The Planning (Control of Major-Accident Hazards) (Scotland) Regulations 2000

Citation, commencement, interpretation and extentS

1.—(1) These Regulations may be cited as the Planning (Control of Major-Accident Hazards) (Scotland) Regulations2000 and shall come into force on 6th July 2000.

(2) In these Regulations, unless the context otherwise requires “the Act" means the Planning (Hazardous Substances) (Scotland) Act 1997 and references to sections are to sections of that Act.

(3) These Regulations extend to Scotland only.

Amendment of the ActS

2.—(1) The Act shall be

(2) In section 2 (requirement of hazardous substances consent)–

(a)after subsection (2)(a) insert–

“(aa)on, over or under other land controlled by the same person and which, in all the circumstances (including in particular the purposes for which the land and the land mentioned in paragraph (a) is used) forms with the land so mentioned a single establishment;”;

(b)in subsection (2)(b) for the word “it" substitute “ the land mentioned in paragraph (a) ”;

(c)in subsection (2)(c) for the word “it" substitute “ the land mentioned in paragraph (a) ”;

(d)after subsection (2) insert–

“(2A) A quantity of a substance which falls within more than one paragraph of subsection (2) shall only be counted once.”;

and

(e)for subsection (3) substitute–

“(3) The temporary presence of a hazardous substance while it is being transported from one place to another is not to be taken into account unless–

(a)it is unloaded; or

(b)it is present on, over or under land in respect of which there is a hazardous substances consent for any substance, or in respect of which (not taking into account the quantity of the substance being transported) there is required to be such a consent for any substance.”.

Transitional provisionsS

3.—(1) For the purposes of the transition to the provisions of these Regulations, the Act shall be amended as follows.

(2) In section 4(1)(b) (hazardous substances consent: general), for “or 10" substitute “ , 10 or 10A ”.

(3) After section 10, insert–

“10A.     Deemed hazardous substances consent: established presence

(1) Where a hazardous substance was present on, over or under any land at any time within the establishment period, for which hazardous substances consent was not required during that period, hazardous substances consent may be claimed in respect of its presence.

(2) A claim shall be made on Form 12 (as set out in Schedule 2 to the Regulations) before the end of the transitional period and shall contain the information specified in regulation 15 of the Regulations.

(3) Subject to subsections (4) and (5), the planning authority shall be deemed to have granted any hazardous substances consent which is claimed under subsection (1).

(4) Hazardous substances consent is only to be deemed to be granted under this section if an aggregate quantity of the substance not less than the controlled quantity was present at any one time within the establishment period.

(5) If it appears to the planning authority that a claim for hazardous substances consent does not comply with subsection (2), it shall be their duty, before the end of the period of two weeks from their receipt of the claim–

(a)to notify the claimant that in their opinion the claim is invalid; and

(b)to give their reasons for that opinion.

(6) Hazardous substances consent which is deemed to be granted under this section is subject–

(a)to the condition that the maximum aggregate quantity of the substance that may be present–

(i)on, over or under the land to which the claim for the consent relates;

(ii)on, over or under other land controlled by the same person and which, in all the circumstances (including in particular the purposes for which the land and the land mentioned in sub-paragraph (i) is used), forms with the land so mentioned a single establishment;

(iii)on, over or under other land which is within 500 metres of the land mentioned in sub-paragraph (i) and controlled by the same person; or

(iv)in or on a structure controlled by the same person any part of which is within 500 metres of the land mentioned in sub-paragraph (i),

at any one time shall not exceed the established quantity and in calculating the established quantity a quantity of a substance which is present under more than one sub-paragraph in this subsection shall be counted only once; and

(b)to the conditions set out in Schedule 3 to the Regulations.

(7) In this section and in section 10B–

• “establishment period" means the period of 12 months immediately preceding the relevant date;

• “established quantity" means, in relation to any land, the maximum quantity which was present on, over or under the land at any one time within the establishment period;

• “the Regulations" means the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 M1;

• “the relevant date" means the date on which the Planning (Control of Major -Accident Hazards) (Scotland) Regulations 2000 came into force;

• “the transitional period" means the period of 6 months beginning with the relevant date.

10B.     Transitional exemptions

(1) No offence is committed under section 21, and no hazardous substances contravention notice may be issued in relation to a hazardous substance which is on, over or under any land, if–

(a)the substance was present on, over or under the land at any time within the establishment period and was not a substance or quantity of substance for which hazardous substances consent was required before the relevant date; and

(b)the substance has not been present during the transitional period in a quantity greater in aggregate than the established quantity.

(2) This section shall have effect until the end of the transitional period.”.

(4) In section 27(1)(c) (registers etc.), for “or 10" substitute “ , 10 or 10A ”.

Amendment of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993S

4.—(1) The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 shall be

(2) In regulation 2 (interpretation)–

(a)in paragraph (1)–

(i)after the definition of “controlled quantity", insert–

““the Directive" means Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances M2;”;

and

(ii)in the definitions of “established quantity" and “establishment period", for “38(10) of the 1986 Act" substitute “ 10A(7) of the Planning (Hazardous Substances) (Scotland) Act 1997 ”;

(b)in paragraph (6) for the words “Part D of that Schedule" substitute “ the notes to that Schedule. ”.

(3) In regulation 3 (hazardous substances and controlled quantities)–

(a)for paragraph (1) substitute–

“(1) Substances, mixtures or preparations–

(a)specified in column 1 of Part A; or

(b)falling within a category in column 1 of Part B; or

(c)meeting the description in column 1 of Part C,

of Schedule 1 and present as raw materials, products, by-products, residues or intermediates are hazardous substances for the purposes of the Act.”.

(b)paragraph (2) shall be omitted.

(4) For regulation 4 (exemptions) substitute–

“4.—(1) Hazardous substances consent is not required for the temporary presence of a hazardous substance during the period between it being unloaded from one means of transport and loaded onto another while it is being transported from one place to another unless it is present on, over or under land in respect of which there is a hazardous substances consent for any substance, or in respect of which (not taking into account the quantity of the substance being transported) there is required to be such a consent for any substance.

(2) Hazardous substances consent is not required for the presence of a hazardous substance contained in an exempt pipe-line or a service pipe.

(3) Hazardous substances consent is not required for the presence of a hazardous substance which has been unloaded from a ship or other sea going craft in an emergency until the expiry of the period of 14 days beginning with the day on which it was so unloaded; and for the purpose of this paragraph a substance shall be treated as having been unloaded from a craft in an emergency if–

(a)it was unloaded from a craft to which a direction under section 3(1) of the Dangerous Vessels Act 1985 M3 (directions by Secretary of State to harbour master) applied; or

(b)it was unloaded from a craft after having been brought into a harbour or harbour area, within the meaning of regulation 2 of the Dangerous Substances in Harbour Areas Regulations 1987 M4, without requiring notification under paragraph (1) of regulation 6 of those Regulations by virtue of an exemption under paragraph (5) of that regulation.

(4) Hazardous substances consent is not required for the presence of a hazardous substance on, over or under land at a waste land-fill site.

(5) Hazardous substances consent is not required for the presence of a hazardous substance which creates a hazard from ionising radiation if present on, over or under land in respect of which a nuclear site licence has been granted or is required for the purposes of section 1 of the Nuclear Installations Act 1965 M5.

(6) The presence of a quantity of a hazardous substance (other than that of a substance numbered 6, 14, 35 and 39 in column 1 of Part A of Schedule 1)–

(a)in a location where it cannot act as an initiator of a major accident elsewhere on the relevant site; and

(b)which is equal to or less than two per cent. of the relevant controlled quantity for that substance,

shall not be taken into account when calculating the quantity of a hazardous substance present on, over or under land for any purpose of the Act or these Regulations.

(7) The presence of a substance to which paragraphs (1) to (5) apply shall not be taken into account when calculating the quantity of a hazardous substance present on, over or under land for any purpose of the Act or these Regulations.

(8) In this regulation–

(a)“exempt pipe-line" means a pipe-line used to convey a hazardous substance to or from a site, but does not include–

(i)that part of the pipe-line on, over, or under a site to which it has an outlet or inlet;

(ii)a service pipe;

(b)“service pipe" means a pipe-line used by a public gas transporter (within the meaning of section 7(1) of the Gas Act 1986 M6) to convey gas to an individual consumer from a main of that transporter;

(c)“major accident" means an occurrence (including in particular, a major emission, fire or explosion) resulting from uncontrolled developments in the course of any operation carried out on, over or under land in respect of which there is or is required to be a hazardous substances consent and leading to serious danger to human health or the environment, immediate or delayed, and involving one or more hazardous substances;

(d)the expressions “initiator", “major emission, fire or explosion", “resulting from uncontrolled developments", “leading to serious danger to human health or the environment, immediate or delayed", “waste land-fill site" and “ionising radiation" shall have the same meaning as in the Directive.”.

(5) In regulation 11 (consultation before the grant of hazardous substances consent)–

(a)in paragraph (1)(a) for “Regional or District council" substitute “ local and civil defence authority ” and for “council" substitute “ authority ”;

(b)in paragraph (1)(e) omit the words “and civil defence";

(c)in paragraph (1)(f) for “river purification authority for the area concerned" substitute “ Scottish Environment Protection Agency ”;

(d)for paragraph (1)(k)(i) substitute “ the area of an adjacent local and civil defence authority, that authority ”;

(e)for paragraph (1)(k)(ii) substitute “ the area of an adjacent fire authority, that authority ”;

(f)in paragraph 3 the definition of “river purification authority" shall be omitted;

(g)after paragraph 3 add–

“(4) The exception in paragraph (1) shall not apply in respect of consultation with the bodies referred to in sub-paragraphs (a), (c) and (f) of that paragraph.”.

(6) In regulation 15(1) (claim for deemed consent), for “38 of the 1986 Act" substitute “ 10A of the Planning (Hazardous Substances) (Scotland) Act 1997 ”.

(7) In regulation 16 (conditions on deemed consent), for the words from “prescribed" to the end substitute “ conditions referred to in section 10A(6)(b) of the Planning (Hazardous Substances) (Scotland) Act 1997 ”.

(8) In regulation 17 (interpretation of deemed consent provisions)–

(a)for references to “Table C" substitute “ Table B ”; and

(b)in paragraph (2) for the words “71 in column 1 of Schedule 1" substitute–

“32 in column 1 of Part A of Schedule 1”.

(9) For Schedule 1 (Hazardous Substances and Controlled Quantities), substitute the new Schedule 1 set out in Schedule 1 t

(10) In Schedule 2 (Prescribed Forms, Notices and Certificates) for forms 1 (application for hazardous substances consent), 2 (application for hazardous substances consent without a condition imposed on a previous consent and continuation of hazardous substances consent following a change of control of part of the land) and 12 (claim for deemed consent), substitute the new forms 1, 2 and 12 set out in Schedule 2 to these Regulations.

(11) In Schedule 3 (Deemed Consent Conditions)–

(a)for references to “Table C" substitute “ Table B ”; and

(b)in paragraph 7(2) after the words “not exceed" omit the word “twice".

Amendment of the Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983S

5.—(1) The Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983 M7 shall be amended as follows.

(2) In regulation 2 (interpretation), after paragraph (2) add–

“(3) In regulations 7(3) and 25(3)–

(a)“the Directive" means Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances; and

(b)expressions which are also used in the Directive shall have the same meaning as in the Directive.”.

(3) In regulation 7 (matters to be contained in a structure plan), after paragraph (2) add–

“(3) In preparing a structure plan, a planning authority shall, in addition to any other matters which they are required to have regard to, have regard to–

(a)the objectives of preventing major accidents and limiting the consequences of such accidents; and

(b)the need–

(i)in the long term, to maintain appropriate distances between establishments and residential areas, areas of public use and areas of particular natural sensitivity or interest; and

(ii)in the case of existing establishments, for additional technical measures in accordance with Article 5 of the Directive so as not to increase the risks to people.”.

(4) In regulation 25 (matters to be contained in a local plan), after paragraph (2) add–

“(3) In preparing a local plan, a planning authority shall, in addition to any other matters which they are required to have regard to, have regard to–

(a)the objectives of preventing major accidents and limiting the consequences of such accidents; and

(b)the need–

(i)in the long term, to maintain appropriate distances between establishments and residential areas, areas of public use and areas of particular natural sensitivity or interest; and

(ii)in the case of existing establishments, for additional technical measures in accordance with Article 5 of the Directive so as not to increase the risks to people.”.

Amendment of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992S

6.—(1) The Town and Country Planning (General Development Procedure) (Scotland) Order 1992 M8 shall be amended as follows.

(2) In article 15 (consultations before grant of planning permission), after paragraph (1)(o) insert–

“(p)Scottish Natural Heritage, the Health and Safety Executive and SEPA where the development–

(i)involves the siting of new establishments;

(ii)consists of modifications to existing establishments which could have significant repercussions on major accident hazards; or

(iii)includes transport links, locations frequented by the public and residential areas in the vicinity of existing establishments, where the siting or development is such as to increase the risk or consequences of a major accident.”.

(3) After article 15(1), insert–

“(1A) Expressions which are used in sub-paragraph (p) of paragraph (1) and in Council Directive 96/82/EC on the control of major accident hazards involving dangerous substances shall, in that sub-paragraph, have the same meaning as in that Directive.”.

(4) In article 15(4), after “article" insert “ (except under paragraph (1)(p)) ”.