Hazardous substance zones and consent
Hazardous substance zones and consent

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...

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see Brexit and hazardous substances below, Practice Note: Brexit—the implications for English and Welsh planning law and practice or visit the Planning area of the Brexit toolkit.

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SI 2015/627 and PHSWR 2015, SI 2015/1597 were made pursuant to the European Communities Act 1972 (ECA 1972), which was repealed from 31 January 2020 (Exit Day) by the European Union (Withdrawal) Act 2018 (EU(W)A 2018).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

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