The Planning (Hazardous Substances) (No. 2) Regulations (Northern Ireland) 2015

PART 4 Policies and public participation

Policies

17.—(1) In formulating any relevant policy, the Department must ensure that the following matters are taken into account—

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

(b) the matters referred to in Article 13(2) of the Directive.

(2) In this regulation, “relevant policy” means—

(a) any policy referred to in section 1(1) (general functions of department with regard to development of land); and

(b) any policy referred to in section 8(5)(b) (plan strategy) and 9(6)(b) (local policies plan).

Plans and programmes

18.—(1) Subject to paragraph (3) this regulation applies where a responsible authority proposes to prepare, modify or review a relevant plan or programme.

(2) Where this regulation applies, the responsible authority must—

(a) take such measures as it considers appropriate to ensure that public consultees are given early and effective opportunities to participate in the preparation, modification or review of the relevant plan or programme; and

(b) in doing so, take such measures as it considers appropriate to ensure that—

(i) public consultees are informed of any proposals to prepare, modify or review a relevant plan or programme;

(ii) relevant information about such proposals is made available to public consultees, including information about the right to participate in decision-making and about the authority to which comments or questions may be submitted;

(iii) public consultees are entitled to express comments and opinions when all options are open before decisions on the relevant plan or programme are made; and

(iv) any periods provided for public participation under this regulation allow public consultees sufficient time to prepare and participate in decision-making in relation to the relevant plan or programme;

(c) take into account the results of the public participation in making those decisions; and

(d) take such measures as it considers appropriate to inform the public consultees about the decisions taken and the reasons and considerations on which those decisions are based, including information about the public participation process.

(3) This regulation does not apply to a relevant plan or programme in relation to which a public participation procedure is carried out under Part 3 of the Environmental Assessment of Plans and Programmes Regulations (Northern Ireland) 2004(1).

(4) This regulation applies to a relevant plan or programme relating solely to the whole or any part of Northern Ireland.

(5) Any steps taken before the commencement of these Regulations in relation to a relevant plan or programme may be treated as steps taken for the purposes of this regulation.

(6) In this regulation—

“public consultees” means persons of whom the responsible authority is aware, including any non-governmental organisation promoting environmental protection, who are affected or likely to be affected by, or have an interest in, the relevant plan or programme in question;

“relevant plan or programme” means a general plan or programme relating to—

(a)

planning for new establishments pursuant to Article 13 of the Directive, or

(b)

new developments around establishments where the siting or developments may increase the risk or consequences of a major accident pursuant to Article 13 of the Directive; and

“responsible authority” means—

(a)

the authority by which or on whose behalf a relevant plan or programme is prepared; and

(b)

where, at any particular time, that authority ceases to be responsible, or solely responsible, for taking steps in relation to the plan or programme, the person who, at that time, is responsible (solely or jointly with the authority) for taking those steps.

Other planning approvals for projects

19.—(1) Subject to paragraph (4), this regulation applies where consent, permission or other authorisation for a relevant project is sought from the competent authority.

(2) A competent authority must, before deciding to give any consent, permission or other authorisation for a relevant project, take such measures as it considers appropriate to ensure that—

(a) the public is informed by public notices or other appropriate means, including electronic media where available, of the following matters early in the procedure for the taking of a decision or, at the latest, as soon as the information can reasonably be provided—

(i) the subject of the relevant project;

(ii) where applicable, the fact that a project is subject to a national or transboundary environmental impact assessment or to consultations with Member States in accordance with Article 14(3) of the Directive;

(iii) details of the competent authority responsible for taking the decision, from which relevant information can be obtained and to which comments or questions can be submitted;

(iv) an indication of the times and places where, or means by which, the relevant information will be made available;

(v) details of the period for transmitting comments and questions; and

(vi) the nature of possible decisions or, where there is one, the draft decision;

(b) the Department and the Health and Safety Executive for Northern Ireland are consulted about the project;

(c) the main reports and advice issued to the competent authority at the time when the pubic concerned was informed pursuant to paragraph (2)(a) are made available to the public concerned at that time;

(d) the public concerned is entitled to express comments and opinions to the competent authority before a decision is taken; and

(e) the results of the consultations held pursuant to this regulation are taken into account in the taking of a decision.

(3) After deciding whether to give any consent, permission or other authorisation for a relevant project, the competent authority must make available to the public—

(a) the content of the decision and the reasons on which it is based, including any subsequent updates;

(b) the results of the consultations held before the decision was taken and an explanation of how they were taken into account in that decision.

(4) To the extent that the competent authority is already required by any enactment to take any of the actions set out in paragraphs (2) and (3) of this regulation, those paragraphs do not apply.

(5) In this regulation—

“competent authority” means the council, the planning appeals commission, or as the case may be the Department with responsibility for deciding whether to give a consent, permission or other authorisation referred to in paragraph (1).

“the public concerned” means persons, including any non-governmental organisation promoting environmental protection, who are affected or likely to be affected by, or have an interest in, the taking of a decision to give the consent, permission or other authorisation referred to in paragraph (1); and

“relevant project” means development falling within paragraphs 2(a) and (b) of Parts 1 and 2 of Schedule 3 to the General Development Procedure Order.

(6) In this regulation, a reference to giving consent, permission or other authorisation means—

(a) granting planning permission on an application under Part 3 of the 2011 Act (planning control);

(b) granting planning permission on an application under section 213 (urgent crown development);

(c) granting planning permission, or upholding the decision of the council to grant planning permission (whether or not subject to the same conditions and limitations as those imposed by the council), on determining an appeal under section 58 (appeals) in respect of such an application;

(d) granting planning permission under section 145(1)(a) (appeal against enforcement notice – supplementary provisions relating to planning permission);

(e) making—

(i) a special development order under section 32(3)(b) (development orders);

(ii) a simplified planning zone scheme under section 33 (simplified planning zones);

(iii) an order designating an enterprise zone under article 7 of The Enterprise Zones (Northern Ireland) Order 1981(2)

(iv) an order under section 73 (orders requiring discontinuance of use or alteration or removal of buildings or works) including an order made under that section by virtue of section 75 (power of the Department to make section 73 orders) which grants planning permission, or confirming any such order under section 74 (confirmation by Department of section 73 orders);

(v) an order under section 73 as modified by section 230 (2)(b)(iv) (minerals);

(vi) an order made under section 1 of the Harbours Act (Northern Ireland) 1970(3).

(f) granting hazardous substances consent under section 114 (call in of certain applications for hazardous consent to Department);

(g) granting hazardous substances consent under section 145(1)(a) (as applied to hazardous substances contravention notices, and modified, by regulation 21 and Schedule 3)

(7) In relation to any consent, permission or authorisation falling within paragraph (6) which is capable of being varied or modified, the modification or variation is to be treated as if it is a consent, permission or other authorisation for a relevant project for the purposes of this regulation where that modification or variation authorises development falling within paragraph 2(b)(ii) of Part 1 and Part 2 of Schedule 3 to the General Development Procedure Order.

(1)

S.R. 2004 No. 280

(2)

S.R. 1981 No. 607

(3)

1970 c.1