NPPG update - Hazardous substances; Appeals and costs

The NPPG has been updated in relation to hazardous substances and appeals.

In relation to the hazardous substances section the guidance at paragraph 068 states in reply to the question of what expert advice should be sought in relation to development proposals at and around hazardous installations that local planning authorities should know the location of hazardous installations as they will have been informed of consultation zones by the Health and Safety Executive and the Office for Nuclear Regulation. For licensed explosives sites the license holder will provide the local authority with a safeguarding plan for the site. Local planning authorities are required to consult  the Health and Safety Executive and other expert bodies on certain development proposals where the presence of those installations is relevant.

Such proposals include residential development and large retail, office or industrial developments located in consultation zones and development likely to result in an increase in the number of people working in or visiting the relevant area. Particular regard should be had to children, older people, disabled people or a risk to the environment. There may be particular issues to consider for hotels and similar developments where people may be unfamiliar with their surroundings, or which may result in a large number of people in one place. Within consultation zones certain permitted development rights may not apply.

Consultation with these expert bodies is also required in relation to any development proposals (whether authorised by planning permission or other procedure) involving new establishments or modifications to existing establishments covered by the Seveso III Directive.  Consultation is also required for development involving transport routes, and public-use locations near existing establishments, where the development could be the source of or increase the risk or consequences of a major accident.  Where such development could affect a sensitive natural area, Natural England must be consulted.

For each type of development where the Health and Safety Executive is consulted, the Executive's advice to local planning authorities will take account of the maximum quantity of a substance permitted by a hazardous substances consent and any conditions attached to it. The Health and Safety Executive's advice will be based on the following general principles:       

  • The risk considered is the residual risk (that is the risk that unavoidably remains even after all legally required measures have been taken to prevent and mitigate the effects of a major accident) to people in the vicinity.
  • Where it is beneficial to do so the advice takes account of risk as well as hazard that is the likelihood of an accident as well as its consequences.
  • The advice takes account of the size and nature of the proposed development and the inherent vulnerability of the population at risk.
  • The advice takes account of the risk of serious injury, including that of fatality, attaching particular weight to the risk where a proposed development might result in a large number of casualties in the event of a major accident.

Date: 12/12/2016 Date of publication

Author: DCLG

This item updates DCP section 19.13, 6.11

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