Environmental Impact Assessment Consultations

Please find details below of how HSE responds to consultations under the Environmental Impact Assessment (EIA) 2017 Regulations.

The Town and Country Planning Act 1990 Regime

Regulation 4(4) of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 requires the assessment of significant effects to include, where relevant, the expected significant effects arising from the proposed development's vulnerability to major accidents.

HSE responses to Environmental Impact Assessment consultations will be limited to our role in the land use planning system on the control of major-accident hazards involving dangerous substances. HSE will not respond in our regulatory role in the health and safety system. HSE will not examine environmental statements as that is for the relevant planning authority or the Secretary of State to do [Regulation 4(5)].

We will focus on whether the development:

• involves the keeping and/or using of hazardous substances and whether we have been consulted or will be consulted on hazardous substances consent [The Planning (Hazardous Substances) Regulations 2015];
• is located within our land-use-planning consultation zones or safeguarding zones, and whether our advice web app has been used to obtain advice [The Town and Country Planning (Development Management Procedure) (England) Order 2015].

We will take the opportunity to remind the developer that it may be beneficial for the employer to undertake a risk assessment as early as possible to satisfy themselves that their design and operation will meet requirements of relevant health and safety legislation as the project progresses.

Under Great Britain's health and safety legislation, HSE does not have a role in examining risk or hazard assessments unless the circumstances are covered by specific regulations.

The Planning Act 2008 – Nationally Significant Infrastructure Projects (NSIP) Regime

Regulation 5(4) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 requires the assessment of significant effects to include, where relevant, the expected significant effects arising from the proposed development's vulnerability to major accidents.

The Planning Inspectorate's Advice Note Eleven: Working with public bodies in the infrastructure planning process explains the framework which governs the involvement of relevant consultees and consenting bodies at each stage in the Planning Act 2008 and should be read in conjunction with Annex G - The Health and Safety Executive where HSE's role in the process is explained. This document includes consideration of risk assessments on page 3.

Please refer to our page on NSIP (Planning Act 2008) for more information.