The Planning (Hazardous Substances) Regulations 2015

Section 180 (effect of planning permission etc. on enforcement or breach of condition notice) has effect but as if—

• (a) for subsection (1) there were substituted—

(1) Where, after the service of a copy of a hazardous substances contravention notice, hazardous substances consent is granted for the presence of a hazardous substance on, over or under the land to which the notice relates, the notice shall cease to have effect so far as inconsistent with that consent.

• (b) subsection (2) were omitted;

• (c) in subsection (3), for “enforcement notice or breach of conditions notice” there were substituted “ a hazardous substances contravention notice ”.

8

Section 181 (enforcement notice to have effect against subsequent development) has effect but as if it read—

(1) Compliance with a hazardous substances contravention notice shall not discharge the notice. (2) Without prejudice to subsection (1), where a provision of a hazardous substances contravention notice requires a hazardous substance to be removed from the land to which the notice relates, the presence on, over or under that land of a quantity of that substance equal to or exceeding its controlled quantity, at any time after the substance has been removed in compliance with the hazardous substances contravention notice, shall be in contravention of that notice. (3) Without prejudice to subsection (1), where a provision of a hazardous substances contravention notice requires the quantity of a hazardous substance on, over or under the land to which the notice relates to be reduced below a specified quantity (being greater than the controlled quantity), the presence on, over or under that land of a quantity of that substance equal to or in excess of the specified quantity at any time after the quantity of that substance has been reduced below the specified quantity in compliance with the hazardous substances contravention notice, shall be in contravention of that notice. (4) Without prejudice to subsection (1), where a provision of a hazardous substances contravention notice requires steps to be taken to remedy a failure to comply with a condition subject to which a hazardous substances consent was granted, after those steps have been taken no further steps shall be taken which would constitute a breach of that condition, and the taking of such further steps shall be in contravention of that notice. (5) Sections 178 and 179 shall apply to the contravention of a hazardous substances contravention notice to which this section applies as if the period for compliance with the notice had expired on the date the contravention took place, but the hazardous substances authority shall not enter the land under section 178(1) without, at least 28 days before their entry, serving on the owner or occupier of the land a notice of their intention to do so.

PART 3 — Registers

9

Section 188 of the principal Act (register of enforcement and stop notices) has effect but as if—

• (a) for subsections (1) and (2) there were substituted—

(1) Every hazardous substances authority shall keep an enforcement register containing the following information in respect of each hazardous substances contravention notice issued by them— (a) the address of the land to which the notice relates; (b) the date of service of copies of the notice; (c) a statement of the alleged contravention of hazardous substances control, the steps required by the notice to remedy the contravention, and the period within which such steps are to be taken; (d) the date specified in the notice as the date on which it is to take effect; (e) the date and effect of any variation of the notice; (f) the date of any appeal to the Secretary of State against the notice and the date of the final determination of the appeal. (1A) The entry relating to the hazardous substances contravention notice and everything relating to any such notice shall— (a) include the category in Column 1 of Part 1 of Schedule 1 to the Planning (Hazardous Substances) Regulations 2015 into which any substance in the notice falls; and (b) be removed from the register if the notice is quashed by the Secretary of State or withdrawn. (1B) The register shall include an index to enable any person to trace an entry in the register. (1C) Every entry in the register shall be made within 14 days of the relevant information being available to the hazardous substances authority. (2) The register shall be kept at the principal office of the hazardous substances authority.

; and

• (b) paragraph (4) were omitted.

PART 4 — Validity

10

Section 285 of the principal Act (validity of enforcement notices and similar notices) applies but as if—

• (a) in subsection (1), for “an enforcement notice” there were substituted “ a hazardous substances contravention notice ”;

• (b) in subsection (2), for “enforcement notice” in each place where it occurs there were substituted “ hazardous substances contravention notice ”;

• (c) subsections (3) and (4) were omitted.

11

Section 289 of the principal Act (appeals to the High Court relating to enforcement notices etc.) applies but as if—

• (a) in subsections (1), (4A) and (5A) for “an enforcement notice” in each place where it occurs there were substituted “ a hazardous substances contravention notice ” and in subsections (1) and (4A) for “local planning authority” in each place where it occurs there were substituted “ hazardous substances authority ”;

• (b) subsections (2) and (4B) were omitted.

SCHEDULE 5 — Amendments

Amendment of the Town and Country Planning (London Spatial Development Strategy) Regulations 2000

1

• (1) The Town and Country Planning (London Spatial Development Strategy) Regulations 2000 are amended as follows.

• (2) In regulation 6 (regard to be had to certain matters and statement of regard)—

• (a) in paragraph (1), for paragraphs (b) and (c) substitute—

(b) the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment; (c) the need, in the long term— (i) to maintain appropriate safety distances between establishments and residential areas, buildings and areas of public use, recreational areas, and, as far as possible, major transport routes; (ii) to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate through appropriate safety distances or other relevant measures; (iii) in the case of existing establishments, to take additional technical measures, in accordance with Article 5 of Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, so as not to increase the risks to human health and the environment.

• (b) in paragraph (2), for “Council Directive 96/82/EC” substitute “ Directive 2012/18/EU ”.

Amendment of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

2

• (1) The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 are amended as follows.

• (2) In rule 10 (documents accompanying application), in paragraph (7)—

• (a) omit subparagraph (a); and

• (b) in subparagraph (b), for “in such one or more of regulations 5(1)(b), 5(2)(b) and 5(3)(b) of those Regulations” substitute “ regulation 5(1)(c), 5(1)(d), 5(2)(c) to (h) and 5(3)(c) to (g) of the Planning (Hazardous Substances) Regulations 2015 ”.

• (3) In the table in Schedule 5 (those to be served with a copy of the application and documents), after the row numbered 21, insert—

“21A. A relevant project as defined in regulation 26(5) of the Planning (Hazardous Substances) Regulations 2015.	21A. The COMAH competent authority as defined in regulation 2(1) of those Regulations.”

Amendment of the Town and Country Planning (Mayor of London) Order 2008

3

• (1) The Town and Country Planning (Mayor of London) Order 2008 is amended as follows.

• (2) In article 6 (Mayor's power to direct refusal of a PSI application) for paragraphs (2)(h) and (2)(i), substitute—

(h) the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment; (i) the need, in the long term— (i) to maintain appropriate safety distances between establishments and residential areas, buildings and areas of public use, recreational areas, and, as far as possible, major transport routes; (ii) to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate through appropriate safety distances or other relevant measures; and (iii) in the case of existing establishments, to take additional technical measures, in accordance with Article 5 of Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, so as not to increase the risks to human health and the environment.

• (3) In paragraph (3), for “Council Directive 96/82/EC” substitute “ Directive 2012/18/EU ”.

Amendment of the Town and Country Planning (Local Planning) (England) Regulations 2012

4

• (1) The Town and Country Planning (Local Planning) (England) Regulations 2012 are amended as follows.

• (2) In regulation 10 (Local plans and supplementary planning documents: additional matters to which regard is to be had)—

• (a) for paragraph (1)(b) substitute—

(b) the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment by pursuing those objectives through the controls described in Article 13 of Council Directive 2012/18/EU;

• (b) for paragraph (1)(c) substitute—

(c) the need, in the long term— (i) to maintain appropriate safety distances between establishments and residential areas, buildings and areas of public use, recreational areas, and, as far as possible, major transport routes; (ii) to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate through appropriate safety distances or other relevant measures; (ii) in the case of existing establishments, to take additional technical measures, in accordance with Article 5 of Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, so as not to increase the risks to human health and the environment.

• (c) in paragraph (2), for “Council Directive 96/82/ EC (as amended by Council Directive 2003/105/EC)” substitute “ Directive 2012/18/EU ”.

Signed

Signed by the authority of the Secretary of State for Communities and Local Government

Brandon Lewis — Minister of State — 2015-03-18

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 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).

[^f00002]: S.I. 1998/1750.

[^f00003]: 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).

[^f00004]: O.J. L 353, 31.12.2008, p. 1.

[^f00005]: 2008 c.29.

[^f00006]: 1962 c.58.

[^f00007]: 1964 c. 40.

[^f00008]: S.I. 1992/656; relevant amendments were made by section 76(7) of the Utilities Act 2000 (c.27) and by S.I. 1999/981, S.I. 2006/1282, S.I. 2006/1283, S.I. 2009/1901, S.I. 2010/1050 and S.I. 2014/162.

[^f00009]: O.J. L 197, 24.7.2012, p. 1.

[^f00010]: 2013 c. 32.

[^f00011]: Section 39(1) of the Act defines “principal Act” as the Town and Country Planning Act 1990 (c.8).

[^f00012]: 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) and 76 of, and paragraphs 1 and 4 of Part 1 of Schedule 6 to, the Utilities Act 2000 and by S.I. 2011/2704.

[^f00013]: 1989 c. 29; section 6 was substituted by section 30 of the Utilities Act 2000 (c. 27), subsection (1)(b) was substituted by section 136(1) of the Energy Act 2004 (c. 20) and subsection (1)(c) was amended by section 197(9) of, and Part 1 of Schedule 23 to, the Energy Act 2004.

[^f00014]: 1981 c. 69. Section 28 was substituted by paragraph 1 of Schedule 9 to the Countryside and Rights of Way Act 2000 (c. 37) and amended by section 105(1) of, and paragraph 79 of Part 1 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16) and paragraph 2 of Part 2 of Schedule 13 to the Marine and Coastal Access Act 2009 (c. 23).

[^f00015]: 1990 c. 43. Section 75(1) was amended by S.I. 2006/937. Section 75(2) was amended by S.I. 2011/988.

[^f00016]: There are amendments to this section, none of which are relevant to these Regulations.

[^f00017]: 1994 c.39. Section 2 was amended by paragraph 232(1) of Schedule 22 to the Environment Act 1995 (c. 25).

[^f00018]: 2008 c. 29.

[^f00019]: 2004 c. 5; section 19(1) was amended by section 5(b) of the Planning Act 2008 (c. 29). There are other amendments to section 19 which are not relevant to these Regulations.

[^f00020]: S.I. 2004/1633, amended by S.I. 2011/1043; there are other amending instruments but none is relevant.

[^f00021]: 1975 c. 26

[^f00022]: S.I. 2015/595.

[^f00023]: Section 293A was inserted by section 82(1) of the Planning and Compulsory Purchase Act 2004 (c. 5).

[^f00024]: Section 78 was amended by section 17(2) of Planning and Compensation Act 1991 (c. 34), sections 40(2)(e) and 43(2) of the 2004 Act and paragraphs 1 and 3 of Schedule 10 and paragraphs 1 and 2 of Schedule 11 to the Planning Act 2008 (c. 9).

[^f00025]: 1962 c. 58.

[^f00026]: Section 61A was inserted by section 40(1) of the 2004 Act and has been amended by sections 188 and 238 of, and Schedule 13 to, the Planning Act 2008.

[^f00027]: Section 61E was inserted by inserted by section 116 of, and Schedule 9 to, the Localism Act 2011 (c. 20).

[^f00028]: 1980 c. 65.

[^f00029]: Section 102 was amended by paragraph 6 of Schedule 1 and paragraph 21 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34).

[^f00030]: Paragraph 1 of Schedule 9 was amended by paragraph 15 of Schedule 1 to the Planning and Compensation Act 1991 (c. 34).

[^f00031]: 1964 c. 40.

[^f00032]: 1990 c. 9.

[^f00033]: More guidance on waiving of the test can be found in the A.14 method description in the Annex to Council 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).

[^f00034]: O.J. L 147, 9.6.1975, p. 40.

[^f00035]: 15.75% nitrogen content by weight as a result of ammonium nitrate corresponds to 45% ammonium nitrate.

[^f00036]: 24.5% nitrogen content by weight as a result of ammonium nitrate corresponds to 70% ammonium nitrate.

[^f00037]: O.J. L 304, 21.11.2003, p. 1.

[^f00038]: 28% nitrogen content by weight as a result of ammonium nitrate corresponds to 80% ammonium nitrate.

[^f00039]: 1985 c. 22.

[^f00040]: S.I. 1987/37, to which there are amendments not relevant to these Regulations.

[^f00041]: O.J. L 304, 14.11.2008, p. 75.

[^f00042]: 1965 c. 57; section 1 was substituted by paragraphs 16 and 17 of Schedule 12 to the Energy Act 2013 (c. 32).

[^f00043]: S.I. 2014/1638.

[^f00044]: S.I. 1987/37, to which there are amendments not relevant to these Regulations.

[^f00046]: S.I. 2000/1491.

[^f00047]: S.I. 2006/1466.

[^f00048]: S.I. 2008/580.

[^f00049]: S.I. 2012/767.

1

Ammonium nitrate (see note 14)

2

Ammonium nitrate (see note 15)

3

Ammonium nitrate (see note 16)

4

Ammonium nitrate (see note 17)

5

Potassium nitrate (see note 18)

6

Potassium nitrate (see note 19)

7

Arsenic pentoxide, arsenic (V) acid and/or salts

8

Arsenic trioxide, arsenious (III) acid and/or salts

9

Bromine

10

Chlorine

11

Nickel compounds in inhalable powder form: nickel monoxide, nickel dioxide, nickel sulphide, trinickel disulphide, dinickel trioxide

12

Ethyleneimine

13

Fluorine

14

Formaldehyde (concentration ≥ 90%)

15

Hydrogen

16

Hydrogen chloride (liquefied gas)

17

Lead alkyls

18

Liquefied flammable gases, Category 1 or 2 (including LPG) and natural gas (see note 20)

19

Acetylene

20

Ethylene oxide

21

Propylene oxide

22

Methanol

23

4, 4′-Methylene bis (2-chloraniline) and/or salts, in powder form

24

Methylisocyanate

1

Substances and mixtures are classified in accordance with the CLP Regulation.

2

Mixtures shall be treated in the same way as pure substances provided they remain within concentration limits set according to their properties under the CLP Regulation, or its latest adaptation to technical progress, unless a percentage composition or other description is specifically given.

3

Expressions appearing both 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.

4

The controlled quantities set out in Parts 1 to 3 of this Schedule relate to each establishment.

5

• (1) In the case of an establishment where two or more below-threshold substances in the same hazard group are present, the rule in paragraph (3) applies to those substances.

• (2) In this note—

• “below-threshold substances” are substances falling within Part 1 or 2 of this Schedule which are present in quantities below the quantities corresponding to those substances specified in column 2 of those Parts;

• “hazard group” means each of the following groups of substances—substances listed in Part 2 of this Schedule which fall within acute toxicity category 1, 2 or 3 (inhalation route) or STOT SE category 1 and substances which fall within section H, entries H1 to H3 of Part 1;substances listed in Part 2 of this Schedule that are explosives, flammable gases, flammable aerosols, oxidising gases, flammable liquids, self-reactive substances and mixtures, organic peroxides, pyrophoric liquids and solids, oxidising liquids and solids and substances which fall within section P, entries P1 to P8 of Part 1;substances listed in Part 2 of this Schedule which fall within hazardous to the aquatic environment acute category 1, chronic category 1 or chronic category 2 and substances which fall within section E, entries E1 and E2 of Part 1.

• (3) Where, in relation to below-threshold substances in the same hazard group, the sum produced by the formula in paragraph (4) is greater than or equal to 1, the controlled quantity of each such substance shall be the value qₙ used in that formula.

• (4) The formula is—

$$q1CQ1+q2CQ2+q3CQ3+q4CQ4+q5CQ5+...$where—qₙ = the quantity of a below-threshold substance which is present at the establishment;CQn = the quantity corresponding to that substance specified in column 2 of Part 1 or 2 of this Schedule (except for Hydrogen where CQ is to be 5, and for liquefied petroleum gas and natural gas (including liquefied natural gas) where CQ is to be 50).$

6

In the case of hazardous substances which are not covered by the CLP Regulation, including waste, but which nevertheless are present, or are likely to be present, in an establishment and which possess or are likely to possess, under the conditions found at the establishment, equivalent properties in terms of major accident potential, these must be provisionally assigned to the most analogous category or named hazardous substance falling within the scope of these Regulations.

7

In the case of hazardous substances with properties giving rise to more than one classification, for the purposes of these Regulations the lowest controlled quantities apply. However, for the application of the rule in note 5, the lowest controlled quantity for each hazard group under note 5 corresponding to the classification concerned must be used.

8

Hazardous substances that fall within Acute Toxic Category 3 via the oral route (H 301) fall under entry H2 ACUTE TOXIC in those cases where neither acute inhalation toxicity classification nor acute dermal toxicity classification can be derived, for example due to lack of conclusive inhalation and dermal toxicity data.

9

The hazard class Explosives includes explosive articles (see Section 2.1 of Annex I to the CLP Regulation). If the quantity of the explosive substance or mixture contained in the article is known, that quantity must be considered for the purposes of these Regulations. If the quantity of the explosive substance or mixture contained in the article is not known, then, for the purposes of these Regulations, the whole article must be treated as explosive.

10

Testing for explosive properties of substances and mixtures is only necessary if the screening procedure according to Appendix 6, Part 3 of the UN Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria (UN Manual of Tests and Criteria) identifies the substance or mixture as potentially having explosive properties.

11

If Explosives of Division 1.4 are unpacked or repacked, they shall be assigned to the entry P1a, unless the hazard is shown to still correspond to Division 1.4, in accordance with the CLP Regulation.

12

• (1) Flammable aerosols are classified in accordance with the Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers (Aerosol Dispensers Directive). “Extremely flammable” and “Flammable” aerosols of Directive 75/324/EEC correspond to Flammable Aerosols Category 1 or 2 respectively of the CLP Regulation.

• (2) In order to use this entry, it must be documented that the aerosol dispenser does not contain Flammable Gas Category 1 or 2 nor Flammable Liquid Category 1.

13

According to paragraph 2.6.4.5 in Annex I to the CLP Regulation, liquids with a flash point of more than 35 °C need not be classified in Category 3 if negative results have been obtained in the sustained combustibility test L.2, Part III, section 32 of the UN Manual of Tests and Criteria. This is however not valid under elevated conditions such as high temperature or pressure, and therefore such liquids are included in this entry.

14

Ammonium nitrate (5,000/10,000): fertilisers capable of self-sustaining decomposition

15

Ammonium nitrate (1,250/5,000): fertiliser grade

16

Ammonium nitrate (350/2,500): technical grade

17

Ammonium nitrate (10/50): ‘off-specs’ material and fertilisers not fulfilling the detonation test.

18

Potassium nitrate (5,000/10,000)

19

Potassium nitrate (1,250/5,000)

20

Upgraded biogas

21

Polychlorodibenzofurans and polychlorodibenzodioxins

22

In cases where this hazardous substance falls within category P5a Flammable liquids or P5b Flammable liquids, then for the purposes of these Regulations the lower controlled quantity applies.

23

Where a hazardous substance falls within both Parts 1 and 2 of this Schedule, the controlled quantity in Part 2 applies.

24

In relation to Part 3—

• (a) where S also falls within Part 1 or Part 2, the classification with the lowest controlled quantity applies; and

• (b) 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.

Editorial notes

[^c22464851]: 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).

[^c22464861]: S.I. 1998/1750.

[^c22464871]: 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).

[^c22464881]: O.J. L 353, 31.12.2008, p. 1.

[^c22464891]: 2008 c.29.

[^c22464901]: 1962 c.58.

[^c22464911]: 1964 c. 40.

[^c22464921]: S.I. 1992/656; relevant amendments were made by section 76(7) of the Utilities Act 2000 (c.27) and by S.I. 1999/981, S.I. 2006/1282, S.I. 2006/1283, S.I. 2009/1901, S.I. 2010/1050 and S.I. 2014/162.

[^c22464931]: O.J. L 197, 24.7.2012, p. 1.

[^c22464941]: 2013 c. 32.

[^c22464951]: Section 39(1) of the Act defines “principal Act” as the Town and Country Planning Act 1990 (c.8).

[^c22464961]: 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) and 76 of, and paragraphs 1 and 4 of Part 1 of Schedule 6 to, the Utilities Act 2000 and by S.I. 2011/2704.

[^c22464971]: 1989 c. 29; section 6 was substituted by section 30 of the Utilities Act 2000 (c. 27), subsection (1)(b) was substituted by section 136(1) of the Energy Act 2004 (c. 20) and subsection (1)(c) was amended by section 197(9) of, and Part 1 of Schedule 23 to, the Energy Act 2004.

[^c22464981]: 1981 c. 69. Section 28 was substituted by paragraph 1 of Schedule 9 to the Countryside and Rights of Way Act 2000 (c. 37) and amended by section 105(1) of, and paragraph 79 of Part 1 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16) and paragraph 2 of Part 2 of Schedule 13 to the Marine and Coastal Access Act 2009 (c. 23).

[^c22464991]: 1990 c. 43. Section 75(1) was amended by S.I. 2006/937. Section 75(2) was amended by S.I. 2011/988.

[^c22465001]: There are amendments to this section, none of which are relevant to these Regulations.

[^c22465011]: 1994 c.39. Section 2 was amended by paragraph 232(1) of Schedule 22 to the Environment Act 1995 (c. 25).

[^c22465021]: 2008 c. 29.

[^c22465031]: 2004 c. 5; section 19(1) was amended by section 5(b) of the Planning Act 2008 (c. 29). There are other amendments to section 19 which are not relevant to these Regulations.

[^c22465041]: S.I. 2004/1633, amended by S.I. 2011/1043; there are other amending instruments but none is relevant.

[^c22465051]: 1975 c. 26

[^c22465061]: S.I. 2015/595.

[^c22465081]: Section 78 was amended by section 17(2) of Planning and Compensation Act 1991 (c. 34), sections 40(2)(e) and 43(2) of the 2004 Act and paragraphs 1 and 3 of Schedule 10 and paragraphs 1 and 2 of Schedule 11 to the Planning Act 2008 (c. 9).

[^c22465091]: 1962 c. 58.

[^c22465101]: Section 61A was inserted by section 40(1) of the 2004 Act and has been amended by sections 188 and 238 of, and Schedule 13 to, the Planning Act 2008.

[^c22465111]: Section 61E was inserted by inserted by section 116 of, and Schedule 9 to, the Localism Act 2011 (c. 20).

[^c22465121]: 1980 c. 65.

[^c22465131]: Section 102 was amended by paragraph 6 of Schedule 1 and paragraph 21 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34).

[^c22465141]: Paragraph 1 of Schedule 9 was amended by paragraph 15 of Schedule 1 to the Planning and Compensation Act 1991 (c. 34).

[^c22465151]: 1964 c. 40.

[^c22465161]: 1990 c. 9.

[^c22465171]: More guidance on waiving of the test can be found in the A.14 method description in the Annex to Council 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).

[^c22465181]: O.J. L 147, 9.6.1975, p. 40.

[^c22465191]: 15.75% nitrogen content by weight as a result of ammonium nitrate corresponds to 45% ammonium nitrate.

[^c22465201]: 24.5% nitrogen content by weight as a result of ammonium nitrate corresponds to 70% ammonium nitrate.

[^c22465211]: O.J. L 304, 21.11.2003, p. 1.

[^c22465221]: 28% nitrogen content by weight as a result of ammonium nitrate corresponds to 80% ammonium nitrate.

[^c22465231]: 1985 c. 22.

[^c22465251]: O.J. L 304, 14.11.2008, p. 75.

[^c22465261]: 1965 c. 57; section 1 was substituted by paragraphs 16 and 17 of Schedule 12 to the Energy Act 2013 (c. 32).

[^c22465271]: S.I. 2014/1638.

[^c22465391]: S.I. 2000/1491.

[^c22465401]: S.I. 2006/1466.

[^c22465411]: S.I. 2008/580.

[^c22465421]: S.I. 2012/767.

[^key-5a09cf84eae69ffc0f62b98f6c8a0881]: Sch. 1 Pt. 2 symbol added (E.) (10.6.2015) by The Planning (Hazardous Substances) (Amendment) Regulations 2015 (S.I. 2015/1359), regs. 1, 2(2)

[^M_F_3c21c264-d523-4f12-d7a3-dd5eaabd427b]: Words in Sch. 1 para. 17(a) substituted (E.) (10.6.2015) by The Planning (Hazardous Substances) (Amendment) Regulations 2015 (S.I. 2015/1359), reg. 2(3)(b)

[^M_F_dc334fca-1334-4cba-8579-4045ca843740]: Words in Sch. 1 para. 17(b) substituted (E.) (10.6.2015) by The Planning (Hazardous Substances) (Amendment) Regulations 2015 (S.I. 2015/1359), reg. 2(3)(c)

[^key-cf7ffdbadb42b203440c2ec8e7dbabf3]: Sch. 2 para. 12 substituted (1.10.2016) by The Dangerous Goods in Harbour Areas Regulations 2016 (S.I. 2016/721), reg. 1, Sch. 5 para. 13(b) (with reg. 5)

[^key-18581ec5f7cc8d198ba65f22a3c3dd85]: Sch. 2 para. 5(b) substituted (1.10.2016) by The Dangerous Goods in Harbour Areas Regulations 2016 (S.I. 2016/721), reg. 1, Sch. 5 para. 13(a) (with reg. 5)

[^key-74544f0072a2b907f809e3016f460412]: Sch. 1 Pt. 4, note 5 substituted (6.4.2017) by The Planning (Hazardous Substances) (Amendment) Regulations 2017 (S.I. 2017/365), regs. 1, 2(1)

[^key-429e12375efd95fbe2c0cc585217d558]: Words in Sch. 1 Pt. 4, note 7 replaced (6.4.2017) by The Planning (Hazardous Substances) (Amendment) Regulations 2017 (S.I. 2017/365), regs. 1, 2(2)

[^key-82c8693bdff3ff2bd7262a4257123d31]: Words in reg. 26(6)(a) inserted (E.) (1.6.2018) by The Town and Country Planning (Permission in Principle) (Amendment) Order 2017 (S.I. 2017/1309), art. 1, Sch. 2 para. 9(2)

[^key-138e1a4a694adef1870a964f0c5647ee]: Words in reg. 26(6)(b) inserted (E.) (1.6.2018) by The Town and Country Planning (Permission in Principle) (Amendment) Order 2017 (S.I. 2017/1309), art. 1, Sch. 2 para. 9(2)

[^key-5068ac96c9994826e5ce5e46536c4f6e]: Words in reg. 26(6)(c) inserted (E.) (1.6.2018) by The Town and Country Planning (Permission in Principle) (Amendment) Order 2017 (S.I. 2017/1309), art. 1, Sch. 2 para. 9(2)

[^key-316999b0e48205c71d0eba554b176176]: Words in reg. 2(1) inserted (31.12.2020) by The Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1234), regs. 1, 7(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-0ad87fa0378505c330fff84b68ed1e5d]: Words in reg. 2(1) inserted (31.12.2020) by The Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1234), regs. 1, 7(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6d861bd12912e85e9f8855251af49c10]: Words in reg. 6(1)(a)(ii) substituted (31.12.2020) by The Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1234), regs. 1, 8(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-2dc56a81b9d76c6bfb6f109bbc262a86]: Reg. 6(1)(a)(iia) inserted (31.12.2020) by The Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1234), regs. 1, 8(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3cf3781c73344fdbbc1ec058186875dd]: Words in reg. 10(3)(a)(ii) substituted (31.12.2020) by The Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1234), regs. 1, 9(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-fc0d02701c9b4fe4c2206e5aabdde208]: Reg. 10(3)(a)(iia) inserted (31.12.2020) by The Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1234), regs. 1, 9(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3c086cd72fd4e83a59e40e87d7a0631b]: Words in reg. 24(1)(b) inserted (31.12.2020) by The Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1234), regs. 1, 10; 2020 c. 1, Sch. 5 para. 1(1)

[^key-62a01302d07b219578d9a26ce3648992]: Words in reg. 25(6) inserted (31.12.2020) by The Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1234), regs. 1, 11; 2020 c. 1, Sch. 5 para. 1(1)

[^key-5a4fce1ecb5c44cbcf73eb5acbd596b6]: Words in reg. 26(2)(a)(ii) substituted (31.12.2020) by The Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1234), regs. 1, 12(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c6905de944a500fb1ca0033ec0ba365b]: Reg. 26(2)(a)(iia) inserted (31.12.2020) by The Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1234), regs. 1, 12(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-0bb193f6ab7d40c74fe1e65df6e8e31f]: Word in reg. 6(1)(a)(ii) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 5 para. 3(a)

[^key-91beebcbeace600922c81855d0fb813a]: Word in reg. 6(1)(a)(iia) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 5 para. 3(a)

[^key-9529a32bd25ac0a2929d6a8b17189706]: Word in reg. 10(3)(a)(ii) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 5 para. 3(b)

[^key-6dfcb2ad90eafbafbdfab4bcc901dde3]: Word in reg. 10(3)(a)(iia) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 5 para. 3(b)

[^key-5a37efd449ad7537d9a9a5cac3a4ae3a]: Word in reg. 26(2)(a)(ii) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 5 para. 3(d)

[^key-2e6f1e221a86be509aa443517e28bd77]: Word in reg. 26(2)(a)(iia) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 5 para. 3(d)

[^key-dd32694debfbc5a9a30b840ead3394f0]: Word in reg. 25(6) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 5 para. 3(c)

[^key-058dc028bac300e4ec8c43e4fc66ef87]: Words in reg. 26(6)(b) substituted (1.5.2025) by The Town and Country Planning (Consequential and Miscellaneous Amendments) Regulations 2025 (S.I. 2025/412), regs. 1(1), 13(a)

[^key-fe0895b1f45f8f7e58aba8267cb9b941]: Words in reg. 26(6)(b) inserted (1.5.2025) by The Town and Country Planning (Consequential and Miscellaneous Amendments) Regulations 2025 (S.I. 2025/412), regs. 1(1), 13(b)