Planning Circular 3/2015: Planning controls for hazardous substances

Annex K - Transitional and Related Provisions

Presence of Established Substances

K1. This relates to substances present at sites legally prior to 1 June 2015 without the need for hazardous substances consent, but which, purely as a result of the changes in Schedule 1 to the 2015 regulations, would now require such consent. See paragraph C19 to C23 of Annex C on Exemptions for more information.

Interpretation of existing consents

K2. Regulation 61 applies in relation to hazardous substances consents granted prior to 1 June 2015 for hazardous substances or categories of substances which are described or categorised differently in the 2015 Regulations than they were in the 1993 Regulations. Any reference to such a substance or category of substance in such a pre-1 June 2015 consent is to be interpreted in accordance with the 1993 Regulations.

Conditions attached to existing deemed consents

K3. Previous changes to the hazardous substances consent regime allowed deemed consent to be claimed, and standard conditions applied to such consent. These standard conditions continue to apply by virtue of regulation 62.

Applications etc. made prior to 1 June 2015, but not determined by that date

K4. Regulations 60 and 65 determine the extent to which the new requirements in the 2015 Regulations apply to applications for hazardous substances consent and appeals made before 1 June 2015 but not determined by that date. Regulation 66 has similar provision with regard to applications for continuation of consent called in by Scottish Ministers before 1 June 2015 but not determined by that date.

Period for making an appeal against the decision, or failure to take a decision, on a hazardous substances consent application

K5. The period for making an appeal was reduced from 6 months to 3 months by the 2015 Regulations. Regulation 64 saves the 6 month period for applications where the date of the notice of the decision on the application or the date by which a decision should have been made was before 1 June 2015.

Applications for planning permission (within scope of the Directive) not determined prior to 1 June 2015.

K6. Applications to which paragraphs 3, 3A and 4 of Schedule 5 to the DMR, as amended by the 2015 Regulations (Schedule 8), apply are within the scope of the provisions in the Directive which impose duties with regard to publicity and consultation.

K7. The DMR as amended and regulation 23 of the 2015 Regulations implement those provisions of the Directive with regard to applications for planning permission, but regulation 23 does not apply if the requirements are required to be carried out under other legislation.

K8. Planning authorities should consider the extent to which the procedures carried out under the previous regime have already met the requirements of the new regime.

Appeals and called-in planning applications not determined prior to 1 June 2015

K9. See paragraphs K6 to K8.

Development plans and supplementary guidance

K10. Paragraph 2 of Schedule 8 to the 2015 Regulations amends the requirements on development plan preparation, reflecting the slightly revised wording of the Directive. The amendments relate to the taking account of the objectives of the Directive on human health and the environment and of the more specific issues of maintaining appropriate safety distances between major hazards sites and other development or sensitive environments (or other relevant measures in relation to protecting the latter) and to taking additional technical measures in relation to establishments. These do not represent a significant change from the previous requirements for local and strategic development plans.

K11. These requirements now apply to the preparation of supplementary guidance where it is to form part of the development plan.