The Planning (Hazardous Substances) (Amendment) Regulations 2017

JurisdictionUK Non-devolved
CitationSI 2017/365
Year2017

2017 No. 365

Town And Country Planning, England

The Planning (Hazardous Substances) (Amendment) Regulations 2017

Made 13th March 2017

Laid before Parliament 15th March 2017

Coming into force 6th April 2017

The Secretary of State, in exercise of the powers conferred by section 5 of the Planning (Hazardous Substances) Act 19901, makes the following Regulations:

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Planning (Hazardous Substances) (Amendment) Regulations 2017 and come into force on 6th April 2017.

S-2 Controlled quantities

Controlled quantities

2.—(1) In Part 4 of Schedule 1 to the Planning (Hazardous Substances) Regulations 20152, for note 5 substitute—

S-5

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—

(a) 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;

(b) 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;

(c) 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 qnused in that formula.

(4) The formula is—

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...

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