Hazardous substance zones and consent
Published by a LexisPSL Planning expert
Last updated on 28/07/2020

The following Planning practice note provides comprehensive and up to date legal information covering:

  • Hazardous substance zones and consent
  • Legislation and guidance
  • Purpose of hazardous substance consents
  • Requirement for HSC
  • Applications for HSC
  • The HSE’s role as statutory consultee
  • The HSE’s methodology—hazardous substance zones
  • Determination of HSC by the HSA
  • Register of HRCs
  • HSC runs with the land
  • More...

Hazardous substance zones and consent

Legislation and guidance

Hazardous substances consents (HSCs) are regulated by the Planning (Hazardous Substances) Act 1990 (P(HS)A 1990), the Planning (Hazardous Substances) Regulations 2015, SI 2015/627 (PHSR 2015) and the Planning (Hazardous Substances) (Wales) Regulations 2015, SI 2015/1597 (PHSWR 2015).

Derived from Archived EU Seveso III Directive 2012/18/EU on the control of major accident hazards involving dangerous substances (the Archived Seveso III Directive) as it had effect immediately before 11 pm on 31 December 2020, PHSR 2015, SI 2015/627 and PHSWR 2015, SI 2015/1597 were made pursuant to the European Communities Act 1972 (ECA 1972), which was repealed from 31 January 2020 (Exit Day) by the European Union (Withdrawal) Act 2018 (EU(W)A 2018). However, the repeal of ECA 1972 was subject to specific savings provisions in the European Union (Withdrawal Agreement) Act 2020, to allow for the operation of the implementation period in UK domestic law, ending on 31 December 2020, during which the UK continued to be treated by the EU as a Member State for many purposes, and continued to be bound by EU law. EU(W)A 2018 also provided for EU-derived domestic legislation such as PHSR 2015, SI 2015/627 and PHSWR 2015, SI 2015/1597, as they had effect immediately before Exit Day, to continue to have effect from Exit Day onwards, preserving laws made in the UK to implement EU obligations.

Related documents:
Key definition:
Hazardous substances definition
What does Hazardous substances mean?

Any substances, whether solid, liquid or gaseous capable of causing harm to the health of living organisms or interference with the ecological systems of which they form part and, in the case of man, includes harm to his property.

Popular documents