The Planning (Hazardous Substances) Regulations 2015

JurisdictionUK Non-devolved
CitationSI 2015/627
Year2015
(1) These Regulations may be cited as the Planning (Hazardous Substances) Regulations 2015 and come into force on 1st June 2015.(2) Except as provided by paragraphs (3) to (5) , these Regulations apply in relation to England only.(3) Regulation 24 applies in relation to England and, in so far as it applies to national policy statements designated under section 5(1) of the Planning Act 2008 applies in relation to England;applies in relation to Wales and Scotland in so far as it applies to making development consent orders under section 114(1) of the Planning Act 2008; andsection 5(1) of the Pipe-lines Act 1962 section 14(1) or section 16(1) of the Harbours Act 1964 (1) In these Regulations—
  • the 1992 Regulations” means the Planning (Hazardous Substances) Regulations 1992 ;
  • the Act” means the Planning (Hazardous Substances) Act 1990;
  • COMAH competent authority” means the control of major accident hazards competent authority which is—
    • (a) in relation to a nuclear site, the Office of Nuclear Regulation and the Environment Agency acting jointly,
    • (b) otherwise, the Health and Safety Executive and the Environment Agency acting jointly;
  • commencement date” means the date these Regulations come into force;
  • the Directive” means Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances F58as it had effect immediately before exit day; and
  • F59“the EIA Directive” means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment as it had effect immediately before exit day;
  • F59“major accident” has the meaning given in regulation 2 of the Control of Major Accident Hazards Regulations 2015;
  • nuclear site” has the same meaning as in section 112(1) of the Energy Act 2013 .
a reference to a section is a reference to that section of the Act, unless there is a contrary indication; anda reference to a numbered form is a reference to the correspondingly numbered form in Schedule 3 to these Regulations.(3) Parts 1 to 3 of Schedule 1 to these Regulations (hazardous substances and controlled quantities) are to be construed in accordance with the notes in Part 4 of that Schedule and a reference in that Schedule to a note is a reference to a note in Part 4 of that Schedule.(4) References to sections of the principal Act (5) References in these Regulations to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (“the CLP Regulation”) are references to that Regulation as amended from time to time.
  • falling within a category in column 1 of Part 1 of Schedule 1 to these Regulations,
  • specified in column 1 of Part 2 of that Schedule, or
  • meeting the description in column 1 of Part 3 of that Schedule,
  • the controlled quantity of a hazardous substance is the quantity specified in column 2 of that Schedule corresponding to that substance.
  • Schedule 2 to these Regulations has effect.
  • be made to the hazardous substances authority;include the name and address of the applicant;include a site map and a substance location plan;the location of the land to which the application relates;the

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