6.—(1) Article 15 of the Planning (General Development) Order (Northern Ireland) 1993(1) (consultations as to applications for planning permission) shall be renumbered as paragraph (1) of that Article and for paragraph (1)(b) there shall be substituted—
“(b)consult the Health and Safety Executive for Northern Ireland (HSENI) where—
(i)the development is within an area which has been notified to the Department by HSENI for the purposes of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances and which are present; and which involves the provision of—
(aa)residential accommodation;
(bb)more than 250 square metres of retail floorspace;
(cc)more than 500 square metres of office floor space; or
(dd)more than 500 square metres to be used for an industrial process,
or which is otherwise likely to result in a major increase in the number of persons working within or visiting the notified area; and
(ii)where the development—
(aa)involves the siting of a new establishment; or
(bb)consists of the modification of an existing establishment which could have significant repercussions on major-accident hazards; or
(cc)includes transport links, locations frequented by the public and residential areas in the vicinity of existing establishments, where the siting or development is such as to increase the risk or consequence of a major accident.”.
(2) At the end of Article 15(1) there shall be added—
“(2) The expressions used in paragraph (1)(b)(ii) have the same meaning as in Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances.”
S.R. 1993 No. 278 as amended by S.R. 1998 No. 222 and S.R. 1999 No. 73