UK Statutory Instrument SI 2015 United Kingdom

Planning (Hazardous Substances) Regulations 2015

These Regulations implement the land-use planning obligations (articles 13 and 15) in Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances (O.J. L 197, 24.7.2012, p.1)(the “Seveso III Directive”).

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
HSE, Local Authority
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Applicant3 Any Person2

Plus 10 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

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Applicant — also bound by 307 other Acts
Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

General

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.001 Citation, commencement and application (opens in a new tab)
s.002 Interpretation (opens in a new tab)
Part 2

Hazardous substances, controlled quantities and exemptions

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.003 Hazardous substances and controlled quantities (opens in a new tab)
s.004 Exemptions (opens in a new tab)
Part 3

Hazardous substances consent procedures

6 of 9 sections shown
s.005 Applications for hazardous substances consent (opens in a new tab) Regulated
  • Apply for hazardous substances consentApplicant
s.006 Publication of notices of applications (opens in a new tab) Regulated
  • Publish and post public notices before applying for hazardous substance consentApplicant
s.007 Notification of applications to owners (opens in a new tab) Regulated
  • Include ownership certificates and notices with hazardous substances applicationsApplicant
s.008 Inspection of applications (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Authority must make hazardous substance applications available for inspectionLocal authority
s.009 Receipt of applications by hazardous substances authority (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Planning authority must process hazardous substances applications promptlyLocal authority
s.012 Notice of reference of applications to the Secretary of State (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must notify you if your application is sent to the Secretary of StateLocal authority
3 other sections in this Part — procedural and definitional
s.010 Consultation before the grant of hazardous substances consent (opens in a new tab)
s.011 Determination of applications for hazardous substances consent (opens in a new tab)
s.013 Appeals (opens in a new tab)
Part 4

Enforcement

2 of 6 sections shown
s.014 Hazardous substances contravention notices (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must detail reasons and appeal rights in contravention noticesLocal authority
s.016 Appeals: supplementary (opens in a new tab) Regulated
  • Provide appeal documents to the hazardous substances authorityAny Person
4 other sections in this Part — procedural and definitional
s.015 Appeals against hazardous substances contravention notices (opens in a new tab)
s.017 Effect of hazardous substances contravention notices, etc (opens in a new tab)
s.018 Enforcement register (opens in a new tab)
s.019 Validity (opens in a new tab)
Part 5

Other matters relating to hazardous substances consent and enforcement

2 of 4 sections shown
s.020 Consents register (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must maintain a six-part hazardous substances registerLocal authority
s.023 Application of the Act to hazardous substances authorities (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Hazardous substances authorities must apply to the Secretary of StateLocal authority
2 other sections in this Part — procedural and definitional
s.021 Fees for applications (opens in a new tab)
s.022 Fees for deemed applications (opens in a new tab)
Part 6

Policies and public participation

2 of 4 sections shown
s.024 Policies (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must consider accident prevention in national planning policyCrown / Minister / Government department
s.026 Other planning approvals for projects (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Authorities must notify the public and consult COMAH before project approvalCrown / Minister / Government department
2 other sections in this Part — procedural and definitional
s.025 Plans and programmes (opens in a new tab)
s.027 Interpretation of Part 6 (opens in a new tab)
Part 7

Revocations, amendments, savings, transitional provisions, Crown application and review

2 of 8 sections shown
s.032 Notification of other establishments (opens in a new tab) Regulated
  • Notify the authority if your site uses hazardous substances under an exemptionAny Person
s.035 Review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must review and report on hazardous substances regulations periodicallyCrown / Minister / Government department
6 other sections in this Part — procedural and definitional
s.028 Revocations (opens in a new tab)
s.029 Transitional applications and appeals (opens in a new tab)
s.030 Interpretation of existing consents (opens in a new tab)
s.031 Saving for deemed consent conditions (opens in a new tab)
s.033 Amendments (opens in a new tab)
s.034 Application to the Crown (opens in a new tab)
Schedules

Schedules

1 of 40 shown
s.sch004 Section 188 of the principal Act (register of enforcement and... Regulated
Other duties (1) — Crown / regulator
  • Keep a public register of hazardous substances enforcement noticesLocal authority
39 other schedules
s.001 Hazardous substances and controlled quantities (opens in a new tab)
s.004 Enforcement – application of the principal Act (opens in a new tab)
s.005 Amendments (opens in a new tab)
s.sch002 Exemptions (opens in a new tab)
s.sch002 Loading, unloading and intermediate storage
s.sch002 Hazardous substances consent is not required for the presence of...
s.sch002 Explosives
s.sch002 Hazardous substances consent is not required where an explosives licence...
s.sch002 Presence of established substances
s.sch002 Paragraph 13 does not apply where the quantity of the...
s.sch002 Presence of exempted substances
s.sch002 Presence of small quantities of substances
s.sch002 Minor changes to types and quantities of substances
s.sch002 The conditions are— (a) that before the relevant minor change...
s.sch002 Interpretation of this Schedule
s.sch002 Paragraph 1 does not apply if the substance referred to...
s.sch002 Expressions appearing both in this Schedule and in the Directive...
s.sch002 Pipelines
s.sch002 Emergency unloading from ships
s.sch002 For the purpose of paragraph 4, a substance is to...
s.sch002 Landfill sites
s.sch002 Paragraph 6 does not apply to— (a) a site used...
s.sch002 Nuclear sites
s.sch002 Minerals
s.sch003 Prescribed forms, notices and certificates (opens in a new tab)
s.sch004 Section 174 of the principal Act (appeals against enforcement notice)...
s.sch004 Section 285 of the principal Act (validity of enforcement notices...
s.sch004 Section 289 of the principal Act (appeals to the High...
s.sch004 Section 175 of the principal Act (appeals: supplementary provisions) applies...
s.sch004 Section 176 of the principal Act (general provisions relating to...
s.sch004 Section 177 of the principal Act (grant or modification of...
s.sch004 Section 178 of the principal Act (execution and cost of...
s.sch004 Section 179 (offence where enforcement notice not complied with) has...
s.sch004 Section 180 (effect of planning permission etc. on enforcement or...
s.sch004 Section 181 (enforcement notice to have effect against subsequent development)...
s.sch005 Amendment of the Town and Country Planning (London Spatial Development Strategy) Regulations 2000
s.sch005 Amendment of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
s.sch005 Amendment of the Town and Country Planning (Mayor of London) Order 2008
s.sch005 Amendment of the Town and Country Planning (Local Planning) (England) Regulations 2012
5 other provisions
sch. 1 para. 11 sch. 1 para. 11
sch. 1 para. 12 sch. 1 para. 12
sch. 1 para. 5 sch. 1 para. 5
sch. 1 para. 6 sch. 1 para. 6
sch. 1 para. 9 sch. 1 para. 9

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