Sites that use and store large quantities of hazardous substances pose risks to the surrounding population. These risks are regulated and managed in a number of ways, mainly through compliance with the COMAH Regulations, but also by controls on land use planning.
Under Article 10 of the Town and Country Planning (General Development Procedure) Order 1995, and Schedule 5 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008, local planning authorities are required to consult HSE on certain proposed developments in the vicinity of major hazard establishments and to take into account advice from HSE when making planning decisions.
HSE’s role is only an advisory one because safety implications, however important, cannot be divorced from other relevant planning matters. When HSE advises a local planning authority that a planning application should be refused on safety grounds, the planning authority is guided not to override HSE’s advice on safety without the most careful consideration.
Since 1992, Hazardous Substances Authorities (usually the local planning authority) have been required to consult HSE on applications for hazardous substances consent, when companies wish to store certain hazardous substances at or above specified quantities, which would lead to the creation of a new major hazard establishment.
The Seveso II Directive requires EC Member States to take account of the objective of limiting the consequences of major accidents in their land-use and other relevant policies. This is done through controls on new developments around existing major hazard establishments and pipelines, and on the siting of new major hazard establishments. A number of the obligations under the Directive already existed within domestic legislation; others were implemented into existing legislation by amendments to the Town and Country Planning (General Development Procedure) Order 1995 and the Planning (Hazardous Substances) Regulations 1992, and the introduction of the Planning (Control of Major Accident Hazards) Regulations 1999 (2000 in Scotland).
HSE’s role in land use planning is governed by various pieces of legislation which require HSE to be consulted on proposed developments around existing major hazards sites and on applications from site operators for consent to store hazardous substances.
Advice on planning controls has been published indicating the roles of the planning authorities and HSE – ‘Planning controls for hazardous substances [PDF]’.
An overview of HSE’s current approach to land use planning
HSE's land use planning methodology
HSE's current approach to land use planning
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