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The Planning (Hazardous Substances) Regulations 2015

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  1. Introductory Text

  2. PART 1 General

    1. 1.Citation, commencement and application

    2. 2.Interpretation

  3. PART 2 Hazardous substances, controlled quantities and exemptions

    1. 3.Hazardous substances and controlled quantities

    2. 4.Exemptions

  4. PART 3 Hazardous substances consent procedures

    1. 5.Applications for hazardous substances consent

    2. 6.Publication of notices of applications

    3. 7.Notification of applications to owners

    4. 8.Inspection of applications

    5. 9.Receipt of applications by hazardous substances authority

    6. 10.Consultation before the grant of hazardous substances consent

    7. 11.Determination of applications for hazardous substances consent

    8. 12.Notice of reference of applications to the Secretary of State

    9. 13.Appeals

  5. PART 4 Enforcement

    1. 14.Hazardous substances contravention notices

    2. 15.Appeals against hazardous substances contravention notices

    3. 16.Appeals: supplementary

    4. 17.Effect of hazardous substances contravention notices, etc

    5. 18.Enforcement register

    6. 19.Validity

  6. PART 5 Other matters relating to hazardous substances consent and enforcement

    1. 20.Consents register

    2. 21.Fees for applications

    3. 22.Fees for deemed applications

    4. 23.Application of the Act to hazardous substances authorities

  7. PART 6 Policies and public participation

    1. 24.Policies

    2. 25.Plans and programmes

    3. 26.Other planning approvals for projects

    4. 27.Interpretation of Part 6

  8. PART 7 Revocations, amendments, savings, transitional provisions, Crown application and review

    1. 28.Revocations

    2. 29.Transitional applications and appeals

    3. 30.Interpretation of existing consents

    4. 31.Saving for deemed consent conditions

    5. 32.Notification of other establishments

    6. 33.Amendments

    7. 34.Application to the Crown

    8. 35.Review

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      Hazardous substances and controlled quantities

      1. PART 1 Categories of substances

      2. PART 2 Named hazardous substances

      3. PART 3 Substances used in processes

      4. PART 4 Notes to Parts 1 to 3

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

        2. 2.Mixtures shall be treated in the same way as pure...

        3. 3.Expressions appearing both in this Schedule and in the Directive...

        4. 4.The controlled quantities set out in Parts 1 to 3...

        5. 5.(1) In the case of an establishment where two or...

        6. 6.In the case of hazardous substances which are not covered...

        7. 7.In the case of hazardous substances with properties giving rise...

        8. 8.Hazardous substances that fall within Acute Toxic Category 3 via...

        9. 9.The hazard class Explosives includes explosive articles (see Section 2.1...

        10. 10.Testing for explosive properties of substances and mixtures is only...

        11. 11.If Explosives of Division 1.4 are unpacked or repacked, they...

        12. 12.(1) Flammable aerosols are classified in accordance with the Council...

        13. 13.According to paragraph 2.6.4.5 in Annex I to the CLP...

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

        15. 15.Ammonium nitrate (1,250/5,000): fertiliser grade This applies to straight ammonium...

        16. 16.Ammonium nitrate (350/2,500): technical grade This applies to ammonium nitrate...

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

        18. 18.Potassium nitrate (5,000/10,000) This applies to those composite potassium-nitrate based...

        19. 19.Potassium nitrate (1,250/5,000) This applies to those composite potassium-nitrate based...

        20. 20.Upgraded biogas For the purpose of the implementation of these...

        21. 21.Polychlorodibenzofurans and polychlorodibenzodioxins The quantities of polychlorodibenzofurans and polychlorodibenzodioxins are...

        22. 22.In cases where this hazardous substance falls within category P5a...

        23. 23.Where a hazardous substance falls within both Parts 1 and...

        24. 24.In relation to Part 3— (a) where S also falls...

    2. SCHEDULE 2

      Exemptions

      1. 1.Loading, unloading and intermediate storage

      2. 2.Paragraph 1 does not apply if the substance referred to...

      3. 3.Pipelines

      4. 4.Emergency unloading from ships

      5. 5.For the purpose of paragraph 4, a substance is to...

      6. 6.Landfill sites

      7. 7.Paragraph 6 does not apply to— (a) a site used...

      8. 8.Nuclear sites

      9. 9.Minerals

      10. 10.Hazardous substances consent is not required for the presence of...

      11. 11.Explosives

      12. 12.Hazardous substances consent is not required where an explosives licence...

      13. 13.Presence of established substances

      14. 14.Paragraph 13 does not apply where the quantity of the...

      15. 15.Presence of exempted substances

      16. 16.Presence of small quantities of substances

      17. 17.Minor changes to types and quantities of substances

      18. 18.The conditions are— (a) that before the relevant minor change...

      19. 19.Interpretation of this Schedule

      20. 20.Expressions appearing both in this Schedule and in the Directive...

    3. SCHEDULE 3

      Prescribed forms, notices and certificates

    4. SCHEDULE 4

      Enforcement – application of the principal Act

      1. PART 1 Appeals against hazardous substances contravention notices

        1. 1.Section 174 of the principal Act (appeals against enforcement notice)...

        2. 2.Section 175 of the principal Act (appeals: supplementary provisions) applies...

        3. 3.Section 176 of the principal Act (general provisions relating to...

        4. 4.Section 177 of the principal Act (grant or modification of...

      2. PART 2 Effect of hazardous substances contravention notices, etc.

        1. 5.Section 178 of the principal Act (execution and cost of...

        2. 6.Section 179 (offence where enforcement notice not complied with) has...

        3. 7.Section 180 (effect of planning permission etc. on enforcement or...

        4. 8.Section 181 (enforcement notice to have effect against subsequent development)...

      3. PART 3 Registers

        1. 9.Section 188 of the principal Act (register of enforcement and...

      4. PART 4 Validity

        1. 10.Section 285 of the principal Act (validity of enforcement notices...

        2. 11.Section 289 of the principal Act (appeals to the High...

    5. SCHEDULE 5

      Amendments

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

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

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

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

  11. Explanatory Note

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