The Planning (Control of Major-Accident Hazards) (Scotland) Regulations 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement, in relation to town and country planning in Scotland, Article 12 of Council Directive 96/82/EC on the control of major accident hazards involving dangerous substances.

The main requirements of Article 12 of the Directive, which these Regulations implement in relation to town and country planning in Scotland, are as follows. 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. To ensure that planning authorities set up appropriate consultation procedures to facilitate implementation of these and other policies established under the Article.

The Regulations amend the Planning (Hazardous Substances) (Scotland) Act 1997 (“the Act”), the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993, the Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983 and the Town and Country Planning (General Development Procedure) (Scotland) Order 1992.

The Act provides that the presence of a hazardous substance on, over or under land at or above the controlled quantity requires hazardous substance consent. The controlled quantity must be calculated by aggregating the quantity of a substance on, over or under land and certain other land or structures (together “the control zone”). Regulation 2 amends section 2 of the Act by adding to the control zone any other land which forms part of a single establishment.

Regulation 4 amends the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993. The main change is that it provides a new Schedule 1 prescribing the substances which are hazardous substances and their controlled quantities. Regulation 4(4) and regulation 2(2) amend provisions relating to exemptions from hazardous substances consent. Regulation 4(5) adds to the requirements on hazardous substances authorities to consult before granting hazardous substances consent. Regulation 4(10) and Schedule 2 prescribe new application and claim forms for hazardous substances consent.

Regulation 3 makes provision for deemed consents for hazardous substances for which a hazardous substances consent was not required before these Regulations came into force.

Regulation 5 amends the Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983 to add to the matters that planning authorities shall have regard to when formulating their policies in a structure or local plan.

Regulation 6 amends the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 to add to the categories of development in relation to which planning authorities are required to consult before granting planning permission.

A Regulatory Impact Appraisal has been prepared in relation to these Regulations. It has been placed in the Scottish Parliament Information Centre and copies may be obtained from Planning Division, Scottish Executive Development Department, Area 2-H, Victoria Quay, Edinburgh EH6 6QQ (Telephone [phone])