The Planning (Hazardous Substances) Regulations 2015
S.I. 2015/627 · Made 18 March 2015 · Extends to England and Wales
Town And Country Planning, England
Infrastructure Planning
Made 18th March 2015
Laid before Parliament 24th March 2015
Coming into force 1st June 2015
The Secretary of State is a designated Minister for the purposes of section 2(2) of the European Communities Act 1972 M1 (“the 1972 Act”) in relation to measures relating to the prevention and limitation of the effects of accidents involving dangerous substances M2.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 4(4), 4(5), 5, 7, 8, 17(2), 21(2), 21(3), 21(3A), 24(4), 25, 26A, 28, 30, 40(1), and 40(4) of the Planning (Hazardous Substances) Act 1990 M3 and section 2(2) and paragraph 1A of Schedule 2 to the 1972 Act.
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State that it is expedient for the references in these Regulations to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures M4, to be construed as references to that instrument as amended from time to time.
Annotations to the whole text
Marginal citations
- M1
1972 c.68; section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c.51) and section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).
- M2
- M3
1990 c.10. See section 39(2) for the meaning of “prescribed”. Section 4 was amended by S.I. 1999/981 to which there are other amendments not relevant to these regulations. Section 7(1) was amended by section 144 of and paragraph 3 of Part 1 of Schedule 13 to the Environmental Protection Act 1990 (c.43) (“the EPA 1990”), section 21(3A) was inserted by section 197 of, and paragraph 6 of Schedule 11 to, the Planning Act 2008 (c.29) (“the 2008 Act”), section 25 has been amended by section 144 of, and paragraph 8 of Part 1 of Schedule 13 to, the EPA 1990, sections 25 and 84 of, and paragraphs 13 and 30 of Schedule 3 and Part 1 of Schedule 19 to, the Planning and Compensation Act 1991 (c.34) and section 196(4) and paragraphs 25, 28(a) and 28(b) of Schedule 10 to, the 2008 Act, section 26A was inserted by section 144 of, and paragraph 9 of Part 1 of Schedule 13 to, the EPA 1990, section 28 has been amended by sections 144 and 162 of, and paragraph 2(4) of Part 1 of Schedule 13 and Part 7 of Schedule 16 to, the EPA 1990 and section 40(4) was inserted by section 118(1) of and paragraph 27 of Schedule 6 to the Planning and Compulsory Purchase Act 2004 (c.5).
- M4
O.J. L 353, 31.12.2008, p. 1.
Contents
- Part 1: General
- 1Citation, commencement and application
- 2Interpretation
- Part 2: Hazardous substances, controlled quantities and exemptions
- 3Hazardous substances and controlled quantities
- 4Exemptions
- Part 3: Hazardous substances consent procedures
- 5Applications for hazardous substances consent
- 6Publication of notices of applications
- 7Notification of applications to owners
- 8Inspection of applications
- 9Receipt of applications by hazardous substances authority
- 10Consultation before the grant of hazardous substances consent
- 11Determination of applications for hazardous substances consent
- 12Notice of reference of applications to the Secretary of State
- 13Appeals
- Part 4: Enforcement
- 14Hazardous substances contravention notices
- 15Appeals against hazardous substances contravention notices
- 16Appeals: supplementary
- 17Effect of hazardous substances contravention notices, etc
- 18Enforcement register
- 19Validity
- Part 5: Other matters relating to hazardous substances consent and enforcement
- 20Consents register
- 21Fees for applications
- 22Fees for deemed applications
- 23Application of the Act to hazardous substances authorities
- Part 6: Policies and public participation
- 24Policies
- 25Plans and programmes
- 26Other planning approvals for projects
- 27Interpretation of Part 6
- Part 7: Revocations, amendments, savings, transitional provisions, Crown application and review
- 28Revocations
- 29Transitional applications and appeals
- 30Interpretation of existing consents
- 31Saving for deemed consent conditions
- 32Notification of other establishments
- 33Amendments
- 34Application to the Crown
- 35Review
- Signature
- Schedule 1: Hazardous substances and controlled quantities
- 1Categories of substances
- 2Named hazardous substances
- 3Substances used in processes
- Part 4: Notes to Parts 1 to 3
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- Schedule 2: Exemptions
- 1Loading, unloading and intermediate storage
- 2Paragraph 2
- 3Pipelines
- 4Emergency unloading from ships
- 5Paragraph 5
- 6Landfill sites
- 7Paragraph 7
- 8Nuclear sites
- 9Minerals
- 10Paragraph 10
- 11Explosives
- 12Paragraph 12
- 13Presence of established substances
- 14Paragraph 14
- 15Presence of exempted substances
- 16Presence of small quantities of substances
- 17Minor changes to types and quantities of substances
- 18Paragraph 18
- 19Interpretation of this Schedule
- 20Paragraph 20
- Schedule 3: Prescribed forms, notices and certificates
- Part
- Part
- Part
- Part
- Part
- Part
- Part
- Part
- Part
- Schedule 4: Enforcement – application of the principal Act
- Part 1: Appeals against hazardous substances contravention notices
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Part 2: Effect of hazardous substances contravention notices, etc.
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Part 3: Registers
- 9Paragraph 9
- Part 4: Validity
- 10Paragraph 10
- 11Paragraph 11
- Schedule 5: Amendments
- 1Amendment of the Town and Country Planning (London Spatial Development Strategy) Regulations 2000
- 2Amendment of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
- 3Amendment of the Town and Country Planning (Mayor of London) Order 2008
- 4Amendment of the Town and Country Planning (Local Planning) (England) Regulations 2012
- Explanatory note