Hazardous substances and planning
Produced in partnership with Stephen Morgan of Landmark Chambers
Hazardous substances and planning

The following Planning practice note Produced in partnership with Stephen Morgan of Landmark Chambers provides comprehensive and up to date legal information covering:

  • Hazardous substances and planning
  • Hazardous substances
  • Implementing the Seveso III Directive
  • Planning policy and legislation
  • Hazardous substance consent
  • Rationale for HSC
  • HSC and requirement for planning permission
  • Development proposals around hazardous installations
  • Duty to consult the HSE
  • The HSE's role and methodology
  • 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.

Hazardous substances

Hazardous substances include certain quantities of specified substances considered dangerous to human health and the environment. They are set out in the Planning (Hazardous Substances) Regulations 2015 (PHSR 2015), SI 2015/627 (in England) and the Planning (Hazardous Substances) (Wales) Regulations 2015 (PHSWR 2015), SI 2015/1597 (in Wales) and include ammonium nitrate, bromine, chlorine, and natural gas.

Implementing the Seveso III Directive

The fundamental concern of the planning regime insofar as it affects hazardous substances is to implement the land-use planning objectives of the Seveso III Directive 2012/18/EU (the Archived Seveso III Directive), as it had effect immediately before 11 pm on 31 December 2020, to reduce the risks and consequences of major accidents involving hazardous substances. The planning regime does this by regulating sites and installations where hazardous substances could be present or in the vicinity of which development is proposed in three main ways:

  1. by imposing a requirement

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