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

PART 3 — Substances used in processes

Column 1 Hazardous Substances	Column 2 Controlled quantity
Where it is reasonable to foresee that a substance falling within Part 1 or Part 2 (“HS”) may be generated during loss of control of the processes, including storage activities in any installation within an establishment, any substance which is used in that process (“S”).	The amount of S which it is believed may generate (on its own or in combination with other substances used in the relevant process) an amount equal to or exceeding the controlled quantity of the HS in question.
NOTES TO PART 3	NOTES TO PART 3
1. Expressions used in this Part and in the Directive have the same meaning as in the Directive.	1. Expressions used in this Part and in the Directive have the same meaning as in the Directive.
2. The controlled quantity referred to in column 2 relates to each establishment.	2. The controlled quantity referred to in column 2 relates to each establishment.
3. Where S also falls within Part 1 or 2, the classification with the lowest controlled quantity applies. Where S also falls within Part 1 and Part 2, the controlled quantity which is lowest when the controlled quantities under Part 2 and Part 3 are compared applies.	3. Where S also falls within Part 1 or 2, the classification with the lowest controlled quantity applies. Where S also falls within Part 1 and Part 2, the controlled quantity which is lowest when the controlled quantities under Part 2 and Part 3 are compared applies.

SCHEDULE 2 — Exemptions

Military establishments

1

Hazardous substances consent is not required for the presence of a hazardous substance on, over or under land at military establishments, installations or storage facilities.

Nuclear sites

2

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 .

Intermediate presence related to the transport of hazardous substances

3

Hazardous substances consent is not required for the intermediate temporary presence of a hazardous substance on, over or under land where that presence is directly related to the transport of hazardous substances by road, rail, internal waterways, sea or air, outside establishments covered by these Regulations, including loading and unloading and transport to and from another means of transport at docks, wharves or marshalling yards.

Pipelines

4

Hazardous substances consent is not required for the presence of a hazardous substance where it is being transported in a pipeline, including a pumping station, outside establishments.

Minerals

5

Hazardous substances consent is not required for the presence of a hazardous substance in the exploitation, namely the exploration, extraction and processing, of minerals in mines and quarries, including by means of boreholes.

6

Paragraph 5 does not apply to a hazardous substance present in connection with the matters referred to in paragraph 8(b) to (d).

Land-fill sites

7

Hazardous substances consent is not required for the presence of a hazardous substance at a waste land-fill site, including underground waste storage.

8

Paragraph 7 does not apply to a hazardous substance present in—

• (a) a site used for the storage of metallic mercury pursuant to Article 3(1)(b) of Regulation (EC) No 1102/2008 of the European Parliament and of the Council on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury ;

• (b) onshore underground gas storage in natural strata, aquifers, salt cavities and disused mines;

• (c) chemical and thermal processing operations and storage related to the those operations; or

• (d) operational tailings disposal facilities, including tailing ponds or dams.

Emergency unloading from ships

9

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 it was unloaded, and a substance is to 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 (directions by Scottish Ministers to harbour master) applied; or

• (b) it was unloaded from a craft after having been brought into a harbour area, within the meaning of regulation 2(1) of the Dangerous Goods in Harbour Areas Regulations 2016 without requiring notification under regulation 6(1) of those regulations by virtue of an exemption under regulation 6(6).

Explosives

10

Hazardous substances consent is not required for the presence of an explosive within the meaning of regulation 2(1) of the Explosives Regulations 2014 in relation to which—

• (a) a licence is required and has been granted under those Regulations by the Health and Safety Executive where it is the licensing authority by virtue of—

• (i) paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or

• (ii) paragraph 1(d) of Schedule 1 to those Regulations; or

• (b) a licence is required and has been granted under those Regulations by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations.

11

Hazardous substance consent is not required where an explosives licence within the meaning of regulation 2(1) of the Dangerous Goods in Harbour Areas Regulations 2016 has been issued.

Presence of established substances

12

Hazardous substances consent is not required for the presence of a hazardous substance on, over or under land (“the relevant substance”) if—

• (a) the relevant substance was present on, over or under the land at any time during the establishment period;

• (b) hazardous substances consent was not required for the presence of the relevant substance at the time it was present during the establishment period; and

• (c) hazardous substances consent would have been required for the presence of the relevant substance had these Regulations been in force at that time.

13

Paragraph 12 does not apply where the quantity of the relevant substance exceeds the maximum quantity of the relevant substance which was present on, over or under the land at any time during the establishment period.

Presence of exempted substances

14

The presence of a substance for which an exemption is provided under paragraphs 1 to 13 is not to be taken into account when calculating the quantity of a hazardous substance present on, over or under land for any purpose of the principal Act or these Regulations.

Presence of small quantities of substances

15

The presence of a quantity of a hazardous substance is not to be taken into account when calculating the quantity of a hazardous substance present on, over or under land for any purpose of the principal Act or these Regulations if it is present—

• (a) in a location where it cannot act as an initiator of a major accident elsewhere on the relevant site; and

• (b) in a quantity which is equal to or less than 2% of the relevant controlled quantity for that substance.

Minor changes to types and quantities of substances

16

Where the conditions in paragraph 17 are met, hazardous substances consent is not required for a relevant minor change.

17

The conditions are that—

• (a) before the relevant minor change occurs the planning authority receives from, in relation to a nuclear site, the Office for Nuclear Regulation and the Scottish Environment Protection Agency and, in any other case, the Health and Safety Executive and the Scottish Environment Protection Agency, notice in writing (a copy of which has been sent to the person in control of the land to which the hazardous substances consent in question relates) with—

• (i) details of the relevant minor change, including details of how hazardous substances are to be kept and used in consequence of that change;

• (ii) confirmation that the relevant minor change will not result in a safety hazard change; and

• (iii) confirmation that the relevant minor change will not result in a lower-tier establishment becoming an upper-tier establishment or vice versa; and

• (b) any hazardous substance that is held without hazardous substances consent in reliance on this exemption is kept and used in accordance with the details referred to in sub-paragraph (a)(i).

Interpretation

18

In this Schedule—

• “establishment period” means the period of 12 months ending on 31st May 2015;

• “relevant minor change” means a change to the quantity or type of hazardous substances present in, on or under land in relation to which there is a hazardous substances consent, where hazardous substances consent would be required for that change but for paragraph 16;

• “safety hazard change” means a change to an area notified to a planning authority by the Health and Safety Executive or the Office for Nuclear Regulation for the purposes of paragraphs 3 or 3A of Schedule 5 to the 2013 Regulations where that change results in—that area encompassing an area which it did not previously encompass; orwhere the notification of that area included the identification of zones within that area corresponding to levels of risk, the expansion of any such zone.

19

Expressions appearing in this Schedule and in the Directive have the same meaning for the purposes of this Schedule as they have for the purposes of the Directive.

SCHEDULE 3 — Notice to owner by applicant

SCHEDULE 4 — Notice for publication in newspaper

SCHEDULE 5 — Notice to be attached to decision notice given under regulation 18

SCHEDULE 6 — Notice to be attached to notice of decision on an application for approval, consent or agreement required by a condition imposed on a grant of hazardous substances consent

SCHEDULE 7 — Hearing Session Rules

Notice of hearing session and specified matters

1

• (1) Where the appointed person has determined that a hearing session should be held the appointed person is to give written notice to that effect to—

• (a) the appellant;

• (b) the planning authority;

• (c) any interested party who made representations in relation to specified matters; and

• (d) any person who the appointed person wishes to make further representations or to provide further information on specified matters at the hearing session.

• (2) The notice given under paragraph (1) is to specify the matters to be considered at the hearing session.

• (3) Only specified matters are to be considered at the hearing session.

• (4) A person given notice under paragraph (1) and who intends to appear at the hearing session must within 14 days of the date of such notice inform the appointed person in writing of that intention.

Appearances at hearing session

2

The persons entitled to appear at a hearing session are—

• (a) the appellant;

• (b) the planning authority; and

any other person who, in response to a procedure notice, has informed the appointed person of their intention to appear at the hearing session in accordance with rule 1(4).

Date and notification of hearing session

3

• (1) The date, time and place at which the hearing session is to be held is to be determined (and may subsequently be varied) by the appointed person.

• (2) The appointed person is to give to those persons entitled to appear at the hearing session such notice of the date, time and place fixed for the holding of a hearing session (and any subsequent variation thereof) as may appear to the appointed person to be reasonable in the circumstances.

Service of hearing statements and documents

4

• (1) Where required to do so by notice given by the appointed person, a person entitled to appear at the hearing session must, by such date as is specified in the notice, send to—

• (a) the appointed person—

• (i) a hearing statement; and

• (ii) where that person intends to refer to or rely on any documents when presenting their case a copy of every document (or the relevant part of a document) on the list of such documents comprised in that hearing statement; and

• (b) the appellant and the planning authority and to such other persons entitled to appear at the hearing session as the appointed person may specify in such notice—

• (i) a hearing statement; and

• (ii) where that person intends to refer to or rely on any documents when presenting their case a copy of every document (or the relevant part of a document) on the list comprised in that hearing statement which is not already available for inspection under regulation 27 (publication of appeal documents), 35(2) (further copies of documents etc.) or 44(4) (intimation of appeal to planning authority and planning authority's response) or paragraph (2) of this rule.

• (2) The planning authority are, until such time as the appeal is determined, to afford to any person who so requests a reasonable opportunity to inspect any hearing statement or other document (or any part thereof) which, or a copy of which, has been sent to them in accordance with this rule.

• (3) Any person who has served a hearing statement in accordance with this rule must—

• (a) when required by notice in writing from the appointed person provide such further information about the matters contained in the statement as the appointed person may specify; and

• (b) at the same time send a copy of such further information to any other person on whom the hearing statement has been served.

• (4) Different dates and different persons may be specified for the purposes of paragraph (1).

• (5) In this rule, “hearing statement” means, and is comprised of—

• (a) a written statement which fully sets out the case relating to the specified matters which a person proposes to put forward to a hearing session;

• (b) a list of documents (if any) which the person putting forward such case intends to refer to or rely on; and

• (c) a list of any other persons who are to speak at the hearing session in respect of such case, any matters which such persons are particularly to address and any relevant qualifications of such persons to do so.

Procedure at hearing

5

• (1) Except as otherwise provided in these Hearing Session Rules, the procedure at a hearing session is to be as the appointed person determines.

• (2) The appointed person is, having considered any submission by the persons entitled to appear at the hearing session, to state at the commencement of the hearing session the procedure the appointed person proposes to adopt.

• (3) Any person entitled to appear may do so on that person's own behalf or be represented by another person.

• (4) Where there are 2 or more persons having a similar interest in the issues being considered at the hearing session, the appointed person may allow one or more persons to appear on behalf of some or all of any persons so interested.

• (5) A hearing is to take the form of a discussion led by the appointed person and cross‑examination is not permitted.

• (6) The appointed person may proceed with a hearing session in the absence of any person entitled to appear at the hearing session.

• (7) The appointed person may from time to time adjourn the hearing session and, if the date, time and place of the adjourned hearing session are announced before the adjournment, no further notice is required otherwise rule 3 applies as it applies to the variation of the date, time or place at which a hearing session is to be held.

SCHEDULE 8 — Consequential amendments

Amendment of the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007

1

• (1) The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007 is amended in accordance with this paragraph.

• (2) In rule 8(7) (documents accompanying application), for sub-paragraphs (a) and (b) substitute—

(a) an application for hazardous substances consent under regulation 6(1), 7(1) or 8(1), as the case may, of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015; and (b) the information and documentation specified in regulations 6(3)(a) and (b), 7(3)(a) and (b) (if required) or 8(3)(a) and (b), as the case may be, of those Regulations.

• (3) In Schedule 3 (those to be served with a copy of the application and documents)—

• (a) in entry 22, for the text in in column 2 substitute—

22.the relevant planning authority;
the Scottish Environment Protection Agency;
where the operation is to take place on a nuclear site (within the meaning of section 112(1) of the Energy Act 2013 ) (“a nuclear site”), the Office for Nuclear Regulation and, in any other case, the Health and Safety Executive;
where the operation is to take place on land in the area of the Cairngorms National Park Authority, that Authority;
the Scottish Fire and Rescue Service.

• (b) after entry 22 insert—

22A. A relevant project as defined in regulation 23(5) of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015.	22A. the Scottish Environment Protection Agency;
22A. A relevant project as defined in regulation 23(5) of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015.	where the relevant project is to take place on a nuclear site, the Office for Nuclear Regulation and, in any other case, the Health and Safety Executive;
22A. A relevant project as defined in regulation 23(5) of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015.	Scottish Natural Heritage.

• (4) In Schedule 5 (proposals for orders by virtue of section 6), in paragraph 16(l), for “Form 1” to the end substitute—

an application referred to in regulation 6, 7 or 8 of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015, as the case may require, duly completed by or on behalf of the Scottish Ministers, together with a copy of the documents referred to in regulation 6(3)(a) and (b), 7(3)(a) and (b) (if required) or 8(3)(a) and (b) of those Regulations, as the case may require.

Amendment of the Town and Country Planning (Development Planning) (Scotland) Regulations 2008

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the 2013 Regulations

3

• (1) The 2013 Regulations are amended in accordance with this paragraph.

• (2) In regulation 20—

• (a) in paragraph (1), for “(5)” substitute “ (6) and regulation 20A ”;

• (b) after paragraph (2)(d) insert—

(e) the application is made under regulation 9, 10 or 11 and relates to development falling within paragraphs 3, 3A or 4 of Schedule 5.

• (c) after paragraph (5) insert—

(6) Where any of paragraph (2)(a) to (d) apply the planning authority need not publish a notice if they must publish a notice by virtue of paragraph (2)(e). (7) Where paragraph (2)(e) applies paragraph (4) does not apply.

• (3) After regulation 20 insert—

(20A) (1) A notice published by virtue of regulation 20(1) and (2)(e) must be published with the following modifications— (a) for “Written comments may be made to” substitute “ Written comments or questions may be submitted to ”; (b) after “[Note 7]” insert— [Note 8] An application may be granted (either unconditionally or subject to conditions) or refused. (c) after Note 7 insert— Note 8 – If the proposal is a project, or part of a project, that is subject to a national or transboundary environmental impact assessment or to consultations between Member States in accordance with Article 14(3) of 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 (OJ L 197, 24.7.2012, p.1), state that fact.

• (4) For paragraph 4 of Schedule 5 (consultation by the planning authority) substitute—

(4) Scottish Natural Heritage, the Health and Safety Executive and SEPA where the development— (a) involves the siting of new establishments; (b) consists of modifications to establishments covered by Article 11 of 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 (OJ L 197, 24.7.2012, p.1); or (c) includes transport routes, locations of public use and residential areas in the vicinity of an establishment, where the siting or development may be the source of or increase the risk or consequences of a major accident, and, in relation to development falling within paragraph (c), any person who is, according to the register held by the planning authority under regulation 41 of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015, the person who is in control of the land on which the establishment is located.

SCHEDULE 9 — Revocations

Instrument	Citation	Extent of revocation
The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014	S.I. 2014/469	Schedule 3, paragraphs 183 to 186
The Town and Country Planning (Hazardous Substances) (Scotland) Amendment Regulations 2014	S.S.I. 2014/51	The whole instrument
The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013	S.S.I. 2013/119	Schedule 2, paragraph 11
The Town and Country Planning (Hazardous Substances) (Scotland) Amendment Regulations 2010	S.S.I. 2010/171	The whole instrument
The Planning (Control of Major-Accident Hazards) (Scotland) Regulations 2009	S.S.I. 2009/378	Regulations 1(2) and 3 to 5
The Town and Country Planning (Application of Subordinate Legislation to the Crown) (Scotland) Order 2006	S.S.I. 2006/270	Article 14
The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No. 2) Order 2005	S.S.I. 2005/344	Schedule 1, paragraph 14
The Cairngorm National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003	S.S.I. 2003/1	Article 7(13) and (14)
Planning (Control of Major-Accident Hazards) (Scotland) Regulations 2000	S.S.I. 2000/179	Regulation 4, Schedule 1 and forms 1, 2 and 12 in Schedule 2
The Gas Act 1995 (Consequential Modifications of Subordinate Legislation) Order 1996	S.I. 196/252	The entry for the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993
The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993	S.I. 1993/323	The whole instrument

Signed

MARCO BIAGI — Authorised to sign by the Scottish Ministers — 2015-04-28

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c.68. Section 2(2) was amended by paragraph 15(3) of Schedule 8 to the Scotland Act 1998 (c.46) (“the 1998 Act”) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”). Paragraph 1A of Schedule 2 was inserted by the section 28 of the 2006 Act and was amended by Part 1 of the Schedule to the 2008 Act. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

[^f00002]: 1997 c.8 (“the 1997 Act”). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Section 252 is applied by section 29(3) of the Planning (Hazardous Substances) (Scotland) Act 1997 (“the principal Act”). Section 267(1) was amended by section 19(5)(a) of the Planning etc. (Scotland) Act 2006 (asp 17) and is applied by section 36(1) of the principal Act.

[^f00003]: 1997 c.10. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Under section 38(2) of the principal Act “prescribed” has the same meaning as in section 277 of the 1997 Act. Section 27 was amended by S.S.I. 2006/269.

[^f00004]: OJ No L 353, 31.12.2008, p.1.

[^f00005]: S.I. 1993/323 as amended by S.I. 1994/2567, S.I. 1996/252, S.S.I. 2000/179, S.S.I. 2003/1, S.S.I. 2006/270, S.S.I. 2009/378, S.S.I. 2010/171, S.S.I. 2013/119, S.S.I. 2014/51 and S.I. 2014/469.

[^f00006]: S.S.I. 2013/155.

[^f00007]: OJ L 197, 24.7.2012, p.1.

[^f00008]: S.S.I. 2015/182

[^f00009]: Section 9 provides that hazardous substances consent deemed to be granted by a planning authority under section 38 of the Housing and Planning Act 1986 shall continue to have effect notwithstanding the repeal of that section and shall be deemed to be granted by the authority under said section 9, and the relevant claim is the claim submitted under said section 38. Section 10A was inserted by S.S.I. 2000/179.

[^f00010]: Section 10 was amended by paragraph 62 of Schedule 2 to the Planning Act 2008 (c.29) and S.S.I. 2007/569.

[^f00011]: The definition of “safety regulator” was inserted by S.I. 2014/469.

[^f00012]: Section 2(1) of the Planning (Hazardous Substances) (Scotland) Act 1997 provides that the presence of a hazardous substance on, over or under land requires the consent of the planning authority.

[^f00013]: 1973 c.65.

[^f00014]: 1986 c.44. Section 7 was substituted by section 5 of the Gas Act 1995 (c.45) and subsection (2) was amended by sections 3(2), 76(3) and 108 of, and paragraph 4 of Schedule 6 to, the Utilities Act 2000 (c.27) and S.I. 2011/2704.

[^f00015]: 1989 c.29. Section 6 was substituted by section 30 of the Utilities Act 2000, subsection (1)(b) was substituted by section 136(1) of the Energy Act 2004 (c.20) (“the 2004 Act”) and subsection (1)(c) was amended by section 197(9) of, and Part 1 of Schedule 23 to, the 2004 Act.

[^f00016]: 1990 c.10. Section 39(1) was relevantly amended by paragraph 2(7) of Schedule 13 to the Environmental Protection Act 1990 (c.43).

[^f00017]: S.S.I. 2002/201. The effect of Article 7 is that the functions exercisable by a planning authority under the Planning (Hazardous Substances) (Scotland) Act 1997, are, in relation to the Loch Lomond and The Trossachs National Park transferred to and exercisable by the Park Authority.

[^f00018]: 1990 c.43.

[^f00019]: Section 3A was inserted by section 1 of the Planning etc. (Scotland) Act 2006 (asp 17).

[^f00020]: Scottish Planning Policy is a statement of the policy of the Scottish Government on land use planning.

[^f00021]: 2005 asp 15.

[^f00022]: Paragraph 3 was amended by S.I. 2014/469 and paragraph 3A was inserted by that instrument.

[^f00023]: Section 242A was inserted by section 92(1) of the Planning and Compulsory Purchase Act 2004 (c.5) and amended by section 54(13) of the Planning etc. (Scotland) Act 2006 (asp 17).

[^f00024]: Section 43A was inserted by section 17 of the Planning etc. (Scotland) Act 2006 and amended by S.S.I. 2013/24 and S.S.I. 2013/26.

[^f00025]: Section 30(2)(b) was amended by section 54(3)(b) of the Planning etc. (Scotland) Act 2006 (“the 2006 Act”).

[^f00026]: 1980 c.65.

[^f00027]: Section 71 was amended by S.S.I. 2006/243 and section 22(3) of the 2006 Act.

[^f00028]: 1997 c.9.

[^f00029]: 2000 c.7. Section 15 was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c.21).

[^f00030]: Section 9 provides that hazardous substances consent deemed to be granted by a planning authority under section 38 of the Housing and Planning Act 1986 shall continue to have effect notwithstanding the repeal of that section and shall be deemed to be granted by the authority under said section 9, and the relevant claim is the claim submitted under said section 38. Section 10A was inserted by S.S.I. 2000/179.

[^f00031]: Section 30D was added by S.S.I. 2006/269.

[^f00032]: More guidance on waiving of the test can be found in the A.14 method description, see Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration Evaluation, Authorisation and Restriction of Chemicals (REACH) (O.J. L 142, 31.5.2008, p.1)

[^f00033]: O.J. L 147, 9.6.1975, p.40.

[^f00034]: 15.75% nitrogen content by weight as a result of ammonium nitrate corresponds to 45% ammonium nitrate.

[^f00035]: 24.5% nitrogen content by weight as a result of ammonium nitrate corresponds to 70% ammonium nitrate.

[^f00036]: O.J. L 304, 21.11.2003, p.1.

[^f00037]: 28% nitrogen content by weight as a result of ammonium nitrate corresponds to 80% ammonium nitrate.

[^f00038]: 1965 c.57. Section 1 was substituted by paragraph 17 of Schedule 12 to the Energy Act 2013 (c.32).

[^f00039]: OJ No L 304, 14.11.2008, p.75.

[^f00040]: 1985 c.22.

[^f00041]: S.I. 1987/37 , to which there are amendments not relevant to this instrument.

[^f00042]: S.I. 2014/1638.

[^f00043]: The definition of “explosives licence” was amended by S.I. 2014/469.

[^f00044]: S.S.I. 2007/570.

[^f00045]: 2013 c.32.

[^f00046]: S.S.I. 2008/426.

[^f00047]: OJ L 197, 24.7.2012, p.1.

[^f00048]: Sub-paragraph (b) was substituted by S.S.I. 2009/378.

[^f00049]: Sub-paragraph (b) was substituted by S.S.I. 2009/378.

[^f00050]: S.S.I. 2013/155.

Where a hazardous substance is covered by Part 1 of this Schedule and is also listed in Part 2, the qualifying quantities set out in column 2 of Part 2 apply.

This Part covers all hazardous substances falling under the hazard categories listed in column 1:

Column 1	Column 2
Hazard categories in accordance with the CLP Regulation	Controlled quantity in tonnes of hazardous substances
Section ‘H’ – HEALTH HAZARDS	Section ‘H’ – HEALTH HAZARDS
H1 ACUTE TOXIC Category 1, all exposure routes	5
H2 ACUTE TOXIC— Category 2, all exposure routes— Category 3, inhalation exposure route (see note 8)	50
H3 STOT SPECIFIC TARGET ORGAN TOXICITY – SINGLE EXPOSURE STOT SE Category 1	50
Section ‘P’ – PHYSICAL HAZARDS	Section ‘P’ – PHYSICAL HAZARDS
P1a EXPLOSIVES (see note 9)— Unstable explosives, or— Explosives, Division 1.1, 1.2, 1.3, 1.5 or 1.6, or— Substances or mixtures having explosive properties according to method A.14 of Council Regulation (EC) No 440/2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (see note 10) and do not belong to the hazard classes Organic peroxides or Self-reactive substances and mixtures	10
P1b EXPLOSIVES (see note 9)Explosives, Division 1.4 (see note 11)	50
P2 FLAMMABLE GASES Flammable gases, Category 1 or 2	10
P3a FLAMMABLE AEROSOLS (see note 12(1)) ‘Flammable’ aerosols Category 1 or 2, containing flammable gases Category 1 or 2 or flammable liquids Category 1	150 (net)
P3b FLAMMABLE AEROSOLS (see note 12(1)) ‘Flammable’ aerosols Category 1 or 2, not containing flammable gases Category 1 or 2 nor flammable liquids category 1 (see note 12(2))	5,000 (net)
P4 OXIDISING GASESOxidising gases, Category 1	50
P5a FLAMMABLE LIQUIDS— Flammable liquids, Category 1, or— Flammable liquids Category 2 or 3 maintained at a temperature above their boiling point, or— Other liquids with a flash point ≤ 60 °C, maintained at a temperature above their boiling point (see note 13)	10
P5b FLAMMABLE LIQUIDS— Flammable liquids Category 2 or 3 where particular processing conditions, such as high pressure or high temperature, may create major-accident hazards, or— Other liquids with a flash point ≤ 60 °C where particular processing conditions, such as high pressure or high temperature, may create major-accident hazards (see note 13)	50
P5c FLAMMABLE LIQUIDSFlammable liquids, Categories 2 or 3 not covered by P5a and P5b	5,000
P6a SELF-REACTIVE SUBSTANCES AND MIXTURES and ORGANIC PEROXIDESSelf-reactive substances and mixtures, Type A or B or organic peroxides, Type A or B	10
P6b SELF-REACTIVE SUBSTANCES AND MIXTURES and ORGANIC PEROXIDESSelf-reactive substances and mixtures, Type C, D, E or F or organic peroxides, Type C, D, E, or F	50
P7 PYROPHORIC LIQUIDS AND SOLIDSPyrophoric liquids, Category 1Pyrophoric solids, Category 1	50
P8 OXIDISING LIQUIDS AND SOLIDSOxidising Liquids, Category 1, 2 or 3, orOxidising Solids, Category 1, 2 or 3	50
Section ‘E’ – ENVIRONMENTAL HAZARDS	Section ‘E’ – ENVIRONMENTAL HAZARDS
E1 Hazardous to the Aquatic Environment in Category Acute 1 or Chronic 1	100
E2 Hazardous to the Aquatic Environment in Category Chronic 2	200
Section ‘O’ – OTHER HAZARDS	Section ‘O’ – OTHER HAZARDS
O1 Substances or mixtures with hazard statement EUH014	100
O2 Substances and mixtures which in contact with water emit flammable gases, Category 1	100
O3 Substances or mixtures with hazard statement EUH029	50

Editorial notes

[^c22521841]: 1972 c.68. Section 2(2) was amended by paragraph 15(3) of Schedule 8 to the Scotland Act 1998 (c.46) (“the 1998 Act”) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”). Paragraph 1A of Schedule 2 was inserted by the section 28 of the 2006 Act and was amended by Part 1 of the Schedule to the 2008 Act. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

[^c22521851]: 1997 c.8 (“the 1997 Act”). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Section 252 is applied by section 29(3) of the Planning (Hazardous Substances) (Scotland) Act 1997 (“the principal Act”). Section 267(1) was amended by section 19(5)(a) of the Planning etc. (Scotland) Act 2006 (asp 17) and is applied by section 36(1) of the principal Act.

[^c22521861]: 1997 c.10. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Under section 38(2) of the principal Act “prescribed” has the same meaning as in section 277 of the 1997 Act. Section 27 was amended by S.S.I. 2006/269.

[^c22521871]: OJ No L 353, 31.12.2008, p.1.

[^c22521881]: S.I. 1993/323 as amended by S.I. 1994/2567, S.I. 1996/252, S.S.I. 2000/179, S.S.I. 2003/1, S.S.I. 2006/270, S.S.I. 2009/378, S.S.I. 2010/171, S.S.I. 2013/119, S.S.I. 2014/51 and S.I. 2014/469.

[^c22521891]: S.S.I. 2013/155.

[^c22521911]: S.S.I. 2015/182

[^c22521921]: Section 9 provides that hazardous substances consent deemed to be granted by a planning authority under section 38 of the Housing and Planning Act 1986 shall continue to have effect notwithstanding the repeal of that section and shall be deemed to be granted by the authority under said section 9, and the relevant claim is the claim submitted under said section 38. Section 10A was inserted by S.S.I. 2000/179.

[^c22521931]: Section 10 was amended by paragraph 62 of Schedule 2 to the Planning Act 2008 (c.29) and S.S.I. 2007/569.

[^c22521941]: The definition of “safety regulator” was inserted by S.I. 2014/469.

[^c22521951]: Section 2(1) of the Planning (Hazardous Substances) (Scotland) Act 1997 provides that the presence of a hazardous substance on, over or under land requires the consent of the planning authority.

[^c22521961]: 1973 c.65.

[^c22521971]: 1986 c.44. Section 7 was substituted by section 5 of the Gas Act 1995 (c.45) and subsection (2) was amended by sections 3(2), 76(3) and 108 of, and paragraph 4 of Schedule 6 to, the Utilities Act 2000 (c.27) and S.I. 2011/2704.

[^c22521981]: 1989 c.29. Section 6 was substituted by section 30 of the Utilities Act 2000, subsection (1)(b) was substituted by section 136(1) of the Energy Act 2004 (c.20) (“the 2004 Act”) and subsection (1)(c) was amended by section 197(9) of, and Part 1 of Schedule 23 to, the 2004 Act.

[^c22521991]: 1990 c.10. Section 39(1) was relevantly amended by paragraph 2(7) of Schedule 13 to the Environmental Protection Act 1990 (c.43).

[^c22522001]: S.S.I. 2002/201. The effect of Article 7 is that the functions exercisable by a planning authority under the Planning (Hazardous Substances) (Scotland) Act 1997, are, in relation to the Loch Lomond and The Trossachs National Park transferred to and exercisable by the Park Authority.

[^c22522011]: 1990 c.43.

[^c22522021]: Section 3A was inserted by section 1 of the Planning etc. (Scotland) Act 2006 (asp 17).

[^c22522031]: Scottish Planning Policy is a statement of the policy of the Scottish Government on land use planning.

[^c22522041]: 2005 asp 15.

[^c22522051]: Paragraph 3 was amended by S.I. 2014/469 and paragraph 3A was inserted by that instrument.

[^c22522061]: Section 242A was inserted by section 92(1) of the Planning and Compulsory Purchase Act 2004 (c.5) and amended by section 54(13) of the Planning etc. (Scotland) Act 2006 (asp 17).

[^c22522071]: Section 43A was inserted by section 17 of the Planning etc. (Scotland) Act 2006 and amended by S.S.I. 2013/24 and S.S.I. 2013/26.

[^c22522081]: Section 30(2)(b) was amended by section 54(3)(b) of the Planning etc. (Scotland) Act 2006 (“the 2006 Act”).

[^c22522091]: 1980 c.65.

[^c22522101]: Section 71 was amended by S.S.I. 2006/243 and section 22(3) of the 2006 Act.

[^c22522111]: 1997 c.9.

[^c22522121]: 2000 c.7. Section 15 was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c.21).

[^c22522131]: Section 9 provides that hazardous substances consent deemed to be granted by a planning authority under section 38 of the Housing and Planning Act 1986 shall continue to have effect notwithstanding the repeal of that section and shall be deemed to be granted by the authority under said section 9, and the relevant claim is the claim submitted under said section 38. Section 10A was inserted by S.S.I. 2000/179.

[^c22522141]: Section 30D was added by S.S.I. 2006/269.

[^c22522151]: More guidance on waiving of the test can be found in the A.14 method description, see Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration Evaluation, Authorisation and Restriction of Chemicals (REACH) (O.J. L 142, 31.5.2008, p.1)

[^c22522171]: 15.75% nitrogen content by weight as a result of ammonium nitrate corresponds to 45% ammonium nitrate.

[^c22522181]: 24.5% nitrogen content by weight as a result of ammonium nitrate corresponds to 70% ammonium nitrate.

[^c22522191]: O.J. L 304, 21.11.2003, p.1.

[^c22522201]: 28% nitrogen content by weight as a result of ammonium nitrate corresponds to 80% ammonium nitrate.

[^c22522211]: 1965 c.57. Section 1 was substituted by paragraph 17 of Schedule 12 to the Energy Act 2013 (c.32).

[^c22522221]: OJ No L 304, 14.11.2008, p.75.

[^c22522231]: 1985 c.22.

[^c22522251]: S.I. 2014/1638.

[^c22522261]: The definition of “explosives licence” was amended by S.I. 2014/469.

[^c22522311]: S.S.I. 2007/570.

[^c22522321]: 2013 c.32.

[^c22522371]: S.S.I. 2013/155.

[^key-6630ef1c1dfeb455004c8b86343a9de0]: Sch. 2 para. 9(b) substituted (1.10.2016) by The Dangerous Goods in Harbour Areas Regulations 2016 (S.I. 2016/721), reg. 1, Sch. 5 para. 14(a) (with reg. 5)

[^key-285850d8660c468a2a9d524eec36477a]: Words in sch. 2 para. 11 substituted (1.10.2016) by The Dangerous Goods in Harbour Areas Regulations 2016 (S.I. 2016/721), reg. 1, Sch. 5 para. 14(b) (with reg. 5)

[^key-8a5eb9e21f9fe95fdbbc9cc7a645ecd6]: Words in reg. 6(2)(e) substituted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 4(3) (as amended by S.S.I. 2020/310, regs. 1, 2(2)); 2020 c. 1, Sch. 5 para. 1(1))

[^key-5e9082df8e2393f07bd8ce6cbb741105]: Words in reg. 2(1) inserted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 4(2)(a)(i) (as amended by S.S.I. 2020/310, regs. 1, 2(2)(5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e316007025f9487e0c3605f2d3fd4038]: Words in reg. 2(1) inserted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 4(2)(a)(ii) (as amended by S.S.I. 2020/310, regs. 1, 2(2)(5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-cd64e33f4b0eb07125590156e978c50e]: Words in reg. 2(2) substituted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 4(2)(b) (as amended by S.S.I. 2020/310, regs. 1, 2(2)(5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-38bc77d6ee3249791d1d017f58bfb55d]: Words in reg. 57 inserted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 4(9) (as amended by S.S.I. 2020/310, regs. 1, 2(2)(5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-08f68015876e328c531ecbf918689f5b]: Words in reg. 60(2) substituted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 4(10) (as amended by S.S.I. 2020/310, regs. 1, 2(2)(5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-fe0fa4a5ddbd3cc70024858351f7401e]: Words in sch. 1 Pt. 2 inserted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 4(11) (as amended by S.S.I. 2020/310, regs. 1, 2(2)(5)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ef0607ae6c7ca32c40eabc7031437a9e]: Words in reg. 9(3)(h) substituted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 4(4) (as amended by S.S.I. 2020/310, regs. 1, 2(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d62104cc11d94519c308457c42060a21]: Words in reg. 14(4)(a)(iv) substituted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 4(5) (as amended by S.S.I. 2020/310, regs. 1, 2(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b6220fa1fdc783505668c55b1d464452]: Words in reg. 21(1)(b) inserted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 4(6) (as amended by S.S.I. 2020/310, regs. 1, 2(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-12ece5c7f64769e06873d7b6f69e611e]: Words in reg. 22(4) inserted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 4(7) (as amended by S.S.I. 2020/310, regs. 1, 2(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-0d096dea809a16ebbd5c2f977f6f4488]: Words in reg. 23(2)(a)(ii) substituted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 4(8) (as amended by S.S.I. 2020/310, regs. 1, 2(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-87fcf6ad3d303f5a49ccf2a89a3efded]: Words in sch. 1 substituted (1.12.2022) by The Town and Country Planning (Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/286), regs. 1(1), 3(2)(a) (with reg. 4)

[^key-dca842ebf7120c4c9d2b6ec4ecadaa00]: Words in sch. 1 substituted (1.12.2022) by The Town and Country Planning (Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/286), regs. 1(1), 3(2)(b) (with reg. 4)

[^key-a94dc226029fffb3fbd2779875515185]: Sch. 8 para. 2 revoked (19.5.2023) by The Town and Country Planning (Development Planning) (Scotland) Regulations 2023 (S.S.I. 2023/101), reg. 1(1), sch. 4

[^key-6abb2ecaca9d628b76b75ed9815d71e5]: Word in reg. 22(4) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 27(2)(a)

[^key-d80e2d7befc37c743b9e180f9c3072de]: Word in reg. 22(4) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 27(2)(b)

[^key-377b80164b1460f9a14e5f7a2099bd86]: Reg. 55A inserted (9.6.2025) by The Town and Country Planning (Fees for Appeals) (Scotland) Regulations 2025 (S.S.I. 2025/124), regs. 1(1), 10(2) (with reg. 10(3)) (as amended (8.6.2025) by S.S.I. 2025/166, regs. 1, 2(3))

[^key-2520dc32257a1eb191ca5994c78849c1]: Sum in Reg. 55(1)(a) substituted (9.6.2025) by The Town and Country Planning (Fees for Applications) (Scotland) Amendment Regulations 2025 (S.S.I. 2025/125), regs. 1, 6(2)(a)

[^key-69758afc737f299ba993e59843945a11]: Sum in Reg. 55(1)(b) substituted (9.6.2025) by The Town and Country Planning (Fees for Applications) (Scotland) Amendment Regulations 2025 (S.S.I. 2025/125), regs. 1, 6(2)(b)

Fees for Appeals

55A

• (1) Where an appeal to is made to the Scottish Ministers under section 19(1) of the principal Act a fee is payable to the Scottish Ministers in accordance with the provisions of this regulation.

• (2) The fee—

• (a) for an appeal in respect of an application under regulation 6 (applications for hazardous substances consent) where the quantity specified in the application as the maximum quantity proposed to be present exceeds twice the controlled quantity is £572,

• (b) for an appeal in respect of an application under—

• (i) regulation 6 (applications for hazardous substances consent) (other than an application referred to in sub-paragraph (a)),

• (ii) regulation 7 (applications for removal of conditions attached to hazardous substances consent), or

• (iii) regulation 8 (application for continuation of hazardous substances consent where there has been a change in the person in control of any part of the land),

is £286.

• (3) Any fee payable under this regulation must—

• (a) accompany the appeal, and

• (b) be refunded if the appeal is rejected as invalidly made.

Applications by planning authorities

Access to review procedure before a court

Electronic communications

Service of notices

Applications made before the commencement date

Interpretation of existing consents

Saving provision for deemed consent conditions

Notification of other establishments

Appeals made after the commencement date

Appeals made before the commencement date

Applications referred to the Scottish Ministers before the commencement date

Amendments

Revocations