- Latest available (Revised)
- Point in Time (01/04/2015)
- Original (As made)
Point in time view as at 01/04/2015.
There are currently no known outstanding effects for The Planning (Control of Major-Accident Hazards) Regulations (Northern Ireland) 2000.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(This note is not part of the Regulations.)
These Regulations are concerned with the implementation of Article 12 of Council Directive 96/82/EC (O.J. No. L10, 14.1.1997, p. 13) on the control of major-accident hazards involving dangerous substances.
The main provisions of Article 12 of the Directive are the requirement to ensure that the objectives of preventing major accidents and limiting their consequences are taken into account in land-use planning policies and that these objectives are pursued through controls. There is also a requirement to ensure that planning authorities set up appropriate consultation procedures to facilitate implementation of these and other policies established under that Article.
These Regulations amend the Planning (Northern Ireland) Order 1991 (“the 1991 Order”), the Planning (Development Plans) Regulations (Northern Ireland) 1991 and the Planning (Hazardous Substances) Regulations (Northern Ireland) 1993 (“the Hazardous Substances Regulations”) and the Planning (General Development) Order (Northern Ireland) 1993.
Article 53 of the 1991 Order provides that the presence of a hazardous substance on, over or under land at or above the controlled quantity requires hazardous substances consent. The controlled quantity must be calculated by aggregating the quantity of a substance on, over or under land and certain other land or structure (together “the control zone”). Regulation 2(1) — (3) amends Article 53 by adding to the control zone any other land which forms part of a single establishment.
Regulation 2(4) amends provisions in the 1991 Order in relation to the temporary presence of hazardous substances.
Regulation 3 amends the Hazardous Substances Regulations. The main changes are amendments to the provisions for exemption from hazardous substances consent (Regulation 3(4)), the prescription of new application and claim form for hazardous substances consent (Regulation 3(7) with Schedule 1) amendment to the deemed consent conditions (Regulation 3(8)) and the prescription of a new Schedule of substances which are hazardous substances and their controlled quantities (Regulation 3(9) and Schedule 2).
Regulation 4 modifies the transitional provisions in paragraph 4 of Schedule 4 to the 1991 Order and Schedule 2 to the Hazardous Substances Regulations to make provision for deemed consent for those hazardous substances for which hazardous substances consent was not required before the commencement of these Regulations.
Regulation 5 amends the Planning (Development Plans) Regulations (Northern Ireland) 1991 to require the Department to have regard to the prevention of major-accident hazards when formulating its development plan policies.
Regulation 6 amends the Planning (General Development) Order (Northern Ireland) 1993 to require consultation with the Health and Safety Executive Northern Ireland before granting planning permission for certain categories of development.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: