The Planning (Control of Major–Accident Hazards) (Scotland) Regulations 2009

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Planning (Control of Major–Accident Hazards) (Scotland) Regulations 2009 and come into force on 23rd November 2009.

(2) In these Regulations “the Hazardous Substances Regulations” means the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993(1).

(3) These Regulations extend to Scotland only.

Amendment of the Town and Country Planning (Development Planning) (Scotland) Regulations 2008

2.—(1) The Town and Country Planning (Development Planning) (Scotland) Regulations 2008(2) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (citation, commencement and interpretation) in the definition of “Directive”, after “Council”, insert “as amended by Council Directive 2003/105/EC(3),”.

(3) For regulation 3(2)(b) (information and considerations) substitute—

“(b) the need in the long term to maintain appropriate distances between establishments covered by the Directive and residential areas, buildings and areas of public use, major transport routes as far as possible, recreational areas and areas of particular natural sensitivity or interest; and”.

(4) For regulation 10(2)(b) (information and considerations) substitute—

“(b) the need in the long term to maintain appropriate distances between establishments covered by the Directive and residential areas, buildings and areas of public use, major transport routes as far as possible, recreational areas and areas of particular natural sensitivity or interest; and”.

Amendment to the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993

3.—(1) The Hazardous Substances Regulations are amended in accordance with paragraphs (2) to (4).

(2) In regulation 2(1) (interpretation), in the definition of “the Directive” after “Council Directive 96/82/EC”, insert “as amended by Council Directive 2003/105/EC”.

(3) In regulation 4(6) for “6, 14, 35 and 39” substitute “10, 18, 39 and 43”.

(4) For Schedule 1 (hazardous substances and controlled quantities) substitute the new Schedule 1 as set out in the Schedule to these Regulations.

(5) In Schedule 2 (prescribed forms, notices and certificates) in Note (a) to forms 1 (application for hazardous substances consent), 2 (application for hazardous substances consent without a condition imposed on a previous consent and continuation of hazardous substances consent following a change of control of part of the land) and 12 (claim for deemed consent), at the end insert “and the Planning (Control of Major–Accident Hazards) (Scotland) Regulations 2009(4)”.

Transitional provision: existing consents

4.  Where amendments made to the Hazardous Substances Regulations by virtue of regulation 3(4) result in a substance, mixture or preparation being renamed or re-categorised then such amendments shall not affect the validity of any hazardous substances consent granted in respect of such substance, mixture or preparation before the date on which these Regulations come into force.

Transitional exemptions

5.—(1) No offence is committed under section 21 of the Planning (Hazardous Substances) (Scotland) Act 1997 before 23rd May 2010 and no hazardous substances contravention notice may be issued before that date in relation to a hazardous substance which is on, over or under any land, if—

(a) the substance was present on, over or under land at any time within the period of 12 months ending on 23rd November 2009 and was not a substance or quantity of substance for which hazardous consent was required before that date; and

(b) the substance is not present during the period beginning on 23rd November 2009 and ending on 22nd May 2010 in a quantity greater in aggregate than the established quantity.

(2) In paragraph (1) “the established quantity”, in relation to any land, means the maximum quantity which was present on, over or under the land at any one time within the period of 12 months ending on 23rd November 2009.

STEWART STEVENSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

29th October 2009