The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015

Made: 28th April 2015

Laid before the Scottish Parliament: 30th April 2015

Coming into force: 1st June 2015

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 , sections 252(1) and 267(1) of the Town and Country Planning (Scotland) Act 1997 and sections 2(4) and (5), 3, 5, 6(1), 15(2), 16(7), 19(2) and (3), 22(4)(b), 23(1) and (3), 27(1), 30(1) and 39(1) of the Planning (Hazardous Substances) (Scotland) Act 1997) and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for references in these Regulations to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures to be construed as references to that instrument as amended from time to time.

PART 1 — General

Citation and commencement

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These Regulations may be cited as the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 and come into force on 1st June 2015.

Interpretation

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• (1) In these Regulations, unless the context requires otherwise—

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

• “the 1997 Act” means the Town and Country Planning (Scotland) Act 1997;

• “the 2013 Regulations” means the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 ;

• “the 2015 Regulations” means the Control of Major Accident Hazards Regulations 2015;

• “appellant” in Part 5 means a person who gives notice of appeal under section 19 of the principal Act and in Part 7 a person who gives notice of appeal under regulation 43(2);

• “appointed person” means a person appointed under paragraph 1 of the Schedule to the principal Act or paragraph 1 of Schedule 4 to the 1997 Act (as applied by virtue of regulation 43), as the case may be, to determine an appeal instead of the Scottish Ministers;

• “the CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006;

• “commencement date” means 1st June 2015;

• “decision notice” means a notice issued under regulation 18;

• “the Directive” means Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC , as Directive 2012/18/EU had effect immediately before IP completion day;

• “Hazardous Substances Inquiry Session Rules” means the Town and Country Planning (Hazardous Substances Inquiry Session Procedure) (Scotland) Rules 2015 ;

• “hearing session” means a hearing held or to be held into matters specified in a procedure notice given under rule 1(1) of the Hearing Session Rules;

• “Hearing Session Rules” means the rules set out in Schedule 7;

• “inquiry session” means a local inquiry held or to be held under—section 265 of the 1997 Act as applied by section 36(1) of the principal Act; orparagraph 6 of the Schedule to the principal Act;

• “interested party” means in relation to an appeal under section 19 of the principal Act—any person consulted by the planning authority in accordance with regulation 14 and from whom the planning authority received representations (which were not subsequently withdrawn) in connection with the application to which the appeal relates; andany other person from whom the planning authority received representations (which were not subsequently withdrawn) in connection with the application to which the appeal relates;

• “notice of appeal” in Part 5 means a notice of appeal given under regulation 24(1) and in Part 7 a notice of appeal given under regulation 43(2);

• “the principal Act” means the Planning (Hazardous Substances) (Scotland) Act 1997;

• “procedure notice” means a notice given (whether separately or in combination) under regulation 32(1), rule 1(1) of the Hearing Session Rules or rule 4(1) of the Hazardous Substances Inquiry Session Rules;

• “relevant consent” means—the consent, in the case of a hazardous substances consent granted on an application for such consent;the relevant claim, in the case of a consent deemed to be granted under section 9 or 10A of the principal Act (deemed hazardous substances consent: established presence); andthe relevant direction, in the case of a consent deemed to be granted, or having effect as if deemed to be granted, by virtue of section 10 of the principal Act (deemed hazardous substances consent: government authorisation) ,and includes any continuation of a consent referred to in paragraphs (a) to (c) which is granted or deemed to be granted under section 16 of the principal Act (determination of applications for continuation of hazardous substances consent);

• “safety regulator” has the same meaning as in section 38(1) of the principal Act ; and

• “validation date” is the date on which an application under regulation 6, 7 or 8 as the case may be, is taken to have been made in terms of regulation 11.

• (2) References in these Regulations to the CLP Regulation are references to that Regulation as it had effect immediately before IP completion day.

• (3) Schedule 1 (hazardous substances and controlled quantities) is to be construed in accordance with the notes to that Schedule.

• (4) Any requirement that a form is to be as set out in a specified Schedule is to be construed as meaning a form as so specified or a form substantially to the like effect.

PART 2 — Hazardous substances, controlled quantities and exemptions

Hazardous substances and controlled quantities

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• (1) For the purposes of the principal Act a hazardous substance is any substance or mixture, present as a raw material, product, by-product, residue or intermediate—

• (a) falling within a category in column 1 of Part 1 of Schedule 1;

• (b) specified in column 1 of Part 2 of that Schedule; or

• (c) meeting the description in column 1 of Part 3 of that Schedule.

• (2) For the purposes of the principal Act, the quantity specified in column 2 of Schedule 1 is the controlled quantity of the corresponding hazardous substance or category of hazardous substance, as the case may be, in column 1 of that Schedule.

Exemptions

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Schedule 2 has effect.

PART 3 — Applications

Notice to owner by applicants

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• (1) Before submitting an application under regulation 6, 7 or 8 an applicant must give notice in the form set out in Schedule 3 to any person (other than the applicant) who at the beginning of the period of 21 days ending on the date of submission of the application (“the relevant period”) is the owner of any land to which the application relates.

• (2) The applicant must complete a certificate certifying, as the case may be—

• (a) that at the beginning of the relevant period no person (other than the applicant) was the owner of any of the land to which the application relates;

• (b) that the applicant has given notice to every person (other than the applicant) who at the beginning of the relevant period was the owner of any land to which the application relates; or

• (c) that—

• (i) the applicant has given notice to every person (other than the applicant) whose name and address was known to the applicant who was at the beginning of the relevant period the owner of any land to which the application relates; and

• (ii) the applicant is unable to give notice to every owner.

• (3) A certificate completed under—

• (a) paragraph (2)(b) or (c) must set out the name of every person to whom notice was given and the address at and date on which notice was given; and

• (b) paragraph (2)(c) must also certify that the applicant has taken reasonable steps (specifying them) to ascertain the names and addresses of those owners to whom the applicant has been unable to give notice.

Applications for hazardous substances consent

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• (1) Subject to regulation 7, an application to a planning authority for hazardous substances consent is to be made in accordance with this regulation.

• (2) The application must contain—

• (a) the name and address of the applicant;

• (b) the name and address of any agent acting on behalf of the applicant and whether any notice or other correspondence which is required by these Regulations to be sent to the applicant should be sent to the agent instead of the applicant;

• (c) the postal address of the land to which the application relates or, if the land in question has no postal address, a description of the location of the land;

• (d) details of—

• (i) the person in control of the land to which the application relates;

• (ii) each hazardous substance for which consent is sought (“relevant substance”), including the maximum quantity of each relevant substance to be present on, over or under the land to which the application relates;

• (iii) the main activities carried out or proposed to be carried out on, over or under the land to which the application relates;

• (iv) how and where each relevant substance is to be kept and used;

• (v) how each relevant substance is proposed to be transported to and from the land to which the application relates;

• (vi) the vicinity of the land to which the application relates, where such details are relevant to the risks or consequences of a major accident;

• (vii) the measures taken or proposed to be taken to limit the consequences of a major accident; and

• (e) where applicable, a statement that the proposal is a project, or part of a project, that is subject to a national or transboundary environmental impact assessment or to a requirement to provide information by virtue of regulation 20 of the 2015 Regulations.

• (3) The application must be accompanied by—

• (a) a site map;

• (b) a substance location plan;

• (c) the certificate completed in accordance with regulation 5(2) (notice to owner by applicant); and

• (d) the fee payable under regulation 55.

• (4) The site map required by paragraph (3)(a) is a map reproduced from, or based upon, an Ordnance Survey map with a scale of not less than 1 to 10,000, which identifies the land to which the application relates and shows National Grid lines and reference numbers.

• (5) The substance location plan required by paragraph (3)(b) is a plan of the land to which the application relates, drawn to a scale of not less than 1 to 2,500, which identifies—

• (a) any area of the land intended to be used for the storage of a relevant substance;

• (b) where a relevant substance is to be used in a manufacturing, treatment or other industrial process, the location of the major items of plant involved in that process in which the relevant substance will be present; and

• (c) access points to and from the land.

Applications for removal of conditions

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• (1) An application to a planning authority for hazardous substances consent under section 11 of the principal Act (applications for removal of conditions attached to a hazardous substances consent) is to be made in accordance with this regulation.

• (2) The application must contain—

• (a) the name and address of the applicant;

• (b) the name and address of any agent acting on behalf of the applicant and whether any notice or other correspondence which is required by these Regulations to be sent to the applicant should be sent to the agent instead of the applicant;

• (c) the postal address of the land to which the application relates or, if the land in question has no postal address, a description of the location of the land;

• (d) a description of each condition previously imposed on the relevant consent which—

• (i) should no longer be imposed on the consent; or

• (ii) should be imposed in a modified form;

• (e) for any condition to which paragraph (d)(i) applies, the reasons why it should no longer be imposed;

• (f) for any condition to which paragraph (d)(ii) applies—

• (i) a description of the proposed modification; and

• (ii) the reasons why the condition should be imposed in a modified form; and

• (g) information about any relevant changes in circumstances since the relevant consent was granted.

• (3) The application must be accompanied by—

• (a) a copy of the relevant consent;

• (b) where any condition which is the subject of the application restricts the location of a hazardous substance, a change of location plan;

• (c) the certificate completed in accordance with regulation 5(2) (notice to owner by applicant); and

• (d) the fee payable under regulation 55.

• (4) For the purposes of paragraph (3)(b) a change of location plan is a plan of the land to which the application relates, drawn to a scale of not less than 1 to 2,500, which identifies—

• (a) the location of each hazardous substance to which the application relates, at the date of the application; and

• (b) the proposed location of the hazardous substance.

Applications for continuation of hazardous substances consent where there has been a change in the person in control of part of the land

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• (1) An application to a planning authority under section 15(1) of the principal Act (continuation of a hazardous substances consent where there has been a change in the person in control of part of the land to which the consent relates) is to be made in accordance with this regulation.

• (2) The application must contain—

• (a) the name and address of the applicant;

• (b) the name and address of any agent acting on behalf of the applicant and whether any notice or other correspondence which is required by these Regulations to be sent to the applicant should be sent to the agent instead of the applicant;

• (c) the postal address of the land to which the relevant consent relates or, if the land in question has no postal address, a description of the location of the land;

• (d) a description of the use of each area of the land identified in the accompanying change of control plan;

• (e) a description of any relevant changes in circumstances since the relevant consent was granted; and

• (f) the date on which the change in the person in control of part of the land to which the relevant consent relates is to take place, where known.

• (3) The application must be accompanied by—

• (a) a copy of the relevant consent;

• (b) a change of control plan;

• (c) the certificate completed in accordance with regulation 5(2) (notice to owner by applicant); and

• (d) the fee payable under regulation 55.

• (4) The change of control plan referred to in paragraph (3)(b) is a plan of the land to which the relevant consent relates, drawn to a scale of not less than 1 to 2,500, which identifies each area of the land which is to be under separate control after the proposed change in the person in control.

Neighbour notification by planning authorities

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• (1) Where an application under regulation 6, 7 or 8, as the case may be, has been made the planning authority must give notice in accordance with this regulation.

• (2) Notice is to be given where there are premises situated on the neighbouring land to which the notice can be sent to the owner, lessee or occupier of such premises, by sending a notice addressed to “the Owner, Lessee or Occupier” to such premises.

• (3) The notice must—

• (a) state the date on which the notice is sent;

• (b) state the name of the applicant and, where an agent is acting on behalf of the applicant, the name of that agent;

• (c) include the reference number given to the application by the planning authority;

• (d) include a description of the proposal to which the application relates;

• (e) include the postal address of the land to which the application relates, or if the land in question has no postal address, a description of the location of the land;

• (f) state where and when the application and any map or plan relating to it may be inspected;

• (g) state that representations (including comments or questions) may be made to the planning authority and contain details of how representations should be made and the date by which any representations must be made (being a date not earlier than 21 days after the date on which the notice is sent);

• (h) where applicable, state that the proposal is a project, or part of a project, that is subject to a national or transboundary environmental impact assessment or to a requirement to provide information by virtue of regulation 20 of the 2015 Regulations;

• (i) state that the application may be granted (either unconditionally or subject to conditions) or refused; and

• (j) be accompanied by a plan showing the situation of the land to which the application relates in relation to neighbouring land.

• (4) In this regulation, “neighbouring land” means—