Planning (Hazardous Substances) Regulations 1992
| Jurisdiction | UK Non-devolved |
| Citation | SI 1992/656 |
| Year | 1992 |
1992 No. 656
TOWN AND COUNTRY PLANNING, ENGLAND AND WALES
The Planning (Hazardous Substances) Regulations 1992
Made 11th March 1992
Laid before Parliament 11th March 1992
Coming into force 1st June 1992
The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in the exercise of the powers conferred on them by sections 4, 5(1), 7, 8, 11(2),(7), 17(2), 21(2),(3), 24(4), 25, 26A, 28(1), 30, 39(2) and 40(1) of the Planning (Hazardous Substances) Act 19901, and of all other powers enabling them in that behalf, hereby make the following Regulations:
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Planning (Hazardous Substances) Regulations 1992 and shall come into force on 1st June 1992.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the Act” means the Planning (Hazardous Substances) Act 1990;
“buried or mounded vessel” includes a vessel which is only partially buried or mounded;
“moveable container” means any container designed or adapted to contain hazardous substances other than a vessel;
“vessel” means any container designed or adapted to contain hazardous substances which is affixed to the land, and includes a container which forms part of plant or machinery which is affixed to the land but does not include a pipeline.
(2) In these Regulations—
(a)
(a) a reference to a section is a reference to that section of the Act, unless there is a contrary indication;
(b)
(b) a reference to a numbered form is a reference to the correspondingly numbered form in Schedule 2.
(3) Part 4, Form 8 and Schedule 3 (deemed consents) shall be construed in accordance with regulation 16.
(4) Schedule 1 (hazardous substances and controlled quantities) shall be construed in accordance with Part D of that Schedule.
(5) References to sections of the principal Act2mentioned in regulations 18, 20, 21 and 22 (enforcement) shall, in those sections and these Regulations, be construed as references to those sections as modified by these Regulations in relation to hazardous substances control.
PART 2
HAZARDOUS SUBSTANCES, CONTROLLED QUANTITIES AND EXEMPTIONS
Hazardous substances and controlled quantities
3.—(1) Subject to paragraph (2), the substances specified in column 1 of Schedule 1 are hazardous substances for the purposes of the Act.
(2) A substance which is controlled waste, as defined by section 75(4) of the Environmental Protection Act 19903, or radioactive waste, as defined in section 18(4) of the Radioactive Substances Act 19604, is not a hazardous substance for the purposes of the Act.
(3) The quantity specified in column 2 of Schedule 1 is the controlled quantity of the corresponding hazardous substance in column 1 of that Schedule for the purposes of the Act.
Exemptions
4.—(1) Hazardous substances consent is not required for the temporary presence of a hazardous substance during the period between it being unloaded from one means of transport and loaded onto another while it is being transported from one place to another.
(2) Hazardous substances consent is not required for the presence of a hazardous substance contained in an aerosol dispenser if—
(a)
(a) the capacity of the dispenser does not exceed 1000 millilitres; or
(b)
(b) the dispenser—
(i) does not contain a substance or mixture of substances which is flammable within the meaning of paragraph 2 of Part III of Schedule 1 to the Classification, Packaging and Labelling of Dangerous Substances Regula tions 19845; and
(ii) does not contain a substance numbered 7, 8, 18, 21, 22, 24, 25, 27, 29, 30, 33, 34 or 65 in column 1 of Schedule 1 or, if it does, the aggregate quantity of that substance contained in aerosol dispensers with a capacity in excess of 1000 millilitres on the relevant site is less than the controlled quantity for that substance.
(3) Hazardous substances consent is not required for the presence of a hazardous substance contained in an exempt pipe-line or a service pipe.
(4) 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 on which it was so unloaded; and for the purpose of this paragraph a substance shall be treated as having been unloaded from a craft in an emergency if—
(a)
(a) it was unloaded from a craft to which a direction under section 3(1) of the Dangerous Vessels Act 19856(directions by Secretary of State to harbour master) applied; or
(b)
(b) it was unloaded from a craft after having been brought into a harbour or harbour area, within the meaning of regulation 2 of the Dangerous Substances in Harbour Areas Regulations 19877, without requiring notification under paragraph (1) of regulation 6 of those regulations by virtue of an exemption under paragraph (5) of that regulation.
(5) Where hazardous substances consent is deemed to have been granted under section 11 for the presence of substance number 40 in column 1 of Schedule 1, consent is not required for the presence of an additional quantity of that substance not exceeding one third of the established quantity provided that all the conditions set out in Schedule 3 and applying to that substance under the deemed consent are also complied with in relation to the additional quantity present.
(6) The presence of a substance to which paragraphs (1), (2), (3) and (4) apply shall not be taken into account when calculating the quantity of a hazardous substance present on, over or under land for any purpose of the Act or these Regulations.
(7) In this regulation—
(a)
(a) “exempt pipe-line” means a pipe-line used to convey a hazardous substance to or from a site, but does not include—
(i) that part of the pipe-line on, over, or under a site to which it has an outlet or inlet;
(ii) a service pipe;
(b)
(b) “service pipe” means a pipe-line used by a public gas supplier (within the meaning of section 7(1) of the Gas Act 19868) to supply gas to an individual consumer from a main of that supplier.
PART 3
EXPRESS CONSENT
Applications for hazardous substances consent
5.—(1) Subject to paragraph (2) and regulation 26, an application for hazardous substances consent shall—
(a)
(a) be made to the hazardous substances authority on Form 1;
(b)
(b) include the information specified in the form, a site map, and a substance location plan;
(c)
(c) be accompanied by 3 copies of the form, the map and plan submitted with it and the notices and certificates required by regulations 6 and 7.
(2) Subject to regulation 26, an application to which section 13 applies (application for hazardous substances consent without a condition subject to which a previous consent was granted) shall—
(a)
(a) be made to the hazardous substances authority on Form 2;
(b)
(b) include the particulars specified in the form, a change of location plan, if required by paragraph (6), and particulars of the relevant consent;
(c)
(c) be accompanied by 3 copies of the form, the relevant consent, any plan submitted with it and the notices and certificates required by regulations 6 and 7.
(3) An application under section 17 (application for the continuation of consent following a change of control) shall—
(a)
(a) be made to the hazardous substances authority on Form 2;
(b)
(b) include the particulars specified in the form, a change of control plan, and particulars of the relevant consent;
(c)
(c) be accompanied by 3 copies of the form, the relevant consent, the change of control plan and the notices and certificates required by regulations 6 and 7.
(4) The site map required by paragraph (1)(b) shall be 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 (1)(b) shall be 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)
(a) any area of the site intended to be used for the storage of the substance;
(b)
(b) where the 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 substance will be present;
(c)
(c) access points to and from the land.
(6) A change of location plan shall be required in the case of an application to which section 13 applies which relates to a condition restricting the location of a hazardous substance, and shall be a plan of the land to which the application relates, drawn to a scale of not less than 1 to 2,500, which identifies the location of the hazardous substance at the date of the application and the proposed location requiring the application.
(7) The change of control plan required by paragraph (3) shall be a plan of the land to which the application relates, drawn to a scale of not less than 1 to 2,500, which identifies each area of the site under separate control after the proposed change of control.
(8) The relevant consent referred to in paragraphs (2)(b) and (3)(b) is the existing hazardous substances consent which applies to the hazardous substance to which the application applies; and the particulars of the relevant consent to be supplied shall be a copy of the consent, in the case of a consent granted on an application under the Act, a copy of the relevant claim, in the case of a consent deemed to be granted under section 11 or a copy of the relevant direction, in the case of a consent deemed to be granted under section 12.
(9) Where an application referred to in...
To continue reading
Request your trial