional Provisions) (Scotland) Order 2006 ( SSI 2006/ 269).

16. Note: Regulation 18 requires the planning authority to send a copy of the decision notices on applications for hazardous substances consent to HSE or ONR , as appropriate, and SEPA . Regulation 38 requires the same of Scottish Ministers as regards appeal decisions.


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