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The Planning (Hazardous Substances) Regulations 2015

S.I. 2015/627 · Made 18 March 2015 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 May 2025.

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

S.I. 1998/1750.

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

  1. Part 1: General
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. Part 2: Hazardous substances, controlled quantities and exemptions
  5. 3Hazardous substances and controlled quantities
  6. 4Exemptions
  7. Part 3: Hazardous substances consent procedures
  8. 5Applications for hazardous substances consent
  9. 6Publication of notices of applications
  10. 7Notification of applications to owners
  11. 8Inspection of applications
  12. 9Receipt of applications by hazardous substances authority
  13. 10Consultation before the grant of hazardous substances consent
  14. 11Determination of applications for hazardous substances consent
  15. 12Notice of reference of applications to the Secretary of State
  16. 13Appeals
  17. Part 4: Enforcement
  18. 14Hazardous substances contravention notices
  19. 15Appeals against hazardous substances contravention notices
  20. 16Appeals: supplementary
  21. 17Effect of hazardous substances contravention notices, etc
  22. 18Enforcement register
  23. 19Validity
  24. Part 5: Other matters relating to hazardous substances consent and enforcement
  25. 20Consents register
  26. 21Fees for applications
  27. 22Fees for deemed applications
  28. 23Application of the Act to hazardous substances authorities
  29. Part 6: Policies and public participation
  30. 24Policies
  31. 25Plans and programmes
  32. 26Other planning approvals for projects
  33. 27Interpretation of Part 6
  34. Part 7: Revocations, amendments, savings, transitional provisions, Crown application and review
  35. 28Revocations
  36. 29Transitional applications and appeals
  37. 30Interpretation of existing consents
  38. 31Saving for deemed consent conditions
  39. 32Notification of other establishments
  40. 33Amendments
  41. 34Application to the Crown
  42. 35Review
  43. Signature
  44. Schedule 1: Hazardous substances and controlled quantities
  45. 1Categories of substances
  46. 2Named hazardous substances
  47. 3Substances used in processes
  48. Part 4: Notes to Parts 1 to 3
  49. 1Paragraph 1
  50. 2Paragraph 2
  51. 3Paragraph 3
  52. 4Paragraph 4
  53. 5Paragraph 5
  54. 6Paragraph 6
  55. 7Paragraph 7
  56. 8Paragraph 8
  57. 9Paragraph 9
  58. 10Paragraph 10
  59. 11Paragraph 11
  60. 12Paragraph 12
  61. 13Paragraph 13
  62. 14Paragraph 14
  63. 15Paragraph 15
  64. 16Paragraph 16
  65. 17Paragraph 17
  66. 18Paragraph 18
  67. 19Paragraph 19
  68. 20Paragraph 20
  69. 21Paragraph 21
  70. 22Paragraph 22
  71. 23Paragraph 23
  72. 24Paragraph 24
  73. Schedule 2: Exemptions
  74. 1Loading, unloading and intermediate storage
  75. 2Paragraph 2
  76. 3Pipelines
  77. 4Emergency unloading from ships
  78. 5Paragraph 5
  79. 6Landfill sites
  80. 7Paragraph 7
  81. 8Nuclear sites
  82. 9Minerals
  83. 10Paragraph 10
  84. 11Explosives
  85. 12Paragraph 12
  86. 13Presence of established substances
  87. 14Paragraph 14
  88. 15Presence of exempted substances
  89. 16Presence of small quantities of substances
  90. 17Minor changes to types and quantities of substances
  91. 18Paragraph 18
  92. 19Interpretation of this Schedule
  93. 20Paragraph 20
  94. Schedule 3: Prescribed forms, notices and certificates
  95. Part
  96. Part
  97. Part
  98. Part
  99. Part
  100. Part
  101. Part
  102. Part
  103. Part
  104. Schedule 4: Enforcement – application of the principal Act
  105. Part 1: Appeals against hazardous substances contravention notices
  106. 1Paragraph 1
  107. 2Paragraph 2
  108. 3Paragraph 3
  109. 4Paragraph 4
  110. Part 2: Effect of hazardous substances contravention notices, etc.
  111. 5Paragraph 5
  112. 6Paragraph 6
  113. 7Paragraph 7
  114. 8Paragraph 8
  115. Part 3: Registers
  116. 9Paragraph 9
  117. Part 4: Validity
  118. 10Paragraph 10
  119. 11Paragraph 11
  120. Schedule 5: Amendments
  121. 1Amendment of the Town and Country Planning (London Spatial Development Strategy) Regulations 2000
  122. 2Amendment of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
  123. 3Amendment of the Town and Country Planning (Mayor of London) Order 2008
  124. 4Amendment of the Town and Country Planning (Local Planning) (England) Regulations 2012
  125. Explanatory note