The Planning (Hazardous Substances) Regulations 2015

SCHEDULES

Regulation 3

SCHEDULE 1 Hazardous substances and controlled quantities

PART 1 Categories of substances

Column 1 Hazard categories in accordance with the CLP Regulation		Column 2 Controlled quantity (tonnes)
Section ‘H’ – HEALTH HAZARDS
H1 ACUTE TOXIC Category 1, all exposure routes		5
H2 ACUTE TOXIC — Category 2, all exposure routes — Category 3, inhalation exposure route (see note 8)		50
H3 STOT SPECIFIC TARGET ORGAN TOXICITY – SINGLE EXPOSURE STOT SE Category 1		50
Section ‘P’ – PHYSICAL HAZARDS
P1a EXPLOSIVES (see note 9) — Unstable explosives or — Explosives, Division 1.1, 1.2, 1.3, 1.5 or 1.6, or — Substances or mixtures having explosive properties according to method A.14 of Regulation (EC) No 440/2008 laying down test methods pursuant to Regulation (EC) No. 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (see note 10) and do not belong to the hazard classes Organic peroxides or Self-reactive substances and mixtures		10
P1b EXPLOSIVES (see note 9) Explosives, Division 1.4 (see note 11)		50
P2 FLAMMABLE GASES Flammable gases, Category 1 or 2		10
P3a FLAMMABLE AEROSOLS (see note 12(1)) ‘Flammable’ aerosols Category 1 or 2, containing flammable gases Category 1 or 2 or flammable liquids Category 1		150 (net)
P3b FLAMMABLE AEROSOLS (see note 12(1)) ‘Flammable’ aerosols Category 1 or 2, not containing flammable gases Category 1 or 2 nor flammable liquids category 1 (see note 12(2))		5,000 (net)
P4 OXIDISING GASES Oxidising gases, Category 1		50
P5a FLAMMABLE LIQUIDS — Flammable liquids, Category 1, or — Flammable liquids Category 2 or 3 maintained at a temperature above their boiling point, or — Other liquids with a flash point ≤ 60 °C, maintained at a temperature above their boiling point (see note 13)		10
P5b FLAMMABLE LIQUIDS — Flammable liquids Category 2 or 3 where particular processing conditions, such as high pressure or high temperature, may create major-accident hazards, or — Other liquids with a flash point ≤ 60 °C where particular processing conditions, such as high pressure or high temperature, may create major-accident hazards (see note 13)		50
P5c FLAMMABLE LIQUIDS Flammable liquids, Categories 2 or 3 not covered by P5a and P5b		5,000
P6a SELF-REACTIVE SUBSTANCES AND MIXTURES and ORGANIC PEROXIDES Self-reactive substances and mixtures, Type A or B or organic peroxides, Type A or B		10
P6b SELF-REACTIVE SUBSTANCES AND MIXTURES and ORGANIC PEROXIDES Self-reactive substances and mixtures, Type C, D, E or F or organic peroxides, Type C, D, E, or F		50
P7 PYROPHORIC LIQUIDS AND SOLIDS Pyrophoric liquids, Category 1 Pyrophoric solids, Category 1		50
P8 OXIDISING LIQUIDS AND SOLIDS Oxidising Liquids, Category 1, 2 or 3, or Oxidising Solids, Category 1, 2 or 3		50
Section ‘E’ – ENVIRONMENTAL HAZARDS
E1 Hazardous to the Aquatic Environment in Category Acute 1 or Chronic 1		100
E2 Hazardous to the Aquatic Environment in Category Chronic 2		200
Section ‘O’ – OTHER HAZARDS
O1 Substances or mixtures with hazard statement EUH014		100
O2 Substances and mixtures which in contact with water emit flammable gases, Category 1		100
O3 Substances or mixtures with hazard statement EUH029		50

PART 2 Named hazardous substances

Column 1	CAS number(1)	Column 2
Hazardous substances		Controlled quantity (tonnes)
(1) The CAS number is shown only for indication
1.  Ammonium nitrate (see note 14)	-	5,000
2.  Ammonium nitrate (see note 15)	-	1,250
3.  Ammonium nitrate (see note 16)	-	350
4.  Ammonium nitrate (see note 17)	-	10
5.  Potassium nitrate (see note 18)	-	5,000
6.  Potassium nitrate (see note 19)	-	1,250
7.  Arsenic pentoxide, arsenic (V) acid and/or salts	1303-28-2	1
8.  Arsenic trioxide, arsenious (III) acid and/or salts	1327-53-3	0.1
9.  Bromine	7726-95-6	20
10.  Chlorine	7782-50-5	10
11.  Nickel compounds in inhalable powder form: nickel monoxide, nickel dioxide, nickel sulphide, trinickel disulphide, dinickel trioxide	-	1
12.  Ethyleneimine	151-56-4	10
13.  Fluorine	7782-41-4	10
14.  Formaldehyde (concentration ≥ 90%)	50-00-0	5
15.  Hydrogen	1333-74-0	2*
16.  Hydrogen chloride (liquefied gas)	7647-01-0	25
17.  Lead alkyls	-	5
18.  Liquefied flammable gases, Category 1 or 2 (including LPG) and natural gas (see note 20)	-	Natural gas (including liquefied natural gas): 15*
		Liquefied petroleum gas: 25
		Any other liquefied flammable gases: 50
19.  Acetylene	74-86-2	5
20.  Ethylene oxide	75-21-8	5
21.  Propylene oxide	75-56-9	5
22.  Methanol	67-56-1	500
23.  4, 4′-Methylene bis (2-chloraniline) and/or salts, in powder form	101-14-4	0.01
24.  Methylisocyanate	624-83-9	0.15
25.  Oxygen	7782-44-7	200
26.  2,4 -Toluene diisocyanate 2,6 -Toluene diisocyanate	584-84-9 91-08-7	10
27.  Carbonyl dichloride (phosgene)	75-44-5	0.3
28.  Arsine (arsenic trihydride)	7784-42-1	0.2
29.  Phosphine (phosphorus trihydride)	7803-51-2	0.2
30.  Sulphur dichloride	10545-99-0	1
31.  Sulphur trioxide	7446-11-9	15
32.  Polychlorodibenzofurans and polychlorodibenzodioxins (including TCDD), calculated in TCDD equivalent (see note 21)	-	0.001
33.  The following CARCINOGENS or the mixtures containing the following carcinogens at concentrations above 5% by weight: 4-Aminobiphenyl and/or its salts, Benzotrichloride, Benzidine and/or salts, Bis (chloromethyl) ether, Chloromethyl methyl ether, 1,2-Dibromoethane, Diethyl sulphate, Dimethyl sulphate, Dimethylcarbamoyl chloride, 1,2-Dibromo-3-chloropropane, 1,2-Dimethylhydrazine, Dimethylnitrosamine, Hexamethylphosphoric triamide, Hydrazine, 2- Naphthylamine and/or salts, 4-Nitrodiphenyl, and 1,3 Propanesultone	-	0.5
34.  Petroleum products and alternative fuels (a) gasolines and naphthas, (b) kerosenes (including jet fuels), (c) gas oils (including diesel fuels, home heating oils and gas oil blending streams) (d) heavy fuel oils (e) alternative fuels serving the same purposes and with similar properties as regards flammability and environmental hazards as the products referred to in points (a) to (d)	-	2,500
35.  Anhydrous ammonia	7664-41-7	50
36.  Boron trifluoride	7637-07-2	5
37.  Hydrogen sulphide	7783-06-4	5
38.  Piperidine	110-89-4	50
39.  Bis(2-dimethylaminoethyl) (methyl)amin	3030-47-5	50
40.  3-(2-Ethylhexyloxy)propylamin	5397-31-9	50
41.  Mixtures (*) of sodium hypochlorite classified as Aquatic Acute Category 1 [H400] containing less than 5 % active chlorine and not classified under any of the other hazard categories in Part 1 of this Schedule provided that the mixture in the absence of sodium hypochlorite would not be classified as Aquatic Acute Category 1 [H400].	-	200
42.  Propylamine (see note 22)	107-10-8	500
43.  Tert-butyl acrylate (see note 22)	1663-39-4	200
44.  2-Methyl-3-butenenitrile (see note 22)	16529-56-9	500
45.  Tetrahydro-3,5-dimethyl-1,3,5,-thiadiazine-2-thione (Dazomet) (see note 22)	533-74-4	100
46.  Methyl acrylate (see note 22)	96-33-3	500
47.  3-Methylpyridine (see note 22)	108-99-6	500
48.  1-Bromo-3-chloropropane (see note 22)	109-70-6	500

PART 3 Substances used in processes

Column 1 Hazardous substances	Column 2 Controlled quantity
Where it is reasonable to foresee that a substance falling within Part 1 or Part 2 (“HS”) may be generated during loss of control of the processes, including storage activities in any installation within an establishment, any substance which is used in that process (“S”).	The amount of S which it is believed may generate (on its own or in combination with other substances used in the relevant process) an amount equal to or exceeding the controlled quantity of the HS in question.

PART 4 Notes to Parts 1 to 3

1.  Substances and mixtures are classified in accordance with the CLP Regulation.

2.  Mixtures shall be treated in the same way as pure substances provided they remain within concentration limits set according to their properties under the CLP Regulation, or its latest adaptation to technical progress, unless a percentage composition or other description is specifically given.

3.  Expressions appearing both in this Schedule and in the Directive have the same meaning for the purposes of this Schedule as they have for the purposes of the Directive.

4.  The controlled quantities set out in Parts 1 to 3 of this Schedule relate to each establishment.

The quantities to be considered for the application of these Regulations are the maximum quantities which are present or are likely to be present at any one time.

5.  The following rule governing the addition of hazardous substances, or categories of hazardous substances, applies where appropriate.

In the case of an establishment where no individual hazardous substance is present in a quantity above or equal to the relevant controlled quantity, the following rule must be applied to determine whether the establishment is covered by the relevant requirements of these Regulations.

These Regulations apply to establishments if the sum

q₁/Q_L1 + q₂/Q_L2 + q₃/Q_L3 + q₄/Q_L4 + q₅/Q_L5 + … is greater than or equal to 1,

where

q_x = the quantity of hazardous substance x (or category of hazardous substances) falling within Part 1 or Part 2 of this Schedule; and

Q_LX = the relevant controlled quantity for hazardous substance x (or category of hazardous substances x) from Column 2 of Part 1 or from Column 2 of Part 2 of this Schedule (except for those substances for which column 2 contains a quantity Q*, in which case, for Hydrogen, Q is equal to 5, and for Natural Gas (including liquefied natural gas), Q is equal to 50).

This rule must be used to assess the health hazards, physical hazards and environmental hazards. It must therefore be applied three times—

(a) for the addition of hazardous substances listed in Part 2 that fall within acute toxicity category 1, 2 or 3 (inhalation route) or STOT SE category 1, together with hazardous substances falling within section H, entries H1 to H3 of Part 1;

(b) for the addition of hazardous substances listed in Part 2 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, together with hazardous substances falling within section P, entries P1 to P8 of Part 1;

(c) for the addition of hazardous substances listed in Part 2 that fall within hazardous to the aquatic environment acute category 1, chronic category 1 or chronic category 2, together with hazardous substances falling within section E, entries E1 and E2 of Part 1.

The relevant provisions of these Regulations apply where any of the sums obtained by (a), (b) or (c) is greater than or equal to 1.

6.  In the case of hazardous substances which are not covered by the CLP Regulation, including waste, but which nevertheless are present, or are likely to be present, in an establishment and which possess or are likely to possess, under the conditions found at the establishment, equivalent properties in terms of major accident potential, these must be provisionally assigned to the most analogous category or named hazardous substance falling within the scope of these Regulations.

7.  In the case of hazardous substances with properties giving rise to more than one classification, for the purposes of these Regulations the lowest controlled quantities apply. However, for the application of the rule in note 5, the lowest controlled quantity for each group of categories in notes 5(a), 5(b) and 5(c) corresponding to the classification concerned must be used.

8.  Hazardous substances that fall within Acute Toxic Category 3 via the oral route (H 301) fall under entry H2 ACUTE TOXIC in those cases where neither acute inhalation toxicity classification nor acute dermal toxicity classification can be derived, for example due to lack of conclusive inhalation and dermal toxicity data.

9.  The hazard class Explosives includes explosive articles (see Section 2.1 of Annex I to the CLP Regulation). If the quantity of the explosive substance or mixture contained in the article is known, that quantity must be considered for the purposes of these Regulations. If the quantity of the explosive substance or mixture contained in the article is not known, then, for the purposes of these Regulations, the whole article must be treated as explosive.

10.  Testing for explosive properties of substances and mixtures is only necessary if the screening procedure according to Appendix 6, Part 3 of the UN Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria (UN Manual of Tests and Criteria)(1) identifies the substance or mixture as potentially having explosive properties.

11.  If Explosives of Division 1.4 are unpacked or repacked, they shall be assigned to the entry P1a, unless the hazard is shown to still correspond to Division 1.4, in accordance with the CLP Regulation.

12.—(1) Flammable aerosols are classified in accordance with the Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers(2)(Aerosol Dispensers Directive). “Extremely flammable” and “Flammable” aerosols of Directive 75/324/EEC correspond to Flammable Aerosols Category 1 or 2 respectively of the CLP Regulation.

(2) In order to use this entry, it must be documented that the aerosol dispenser does not contain Flammable Gas Category 1 or 2 nor Flammable Liquid Category 1.

13.  According to paragraph 2.6.4.5 in Annex I to the CLP Regulation, liquids with a flash point of more than 35 °C need not be classified in Category 3 if negative results have been obtained in the sustained combustibility test L.2, Part III, section 32 of the UN Manual of Tests and Criteria. This is however not valid under elevated conditions such as high temperature or pressure, and therefore such liquids are included in this entry.

14.  Ammonium nitrate (5,000/10,000): fertilisers capable of self-sustaining decomposition

This applies to ammonium nitrate-based compound/composite fertilisers (compound/composite fertilisers contain ammonium nitrate with phosphate and/or potash) which are capable of self-sustaining decomposition according to the UN Trough Test (see UN Manual of Tests and Criteria, Part III, subsection 38.2), and in which the nitrogen content as a result of ammonium nitrate is—

(a) between 15.75%(3) and 24.5%(4) by weight, and either with not more than 0.4% total combustible/organic materials or which fulfil the requirements of Annex III-2 to Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers(5);

(b) 15.75% by weight or less and unrestricted combustible materials.

15.  Ammonium nitrate (1,250/5,000): fertiliser grade

This applies to straight ammonium nitrate-based fertilisers and to ammonium nitrate-based compound/composite fertilisers which fulfil the requirements of Annex III-2 to Regulation (EC) No 2003/2003 and in which the nitrogen content as a result of ammonium nitrate is—

(a) more than 24.5% by weight, except for mixtures of straight ammonium nitrate based fertilisers with dolomite, limestone and/or calcium carbonate with a purity of at least 90%;

(b) more than 15.75% by weight for mixtures of ammonium nitrate and ammonium sulphate;

(c) more than 28%⁽⁶⁾ by weight for mixtures of straight ammonium nitrate-based fertilisers with dolomite, limestone and/or calcium carbonate with a purity of at least 90%.

16.  Ammonium nitrate (350/2,500): technical grade

This applies to ammonium nitrate and mixtures of ammonium nitrate in which the nitrogen content as a result of the ammonium nitrate is—

(a) between 24.5% and 28% by weight, and which contain not more than 0.4% combustible substances;

(b) more than 28% by weight, and which contain not more than 0.2% combustible substances.

It also applies to aqueous ammonium nitrate solutions in which the concentration of ammonium nitrate is more than 80% by weight.

17.  Ammonium nitrate (10/50): ‘off-specs’ material and fertilisers not fulfilling the detonation test.

This applies to—

(a) material rejected during the manufacturing process and to ammonium nitrate and mixtures of ammonium nitrate, straight ammonium nitrate-based fertilisers and ammonium nitrate-based compound/composite fertilisers referred to in notes 14 and 15, that are being or have been returned from the final user to a manufacturer, temporary storage or reprocessing plant for reworking, recycling or treatment for safe use, because they no longer comply with the specifications of notes 14 and 15;

(b) fertilisers referred to in note 13(a), and note 14(a) to this Schedule which do not fulfil the requirements of Annex III-2 to Regulation (EC) No 2003/2003.

18.  Potassium nitrate (5,000/10,000)

This applies to those composite potassium-nitrate based fertilisers (in prilled/granular form) which have the same hazardous properties as pure potassium nitrate.

19.  Potassium nitrate (1,250/5,000)

This applies to those composite potassium-nitrate based fertilisers (in crystalline form) which have the same hazardous properties as pure potassium nitrate.

20.  Upgraded biogas

For the purpose of the implementation of these Regulations, upgraded biogas may be classified under entry 18 of Part 2 of this Schedule where it has been processed in accordance with applicable standards for purified and upgraded biogas ensuring a quality equivalent to that of natural gas, including the content of Methane, and which has a maximum of 1% Oxygen.

21.  Polychlorodibenzofurans and polychlorodibenzodioxins

The quantities of polychlorodibenzofurans and polychlorodibenzodioxins are calculated using the following factors:

(1) Van den Berg et al: The 2005 World Health Organisation Re-evaluation of Human and Mammalian Toxic Equivalency Factors for Dioxins and Dioxin-like Compounds
WHO 2005 TEF(1)
2,3,7,8-TCDD	1	2,3,7,8-TCDF	0.1
1,2,3,7,8-PeCDD	1	2,3,4,7,8-PeCDF	0.3
		1,2,3,7,8-PeCDF	0.03
1,2,3,4,7,8-HxCDD	0.1
1,2,3,6,7,8-HxCDD	0.1	1,2,3,4,7,8-HxCDF	0.1
1,2,3,7,8,9-HxCDD	0.1	1,2,3,7,8,9-HxCDF	0.1
		1,2,3,6,7,8-HxCDF	0.1
1,2,3,4,6,7,8-HpCDD	0.01	2,3,4,6,7,8-HxCDF	0.1
OCDD	0.0003	1,2,3,4,6,7,8-HpCDF	0.01
		1,2,3,4,7,8,9-HpCDF	0.01
		OCDF	0.0003
(T = tetra, P = penta, Hx = hexa, Hp = hepta, O = octa)

22.  In cases where this hazardous substance falls within category P5a Flammable liquids or P5b Flammable liquids, then for the purposes of these Regulations the lower controlled quantity applies.

23.  Where a hazardous substance falls within both Parts 1 and 2 of this Schedule, the controlled quantity in Part 2 applies.

24.  In relation to Part 3—

(a) where S also falls within Part 1 or Part 2, the classification with the lowest controlled quantity applies; and

(b) where S also falls within Part 1 and Part 2, the controlled quantity which is lowest when the controlled quantities under Part 2 and Part 3 are compared applies.

Regulation 4

SCHEDULE 2 Exemptions

Loading, unloading and intermediate storage

1.  Subject to paragraph 2, hazardous substances consent is not required for the temporary presence of a hazardous substance during the period between its being unloaded from one means of transport and loaded onto another, including if it is in directly related intermediate temporary storage, while it is being transported from one place to another.

2.  Paragraph 1 does not apply if the substance referred to in paragraph 1 is present on, over or under land in respect of which—

(a) there is a hazardous substances consent for any substance; or

(b) (not taking into account the quantity of the substance being transported) there is required to be such a consent for any substance.

Pipelines

3.  Hazardous substances consent is not required for the presence of a hazardous substance where it is being transported in a pipeline, including a pumping station, outside any land in respect of which—

(a) there is a hazardous substances consent for any substance, or

(b) (not taking into account the quantity of the substance in the pipeline or pumping station) there is required to be such a consent for any substance.

Emergency unloading from ships

4.  Hazardous substances consent is not required for the presence of a hazardous substance which has been unloaded from a ship or other sea going craft in an emergency until the expiry of the period of 14 days beginning with the day it was unloaded.

5.  For the purpose of paragraph 4, a substance is to be treated as having been unloaded from a craft in an emergency if—

(a) it was unloaded from a craft to which a direction under section 3(1) of the Dangerous Vessels Act 1985(7) (directions by Secretary of State to harbour master) applied; or

(b) it was unloaded from a craft after having been brought into a harbour or harbour area, within the meaning of regulation 2 of the Dangerous Substances in Harbour Areas Regulations 1987(8), without requiring notification under paragraph (1) of regulation 6 of those Regulations by virtue of an exemption under paragraph (5) of that regulation.

Landfill sites

6.  Subject to paragraph 7, hazardous substances consent is not required for the presence of a hazardous substance on, over or under land at a waste land-fill site, including underground waste storage.

7.  Paragraph 6 does not apply to—

(a) a site used for the storage of metallic mercury pursuant to Article 3(1)(b) of Regulation (EC) No 1102/2008 of the European Parliament and of the Council on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury(9);

(b) onshore underground gas storage in natural strata, aquifers, salt cavities and disused mines;

(c) chemical and thermal processing operations and storage related to those operations; or

(d) operational tailings disposal facilities, including tailing ponds or dams, containing a hazardous substance.

Nuclear sites

8.  Hazardous substances consent is not required for the presence of a hazardous substance which creates a hazard from ionising radiation if present on, over or under land in respect of which a nuclear site licence has been granted or is required for the purposes of section 1 of the Nuclear Installations Act 1965(10).

Minerals

9.  Hazardous substances consent is not required for the presence of a hazardous substance for the purposes of the exploitation, namely the exploration, extraction and processing, of minerals in mines and quarries, including by means of boreholes, except where present in connection with the matters referred to in paragraphs 7(b) to (d) of this Schedule.

10.  Hazardous substances consent is not required for the presence of a hazardous substance for the purposes of—

(a) the offshore exploration and exploitation of minerals, including hydrocarbons; or

(b) the storage of gas at underground offshore sites including both dedicated storage sites and sites where exploration and exploitation of minerals, including hydrocarbons are also carried out.

Explosives

11.  Hazardous substances consent is not required for the presence of an explosive within the meaning of regulation 2(1) of the Explosives Regulations 2014(11) in relation to which—

(a) a licence is required and has been granted under those Regulations by the Health and Safety Executive where it is the licensing authority by virtue of—

(i) paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations, or

(ii) paragraph 1(d) of Schedule 1 to those Regulations; or

(b) a licence is required and has been granted under those Regulations by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations.

12.  Hazardous substance consent is not required where an explosive license within the meaning of regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations 1987(12) has been issued.

Presence of established substances

13.  Hazardous substances consent is not required in relation to a hazardous substance which is on, over or under any land (“the relevant substance”) if—

(a) the relevant substance was present on, over or under the land at any time during the establishment period;

(b) hazardous substances consent was not required for the presence of the relevant substance at the time it was present during the establishment period; and

(c) hazardous substances consent would have been required for the presence of the relevant substance had these Regulations been in force at that time.

14.  Paragraph 13 does not apply where the quantity of the relevant substance exceeds the maximum quantity of the relevant substance which was present on, over or under the land at any one time during the establishment period.

Presence of exempted substances

15.  The presence of a substance for which an exemption is provided under paragraphs 1 to 14 is not be taken into account when calculating the quantity of a hazardous substance present on, over or under land for any purpose of the Act or these Regulations.

Presence of small quantities of substances

16.  The presence of a quantity of a hazardous substance—

(a) in a location where it cannot act as an initiator of a major accident elsewhere on the relevant site, and

(b) which is equal to or less than two per cent of the relevant controlled quantity for that substance,

is not to be taken into account when calculating the quantity of a hazardous substance present on, over or under land for any purpose of the Act or these Regulations.

Minor changes to types and quantities of substances

17.  Where the conditions in paragraph 18 are met, hazardous substances consent is not required for a relevant minor change.

18.  The conditions are—

(a) that before the relevant minor change occurs, the hazardous substances authority receives from the COMAH competent authority notice in writing (which has been copied to the person in control of the land to which the hazardous substances consent in question relates) confirming—

(i) details of the relevant minor change, including details about how substances are to be kept and used;

(ii) that the relevant minor change will not result in a safety hazard change; and

(iii) that the relevant minor change will not result in a lower-tier establishment becoming an upper-tier establishment or vice versa; and

(b) that any hazardous substances that are held without hazardous substances consent in reliance on this exemption are kept and used in accordance with the details set out in the notice from the COMAH competent authority.

Interpretation of this Schedule

19.  In this Schedule—

“establishment period” means the period of 12 months ending on—

(a)

the commencement date; or

(b)

(if later) the date on which hazardous substances consent was first required for the relevant substance;

“relevant minor change” means a change to the quantity or type of hazardous substances present on, over or under land in relation to which there is a hazardous substances consent, where hazardous substances consent would be required for that change but for this regulation;

“safety hazard change” means a change to an area notified to a local planning authority by the Health and Safety Executive or the Office of Nuclear Regulation for the purposes of paragraphs (e) or (f) of the Table in Schedule 4 to the Town and Country Planning (Development Management Procedure) (England) Order 2015(13), where that change results in—

(a)

that area encompassing any area which it did not previously encompass; or

(b)

where the notification of that area included the identification of zones within that area corresponding to levels of risk, the expansion of any such zone.

20.  Expressions appearing both in this Schedule and in the Directive have the same meaning for the purposes of this Schedule as they have for the purposes of the Directive.

Regulations 6(4), 7, 13(4) and 13(5)

SCHEDULE 3 Prescribed forms, notices and certificates

Regulations 15, 17, 18 and 19(1)

SCHEDULE 4 Enforcement – application of the principal Act

PART 1 Appeals against hazardous substances contravention notices

1.  Section 174 of the principal Act (appeals against enforcement notice) applies but as if—

(a) in subsection (1), for “an enforcement notice” there were substituted “a hazardous substances contravention notice”;

(b) for subsection (2) there were substituted—

“(2) An appeal may be brought on any of the following grounds-

(a) that, in respect of any contravention of hazardous substances control specified in the notice, hazardous substances consent ought to be granted for the quantity of the hazardous substance present on, over or under the land or, as the case may be, the condition concerned ought to be discharged;

(b) that the matters alleged to constitute a contravention of hazardous substances control have not occurred;

(c) that those matters (if they occurred) do not constitute a contravention of hazardous substances control;

(d) that copies of the hazardous substances contravention notice were not served as required by or under section 24(4) of the Planning (Hazardous Substances) Act 1990;

(e) that the steps required by the notice to be taken exceed what is necessary to remedy any contravention of hazardous substances control;

(f) that any period specified in the notice in accordance with section 24(5)(b) of that Act falls short of what should reasonably be allowed.”;

(c) subsections (2A), (2B) and (2C) were omitted;

(d) in subsection (3)(a), for “enforcement notice” there were substituted “hazardous substances contravention notice”;

(e) for subsection (4) there were substituted—

“(4) A notice under subsection (3) shall be accompanied by a copy of the hazardous substances contravention notice, together with a statement—

(a) specifying the grounds on which the appeal is being made against the hazardous substances contravention notice; and

(b) setting out the appellant’s submissions in relation to each ground of appeal.”;

(f) in subsection (5), after “does not” and “failed” there were inserted “in that statement” and “within the prescribed time” and “within that time” were omitted;

(g) in subsection (6), for “enforcement notice” there were substituted “hazardous substances contravention notice”.

2.  Section 175 of the principal Act (appeals: supplementary provisions) applies but as if—

(a) in subsections (1), (4) and (5), for “enforcement notice” there were substituted “hazardous substances contravention notice”;

(b) in subsection (3), for “local planning authority” there were substituted “hazardous substances authority”;

(c) subsection (3A) were omitted;

(d) in subsection (6), for “any other provisions of this Act” there were substituted “section 25(1) of the Planning (Hazardous Substances) Act 1990”.

3.  Section 176 of the principal Act (general provisions relating to determination of appeals) applies but as if—

(a) in subsection (1)—

(i) for “enforcement notice” in both places where it occurs, there were substituted “hazardous substances contravention notice”;

(ii) for “local planning authority” there were substituted “hazardous substances authority”;

(b) in subsection (3)—

(i) in paragraph (a) “within the prescribed time” were omitted;

(ii) for paragraph (b) there were substituted—

“(b) may allow an appeal and quash the hazardous substances contravention notice if the hazardous substances authority fail to comply with regulation 16(2) of the Planning (Hazardous Substances) Regulations 2015.”

(c) in subsections (4) and (5), for “enforcement notice” there were substituted “hazardous substances contravention notice”.

4.  Section 177 of the principal Act (grant or modification of planning permission on appeal against enforcement notice) but as if—

(a) for subsection (1) there were substituted —

“(1) On the determination of an appeal under section 174, the Secretary of State may—

(a) grant hazardous substances consent for the presence of the hazardous substance on, over or under the land to which the hazardous substances contravention notice relates or on, over or under part of that land;

(b) discharge any condition subject to which hazardous substances consent was granted.”;

(b) subsections (1A) and (1B) were omitted;

(c) for subsection (2) there were substituted —

“(2) In considering whether to grant hazardous substances consent under subsection (1), the Secretary of State shall have regard to the considerations specified in section 9(2) of the Planning (Hazardous Substances) Act 1990.”

(d) in subsection (3), for “planning permission” in both places where it occurs there were substituted “hazardous substances consent” and for “Part III” there were substituted “the Planning (Hazardous Substances) Act 1990”;

(e) in subsection (4) “or limitation” were omitted in both places where it occurs;

(f) for subsection (5) there were substituted—

“(5) where an appeal against a hazardous substances contravention notice is brought under section 174, the appellant shall be deemed to have made an application for hazardous substances consent in respect of the matters specified in the hazardous substances contravention notice as constituting a contravention of hazardous substances control.”

(g) in subsection (5A), for “section 303” there were substituted “section 26A of the Planning (Hazardous Substances) Act 1990”;

(h) in subsections (6) and (7), for “planning permission” there were substituted “hazardous substances consent”;

(i) for subsection (8) there were substituted—

“(8) For the purposes of section 28 of the Planning (Hazardous Substances) Act 1990 the Secretary of State’s decision shall be treated as having been given by him in dealing with an application for hazardous substances consent made to the hazardous substances authority.”

PART 2 Effect of hazardous substances contravention notices, etc.

5.  Section 178 of the principal Act (execution and cost of works required by enforcement notices) has effect but as if—

(a) for “an enforcement notice” in each place where it occurs there were substituted “a hazardous substances contravention notice”;

(b) for “local planning authority” in each place where it occurs there were substituted “hazardous substances authority”;

(c) in subsection (2) for “breach of planning control” in both places where it occurs there were substituted “contravention of hazardous substances control”;

(d) in subsection (4) for “the enforcement notice” there were substituted “the hazardous substances contravention notice”;

(e) after subsection (6) there were inserted—

“(7) Where different periods are specified for different steps under section 24(5)(b) of the Planning (Hazardous Substances) Act 1990 in relation to a hazardous substances contravention notice, references in this section and in section 179 to the period for compliance with a hazardous substances contravention notice, in relation to any step, are to the period at the end of which the step is required to have been taken.”

6.  Section 179 (offence where enforcement notice not complied with) has effect but as if—

(a) for subsection (1) there were substituted—

“(1) Where, at any time after the end of the period for compliance with a hazardous substances contravention notice, any steps required by the notice to be taken have not been taken, the person who is then the owner of the land and any person other than the owner who is in control of the land is in breach of the notice.”;

(b) in subsection (2) for “the owner of the land” there were substituted “a person” and for “an enforcement notice” substitute “a hazardous substances contravention notice”;

(c) subsections (4) and (5) were omitted;

(d) in subsection (6) “or (5)” were omitted;

(e) in subsection (7)(a) for “enforcement notice” there were substituted “hazardous substance contravention notice”.

7.  Section 180 (effect of planning permission etc. on enforcement or breach of condition notice) has effect but as if—

(a) for subsection (1) there were substituted—

“(1) Where, after the service of a copy of a hazardous substances contravention notice, hazardous substances consent is granted for the presence of a hazardous substance on, over or under the land to which the notice relates, the notice shall cease to have effect so far as inconsistent with that consent.”;

(b) subsection (2) were omitted;

(c) in subsection (3), for “enforcement notice or breach of conditions notice” there were substituted “a hazardous substances contravention notice”.

8.  Section 181 (enforcement notice to have effect against subsequent development) has effect but as if it read—

“(1) Compliance with a hazardous substances contravention notice shall not discharge the notice.

(2) Without prejudice to subsection (1), where a provision of a hazardous substances contravention notice requires a hazardous substance to be removed from the land to which the notice relates, the presence on, over or under that land of a quantity of that substance equal to or exceeding its controlled quantity, at any time after the substance has been removed in compliance with the hazardous substances contravention notice, shall be in contravention of that notice.

(3) Without prejudice to subsection (1), where a provision of a hazardous substances contravention notice requires the quantity of a hazardous substance on, over or under the land to which the notice relates to be reduced below a specified quantity (being greater than the controlled quantity), the presence on, over or under that land of a quantity of that substance equal to or in excess of the specified quantity at any time after the quantity of that substance has been reduced below the specified quantity in compliance with the hazardous substances contravention notice, shall be in contravention of that notice.

(4) Without prejudice to subsection (1), where a provision of a hazardous substances contravention notice requires steps to be taken to remedy a failure to comply with a condition subject to which a hazardous substances consent was granted, after those steps have been taken no further steps shall be taken which would constitute a breach of that condition, and the taking of such further steps shall be in contravention of that notice.

(5) Sections 178 and 179 shall apply to the contravention of a hazardous substances contravention notice to which this section applies as if the period for compliance with the notice had expired on the date the contravention took place, but the hazardous substances authority shall not enter the land under section 178(1) without, at least 28 days before their entry, serving on the owner or occupier of the land a notice of their intention to do so.”

PART 3 Registers

9.  Section 188 of the principal Act (register of enforcement and stop notices) has effect but as if—

(a) for subsections (1) and (2) there were substituted—

“(1) Every hazardous substances authority shall keep an enforcement register containing the following information in respect of each hazardous substances contravention notice issued by them—

(a) the address of the land to which the notice relates;

(b) the date of service of copies of the notice;

(c) a statement of the alleged contravention of hazardous substances control, the steps required by the notice to remedy the contravention, and the period within which such steps are to be taken;

(d) the date specified in the notice as the date on which it is to take effect;

(e) the date and effect of any variation of the notice;

(f) the date of any appeal to the Secretary of State against the notice and the date of the final determination of the appeal.

(1A) The entry relating to the hazardous substances contravention notice and everything relating to any such notice shall—

(a) include the category in Column 1 of Part 1 of Schedule 1 to the Planning (Hazardous Substances) Regulations 2015 into which any substance in the notice falls; and

(b) be removed from the register if the notice is quashed by the Secretary of State or withdrawn.

(1B) The register shall include an index to enable any person to trace an entry in the register.

(1C) Every entry in the register shall be made within 14 days of the relevant information being available to the hazardous substances authority.

(2) The register shall be kept at the principal office of the hazardous substances authority. ”; and

(b) paragraph (4) were omitted.

PART 4 Validity

10.  Section 285 of the principal Act (validity of enforcement notices and similar notices) applies but as if—

(a) in subsection (1), for “an enforcement notice” there were substituted “a hazardous substances contravention notice”;

(b) in subsection (2), for “enforcement notice” in each place where it occurs there were substituted “hazardous substances contravention notice”;

(c) subsections (3) and (4) were omitted.

11.  Section 289 of the principal Act (appeals to the High Court relating to enforcement notices etc.) applies but as if—

(a) in subsections (1), (4A) and (5A) for “an enforcement notice” in each place where it occurs there were substituted “a hazardous substances contravention notice” and in subsections (1) and (4A) for “local planning authority” in each place where it occurs there were substituted “hazardous substances authority”;

(b) subsections (2) and (4B) were omitted.

Regulation 33

SCHEDULE 5 Amendments

Amendment of the Town and Country Planning (London Spatial Development Strategy) Regulations 2000

1.—(1) The Town and Country Planning (London Spatial Development Strategy) Regulations 2000(14) are amended as follows.

(2) In regulation 6 (regard to be had to certain matters and statement of regard)—

(a) in paragraph (1), for paragraphs (b) and (c) substitute—

“(b) the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment;

(c) the need, in the long term—

(i) to maintain appropriate safety distances between establishments and residential areas, buildings and areas of public use, recreational areas, and, as far as possible, major transport routes;

(ii) to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate through appropriate safety distances or other relevant measures;

(iii) in the case of existing establishments, to take additional technical measures, in accordance with Article 5 of Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, so as not to increase the risks to human health and the environment.”

(b) in paragraph (2), for “Council Directive 96/82/EC” substitute “Directive 2012/18/EU”.

Amendment of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

2.—(1) The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006(15) are amended as follows.

(2) In rule 10 (documents accompanying application), in paragraph (7)—

(a) omit subparagraph (a); and

(b) in subparagraph (b), for “in such one or more of regulations 5(1)(b), 5(2)(b) and 5(3)(b) of those Regulations” substitute “regulation 5(1)(c), 5(1)(d), 5(2)(c) to (h) and 5(3)(c) to (g) of the Planning (Hazardous Substances) Regulations 2015”.

(3) In the table in Schedule 5 (those to be served with a copy of the application and documents), after the row numbered 21, insert—

“21A. A relevant project as defined in regulation 26(5) of the Planning (Hazardous Substances) Regulations 2015.	21A. The COMAH competent authority as defined in regulation 2(1) of those Regulations.”

Amendment of the Town and Country Planning (Mayor of London) Order 2008

3.—(1) The Town and Country Planning (Mayor of London) Order 2008(16) is amended as follows.

(2) In article 6 (Mayor’s power to direct refusal of a PSI application) for paragraphs (2)(h) and (2)(i), substitute—

“(h) the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment;

(i) the need, in the long term—

(i) to maintain appropriate safety distances between establishments and residential areas, buildings and areas of public use, recreational areas, and, as far as possible, major transport routes;

(ii) to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate through appropriate safety distances or other relevant measures; and

(iii) in the case of existing establishments, to take additional technical measures, in accordance with Article 5 of Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, so as not to increase the risks to human health and the environment.”

(3) In paragraph (3), for “Council Directive 96/82/EC” substitute “Directive 2012/18/EU”.

Amendment of the Town and Country Planning (Local Planning) (England) Regulations 2012

4.—(1) The Town and Country Planning (Local Planning) (England) Regulations 2012(17) are amended as follows.

(2) In regulation 10 (Local plans and supplementary planning documents: additional matters to which regard is to be had)—

(a) for paragraph (1)(b) substitute—

“(b) the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment by pursuing those objectives through the controls described in Article 13 of Council Directive 2012/18/EU;”

(b) for paragraph (1)(c) substitute—

“(c) the need, in the long term—

(i) to maintain appropriate safety distances between establishments and residential areas, buildings and areas of public use, recreational areas, and, as far as possible, major transport routes;

(ii) to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate through appropriate safety distances or other relevant measures;

(ii) in the case of existing establishments, to take additional technical measures, in accordance with Article 5 of Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, so as not to increase the risks to human health and the environment.”

(c) in paragraph (2), for “Council Directive 96/82/ EC (as amended by Council Directive 2003/105/EC)” substitute “Directive 2012/18/EU”.

(1)

More guidance on waiving of the test can be found in the A.14 method description in the Annex to Council Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration Evaluation, Authorisation and Restriction of Chemicals (REACH) (O.J. L 142, 31.5.2008, p. 1).

(2)

O.J. L 147, 9.6.1975, p. 40.

(3)

15.75% nitrogen content by weight as a result of ammonium nitrate corresponds to 45% ammonium nitrate.

(4)

24.5% nitrogen content by weight as a result of ammonium nitrate corresponds to 70% ammonium nitrate.

(5)

O.J. L 304, 21.11.2003, p. 1.

(6)

28% nitrogen content by weight as a result of ammonium nitrate corresponds to 80% ammonium nitrate.

(7)

1985 c. 22.

(8)

S.I. 1987/37, to which there are amendments not relevant to these Regulations.

(9)

O.J. L 304, 14.11.2008, p. 75.

(10)

1965 c. 57; section 1 was substituted by paragraphs 16 and 17 of Schedule 12 to the Energy Act 2013 (c. 32).

(11)

S.I. 2014/1638.

(12)

S.I. 1987/37, to which there are amendments not relevant to these Regulations.

(13)

S.I.2015/595.

(14)

S.I. 2000/1491.

(15)

S.I. 2006/1466.

(16)

S.I. 2008/580.

(17)

S.I. 2012/767.