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Statutory Instrument 1999 No. 981
The Planning (Control of Major-Accident Hazards)
Regulations 1999
© Crown Copyright 1999
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STATUTORY INSTRUMENTS
1999 No. 981
TOWN AND COUNTRY PLANNING, ENGLAND AND
WALES
The Planning (Control of Major-Accident Hazards)
Regulations 1999
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Made |
24th March 1999 |
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Laid before Parliament |
31st March 1999 |
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Coming into force |
20th April 1999 |
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The Secretary of State
for the Environment, Transport and the Regions, as respects England, and
the Secretary of State for Wales, as respects Wales, being designated[1]
Ministers for the purposes of section 2(2) of the European Communities Act
1972[2]
in relation to the prevention and limitation of the effects of accidents
involving dangerous substances, in exercise of the powers conferred upon
them by that section and by sections 5, 7(1), 11(2), 11(7), 17(2), and
40(1) of the Planning (Hazardous Substances) Act 1990[3],
and of all other powers enabling them in that behalf, hereby make the
following Regulations:-
Citation, commencement and
interpretation
1.
- (1) These Regulations may be cited as the Planning (Control
of Major-Accident Hazards) Regulations 1999 and shall come into force on
20th April 1999.
(2) In these Regulations,
unless the context otherwise requires-
"the Act" means the Planning (Hazardous Substances) Act 1990 and
references to sections are to sections of that Act;
"the Order" means the Town and Country Planning (General Development
Procedure) Order 1995[4].
Amendment of the Act
2. - (1) The Act shall be amended as
follows.
(2) In section 4 (requirement of
hazardous substances consent)-
(a) after subsection (2)(a) insert-
" (aa) on, over or under other land which is 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.";
(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.".
Amendment of the Planning (Hazardous Substances) Regulations
1992
3. - (1)
The Planning (Hazardous Substances) Regulations 1992[5]
shall be amended as follows.
(2) In
regulation 2 (interpretation)-
(a) in paragraph (1), after the definition of "buried or mounded
vessel", insert-
" "the Directive" means Council Directive 96/82/EC on the control
of major-accident hazards involving dangerous substances[6];";
(b) in paragraph (4) 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-
" 3. - (1) Substances,
mixtures or preparations-
(a) specified in column 1 of Part A;
(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 its 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[7]
(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[8],
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[9].
(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[10])
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" have the same meaning as in
the Directive.".
(5) In regulation 10 (consultation before the
grant of hazardous substances consent)-
(6) In regulation 16 (interpretation of deemed
consent provisions)-
(a) for each reference to "Table C" substitute "Table B";
(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".
(7) For Schedule 1 (Hazardous Substances and
Controlled Quantities), substitute the new Schedule 1 set out in Schedule
1 to these Regulations.
(8) In Schedule 2
(Prescribed Forms, Notices and Certificates) for forms 1 (general
application for hazardous substances consent), 2 (application for
hazardous substances consent without a condition imposed on a previous
consent) and (application for continuation of hazardous substances consent
following a change in control of part of the land) and 8 (claim for deemed
consent) substitute the new forms 1, 2 and 8 set out in Schedule 2 to
these Regulations.
(9) In Schedule 3
(Deemed Consent Conditions)-
(a) for each reference to "Table C" substitute "Table B";
(b)
in paragraph 7(2) omit the word "twice".
Transitional provisions
4. - (1) For the purposes of the transition to the
amendments made by regulations 2 and 3, sections 11 (deemed hazardous
substances consent: established presence) and 26 (transitional exemptions)
shall apply with the following
modifications.
(2) In section 11-
(a) in subsection (1), after the words "establishment period"
insert-
" for which hazardous substances consent was not required during
that period,";
(b) in subsection (3), for the words "(4) to" substitute "(5)
and";
(c) subsection (4) shall be omitted;
(d) at the
beginning of subsection (5) omit, "If at the relevant date such
notification was not so required, hazardous" and insert
"Hazardous";
(e) in subsection (7)(a)-
(i) for sub-paragraphs (ii) and (iii) substitute-
" (ii) on, over or under other land which is 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),"
(ii) at the end of the subsection, add-
" and in calculating whether the
established quantity is exceeded, a quantity of a substance which
falls within more than one sub-paragraph of this paragraph shall
only be counted once;";
(f) for subsection (8) substitute-
" (8) In this section-
"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 relevant date" means the date on which the Planning (Control
of Major-Accident Hazards) Regulations 1999 came into force;
"the transitional period" means the period of 6 months beginning
with the relevant date.".
(3) In section 26[11]-
Amendment of the Town and Country Planning (Development Plan)
Regulations 1991
5.
- (1) The Town and Country Planning (Development Plan)
Regulations 1991[12]
shall be amended as follows.
(2) In
regulation 2 (interpretation)-
(a) in paragraph (1), after the definition of "by local
advertisement" insert-
" "the Directive" means Council Directive 96/82/EC on the control
of major-accident hazards involving dangerous substances;";
(b) after paragraph (3) add-
" (4) the expressions used in regulation
9(1)(e) and (f) have the same meaning as in the Directive.".
(3) In regulation 9(1) (regard to be had to
certain matters and statement of regard)-
(a) at the end of paragraph (c) delete "and";
(b) after
paragraph (d)[13]
add-
" and;
(e) the objectives of
preventing major accidents and limiting the consequences of such
accidents; and
(f) 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) Order 1995
6.
- (1) The Order shall be amended as
follows.
(2) In article 10 (consultations
before the grant of permission)-
(a) after paragraph (1)(iii) add-
" (1A) The exception in article 10(1)(iii)
shall not apply where, in the opinion of the local planning authority,
development falls within paragraph (zb) of the table below.".
(b) after paragraph (za)[14]
of the table add-
" (zb) Development-
(i) involving the siting of new establishments;
or
(ii) consisting of modifications to existing
establishments which could have significant repercussions on
major-accident hazards; or
(iii) including 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.
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The Health and Safety Executive and the Environment Agency,
and, where it appears to the local planning authority that an area
of particular natural sensitivity or interest may be affected, in
England, the Nature Conservancy Council for England, or in Wales,
the Countryside Council for Wales.". |
(3) In Article 10(2) of the Order-
(a) at the end of paragraph (k), delete "and";
(b) after
paragraph (l)[15]
add-
" ; and
(m) the expressions used
in paragraph (zb), have the same meaning as in Council Directive
96/82/EC on the control of major accident hazards involving dangerous
substances.".
Signed by authority of the Secretary of State for the
Environment, Transport and the Regions
Richard
Caborn
Minister of State, Department of the Environment, Transport
and the Regions
23rd March 1999
Signed by authority
of the Secretary of State for Wales
Jon Owen
Jones
Parliamentary Under-Secretary of State, Welsh
Office
24th March 1999
SCHEDULE 1Regulation
3(7)
" SCHEDULE 1Regulation
3
HAZARDOUS SUBSTANCES AND CONTROLLED
QUANTITIES
PART A
NAMED SUBSTANCES
| Column 1 |
Column 2 |
Column 3 |
| Hazardous substances |
Controlled quantity (Q) in tonnes |
Quantity for purposes of note 4 to the notes to Parts A
and B (Q*) |
1. Ammonium nitrate to which
Note 1 of the notes to Part A applies
|
350.00 |
- |
2. Ammonium nitrate to which
Note 2 of the notes to Part A applies
|
1000.00 |
1250.00 |
3. Arsenic pentoxide, arsenic
(V) acid and/or salts
|
1.00 |
- |
4. Arsenic trioxide, arsenious
(III) acid and/or salts
|
0.10 |
- |
5. Bromine
|
20.00 |
- |
6. Chlorine
|
10.00 |
- |
7. Nickel compounds in
inhalable powder form (nickel monoxide, nickel dioxide, nickel
sulphide, trinickel disulphide, dinickel trioxide)
|
1.00 |
- |
8. Ethyleneimine
|
10.00 |
- |
9. Fluorine
|
10.00 |
- |
10. Formaldehyde
(concentration ≥ 90%)
|
5.00 |
- |
11. Hydrogen
|
2.00 |
5.00 |
12. Hydrogen chloride
(liquefied gas)
|
25.00 |
- |
13. Lead alkyls
|
5.00 |
- |
14. Liquefied petroleum gas,
including commercial propane and commercial butane, and any
mixture thereof, when held at a pressure greater than 1.4 bar
absolute
|
25.00 |
50.00 |
15. Liquefied extremely
flammable gases excluding pressurised LPG (entry no.
14)
|
50.00 |
- |
16. Natural gas
|
15.00 |
50.00 |
17. Acetylene
|
5.00 |
- |
18. Ethylene oxide
|
5.00 |
- |
19. Propylene oxide
|
5.00 |
- |
20. Methanol
|
500.00 |
- |
21. 4, 4-Methylenebis
(2-chloraniline) and/or salts, in powder form
|
0.01 |
- |
22.
Methylisocyanate
|
0.15 |
- |
23. Oxygen
|
200.00 |
- |
24. Toluene
diisocyanate
|
10.00 |
- |
25. Carbonyl dichloride
(phosgene)
|
0.30 |
- |
26. Arsenic trihydride
(arsine)
|
0.20 |
- |
27. Phosphorus trihydride
(phosphine)
|
0.20 |
- |
28. Sulphur
dichloride
|
1.00 |
- |
29. Sulphur trioxide
(including sulphur trioxide dissolved in sulphuric acid to form
Oleum)
|
15.00 |
- |
30. Polychlorodibenzofurans
and polychlorodibenzodioxins (including TCDD), calculated in TCDD
equivalent (see Note 3 to the notes to Part A)
|
0.001 |
- |
31. The following
carcinogens:- 4-Aminobiphenyl and/or its salts; Benzidine and/or
salts; Bis(chloromethyl)ether; Chloromethyl methyl ether;
Dimethylcarbamoyl chloride; Dimethylnitrosomine;
Hexamethylphosphoric triamide; 2-Naphthylamine and/or salts;
1,3-Propanesultone; 4-Nitrodiphenyl
|
0.001 |
- |
32. Automotive petrol and
other petroleum spirits
|
5000.00 |
- |
33. Acrylonitrile
|
20.00 |
50.00 |
34. Carbon
disulphide
|
20.00 |
50.00 |
35. Hydrogen
selenide
|
1.00 |
50.00 |
36. Nickel
tetracarbonyl
|
1.00 |
5.00 |
37. Oxygen
difluoride
|
1.00 |
5.00 |
38. Pentaborane
|
1.00 |
5.00 |
39. Selenium
hexafluoride
|
1.00 |
50.00 |
40. Stibine (Antimony
hydride)
|
1.00 |
5.00 |
41. Sulphur dioxide
|
20.00 |
50.00 |
42. Tellurium
hexafluoride
|
1.00 |
5.00 |
43. 2,2-Bis(tert-butylperoxy)
butane (>70%)
|
5.00 |
50.00 |
44. 1,1-Bis(tert-butylperoxy)
cyclohexane (>80%)
|
5.00 |
50.00 |
45. tert-Butyl peroxyacetate
(>70%)
|
5.00 |
50.00 |
46. tert-Butyl
peroxyisobutyrate (>80%)
|
5.00 |
50.00 |
47. tert-Butyl
peroxyisopropylcarbonate (>80%)
|
5.00 |
50.00 |
48. tert-Butyl peroxymaleate
(>80%)
|
5.00 |
50.00 |
49. tert-Butyl peroxypivalate
(>77%)
|
5.00 |
50.00 |
50. Cellulose Nitrate other
than-
(1) cellulose nitrate to
which the Explosives Act 1875[16]
applies; or
(2) cellulose nitrate
where the nitrogen content of the cellulose nitrate does not
exceed 12.3% by weight and contains not more than 55 parts of
cellulose nitrate per 100 parts by weight of solution
|
50.00 |
- |
51. Dibenzyl peroxydicarbonate
(>90%)
|
5.00 |
50.00 |
52. Diethyl peroxydicarbonate
(>30%)
|
5.00 |
50.00 |
53. 2,2-Dihydroperoxypropane
(>30%)
|
5.00 |
50.00 |
54. Di-isobutyryl peroxide
(>50%)
|
5.00 |
50.00 |
55. Di-n-propyl
peroxydicarbonate (>80%)
|
5.00 |
50.00 |
56. Di-sec-butyl
peroxydicarbonate (>80%)
|
5.00 |
50.00 |
57.
3,3,6,6,9,9-Hexamethyl-1,2,4,5-tetroxacyclononane
(>75%)
|
5.00 |
50.00 |
58. Methyl ethyl ketone
peroxide (>60%)
|
5.00 |
50.00 |
59. Methyl isobutyl ketone
peroxide (>60%)
|
5.00 |
50.00 |
60. Peracetic acid
(>60%)
|
5.00 |
50.00 |
61. Sodium chlorate
|
25.00 |
50.00 |
62. Gas or any mixture of
gases (not covered by entry 16) which is flammable in air, when
held as a gas
|
15.00 |
- |
63. A substance or any mixture
of substances which is flammable in air when held above its
boiling point (measured at 1 bar absolute) as a liquid or as a
mixture of liquid and gas at a pressure of more than 1.4 bar
absolute (see Note 4 to the Notes to Part A)
|
25.00 |
- |
NOTES TO PART
A
1. Ammonium
Nitrate
This applies to ammonium nitrate and ammonium nitrate
compounds in which the nitrogen content as a result of the ammonium
nitrate is more than 28 per cent. by weight (compounds other than those
referred to in Note 2) and to aqueous ammonium nitrate solutions in
which the concentration of ammonium nitrate is more than 90 per cent. by
weight.
2. Ammonium
Nitrate
This applies to simple ammonium nitrate based fertilisers
which conform with the requirements of the Fertilisers Regulations
1991[17]
and to composite fertilisers in which the nitrogen content as a result
of the ammonium nitrate is more than 28 per cent. in weight (a composite
fertiliser contains ammonium nitrate with phosphate or potash, or
phosphate and potash).
3.
Polychlorodibenzofurans and polychlorodibenzodioxins
The
quantities of polychlorodibenzofurans and polychlorodibenzodioxins are
calculated using the following factors:
Notes:
[1] S.I. 1998/1750.back
[2] 1972 c. 68.back
[3] 1990 c. 10; sections 7(1) and 11 were amended by
the Environmental Protection Act 1990 (c. 43), sections 144, 162(2) and
Schedule 13, Part I and Schedule 16, Part VII, paragraphs 1, 3 and 4;
See section 39(2) and section 336(1) of the Town and Country
Planning Act 1990 (c. 8) for the definition of "prescribed"; there are
other amendments not relevant to these Regulations.back
[4] S.I. 1995/419; relevant amending instruments are
S.I. 1996/1817 and S.I. 1997/858.back
[5] S.I. 1992/656; relevant amendments are made by the
Environment Act 1995 (c. 25), Schedule 22, paragraph 233, S.I. 1994/2567
and S.I. 1996/252.back
[6] O.J. L10, 14.1.1997, p. 13.back
[7] 1985 c. 22.back
[8] S.I. 1987/37; amendments to regulation 2 are made
by S.I. 1990/2605, S.I. 1992/743 and S.I. 1996/2092.back
[9] 1965 c. 57; section 1 was amended by S.I. 1974/2056
and S.I. 1990/1918.back
[10] 1986 c. 44; section 7(1) was substituted by the
Gas Act 1995 (c. 45), section 5.back
[11] Section 26 was amended by the Planning and
Compensation Act 1991 (c. 34), section 25 and Schedule 3, Part I,
Paragraph 14.back
[12] S.I. 1991/2794, amended by S.I. 1997/531.back
[13] Paragraph (1)(d) was added by S.I. 1997/531.back
[14] Paragraphs (z) and (za) were added by S.I.
1996/1817 and S.I. 1997/858 respectively.back
[15] Paragraph (l) was added by S.I. 1996/1817.back
[16] 37 & 38 Vict. c. 17.back
[17] S.I. 1991/2197, as amended by S.I. 1995/16.back
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