Consultation on the land use planning aspects of the Seveso III Directive 2012/18/EU on the control of major-accident hazards

The Scottish Government is consulting on proposed amendments to planning legislation to implement the land use planning elements of the Seveso III Directive.

This consultation relates to implementation of the land use planning elements of European Directive 2012/18/EU (the Directive) on the control of major-accident hazards involving dangerous substances (referred to as hazardous substances in domestic legislation) - also known as the Seveso III Directive. The Directive aims to reduce the risks and consequences of such accidents. The land use planning elements relate to taking account of the aims of the Directive in planning policies and decisions, including maintaining appropriate safety distances between major hazard sites (referred to as establishments) and other development and protecting areas of natural sensitivity.

The Scottish Government is required to implement the land use planning aspects of the Directive by 1 June 2015.

The main reason for the new version of this Directive is changes in the European chemical classification system, which are also to be implemented by 1 June 2015. New public participation requirements have also been included in the Directive to bring it into line with the Aarhus Convention.

There is no requirement in the Directive to fundamentally change the existing land use planning framework regarding hazardous substances consent. Operators will still be required to apply to the planning authority for consent for hazardous substances at or above set amounts (controlled quantities). The planning authority will continue to consult with key agencies, such as the Health and Safety Executive (HSE) and the Scottish Environment Protection Agency (SEPA) and there will be public participation in decision making. Where the planning authority grant planning hazardous substances (PHS) consent, HSE will continue to designate consultation zones to guide and inform consideration of the location of future development near establishments.

The main changes being made in implementing the Directive include:

  • A new schedule of substances and thresholds requiring hazardous substances consent and related transitional arrangements regarding consents.
  • Amendment of application and appeal procedures for PHS consent and for those planning permission cases within scope of the Directive to reflect public participation requirements.

The opportunity is also being taken to bring PHS consent procedures further into line with modernised planning procedures.

It is not anticipated that there will be any significant increase in the number of applications for PHS consent. The HSE advise that they do not anticipate any significant change in existing hazard consultation zones.

There will be a consolidated set of Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015, with PHS consent and appeal provisions etc., as well as related amendments to other planning legislation.

Date: 08/12/2014 Start of consultation

          02/03/2015 End of consultation

Author: Scottish Government

DCP link: This item updates DCP section 19.132


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