Office of Public Sector Information
Scottish Statutory Instruments
Town And Country Planning
Made
29th October 2009
Laid before the Scottish Parliament
30th October 2009
Coming into force
23rd November 2009
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2, 3, and 39(1) of the Planning (Hazardous Substances) (Scotland) Act 1997(1), sections 8(1)(b) and 16(2)(b) of the Town and Country Planning (Scotland) Act 1997(2) and all other powers enabling them to do so.
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(3).
(3) These Regulations extend to Scotland only.
2.—(1) The Town and Country Planning (Development Planning) (Scotland) Regulations 2008(4) 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(5),”.
(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”.
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(6)”.
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.
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
Regulation 3(4)
Regulations 2(6) and 3
| Column 1 | Column 2 | Column 3 | ||
|---|---|---|---|---|
| Hazardous Substances | Controlled quantity (Q) in tonnes | Quantity for purposes of Note 4 of the Notes to Parts A and B (Q*) | ||
| 1. Ammonium nitrate to which Note 1 of notes to Part A applies | 5000.00 | 10000.00 | ||
| 2. Ammonium nitrate to which Note 2 of notes to Part A applies | 1000.00 | 1250.00 | ||
| 3. Ammonium nitrate to which Note 3 of notes to Part A applies | 350.00 | |||
| 4. Ammonium nitrate to which Note 4 of notes to Part A applies | 10.00 | |||
| 5. Potassium nitrate to which Note 5 of notes to Part A applies | 5000.00 | |||
| 6. Potassium nitrate to which Note 6 of notes to Part A applies | 1250.00 | |||
| 7. Arsenic pentoxide, arsenic (V) acid and/or salts | 1.00 | |||
| 8. Arsenic trioxide, arsenious (III) acid and/or salts | 0.10 | |||
| 9. Bromine | 20.00 | |||
| 10. Chlorine | 10.00 | |||
| 11. Nickel compounds in inhalable powder form (nickel monoxide, nickel dioxide, nickel sulphide, trinickel disulphide, dinickel trioxide) | 1.00 | |||
| 12. Ethyleneimine | 10.00 | |||
| 13. Fluorine | 10.00 | |||
| 14. Formaldehyde (>90%) | 5.00 | |||
| 15. Hydrogen | 2.00 | 5.00 | ||
| 16. Hydrogen chloride (liquefied gas) | 25.00 | |||
| 17. Lead alkyls | 5.00 | |||
| 18. Liquefied petroleum gas, including commercial propane and commercial butane, and any mixture thereof, when held at pressure greater that 1.4 bar absolute. | 25.00 | 50.00 | ||
| 19. Liquefied extremely flammable gases excluding pressurised LPG (entry no. 18) | 50.00 | |||
| 20. Natural gas | 15.00 | 50.00 | ||
| 21. Acetylene | 5.00 | |||
| 22. Ethylene oxide | 5.00 | |||
| 23. Propylene oxide | 5.00 | |||
| 24. Methanol | 500.00 | |||
| 25. 4,4-Methylenebis (2-Cholraniline) and/or salts, in powder form | 0.01 | |||
| 26. Methylisocyanate | 0.15 | |||
| 27. Oxygen | 200.00 | |||
| 28. Toluene diisocyanate | 10.00 | |||
| 29. Carbonyl dichloride (phosgene) | 0.30 | |||
| 30. Arsenic trihydride (arsine) | 0.20 | |||
| 31. Phosphorus trihydride (phosphine) | 0.20 | |||
| 32. Sulphur dichloride | 1.00 | |||
| 33. Sulphur trioxide (including sulphur trioxide dissolved in sulphuric acid to form Oleum) | 15.00 | |||
| 34. Polychlorodibenzofurans and polychlorodibenzodioxins (including TCDD), calculated in TCDD equivalent (to which Note 7 of the notes to this Part applies) | 0.001 | |||
| 35. The following CARCINOGENS at concentrations above 5% by weight:- 4-Aminobiphenyl and/or its salts, Benzotrichloride, Benzidine and/or salts, Bis(chloromethyl) ether, Chloromethyl methyl ether, 1,2-Dibromoethane, Diethyl sulphate, Dimethyl sulphate, Dimethylcarbamoyl chloride, 1,2-Dibromo-3-chloropropane, 1,2-Dimethylhydrazine, Dimethylnitrosamine, Hexamethylphosphoric triamide, Hydrazine, 2- Naphthylamine and/or salts, 4-Nitrodiphenyl, and 1,3 Propanesultone | 0.5 | |||
| 36. Petroleum products | 2500.00 | |||
| (a) | gasolines and naphthas, | |||
| (b) | kerosenes (including jet fuels), | |||
| (c) | gas oils (including diesel fuels, home heating oils and gas oil blending streams) | |||
| 37. Acrylonitrile | 20.00 | 50.00 | ||
| 38. Carbon disulphide | 20.00 | 50.00 | ||
| 39. Hydrogen selenide | 1.00 | 50.00 | ||
| 40. Nickel tetracarbonyl | 1.00 | 5.00 | ||
| 41. Oxygen difluoride | 1.00 | 5.00 | ||
| 42. Pentaborane | 1.00 | 5.00 | ||
| 43. Selenium hexafluoride | 1.00 | 50.00 | ||
| 44. Stibine (antimony hydride) | 1.00 | 5.00 | ||
| 45. Sulphur dioxide | 20.00 | 50.00 | ||
| 46. Tellurium hexafluoride | 1.00 | 5.00 | ||
| 47. 2,2-Bis(tert-butylperoxy) butane (>70%) | 5.00 | 50.00 | ||
| 48. 1,1-Bis(tert- butylperoxy) cyclohexane (>80%) | 5.00 | 50.00 | ||
| 49. tert-Butyl peroxyacetate (>70%) | 5.00 | 50.00 | ||
| 50. tert-Butyl peroxyisobutyrate (>80%) | 5.00 | 50.00 | ||
| 51. tert-Butyl peroxyisopropylcarbonate (>80%) | 5.00 | 50.00 | ||
| 52. tert-Butyl peroxymaleate (>80%) | 5.00 | 50.00 | ||
| 53. tert-Butyl peroxypivalate (>77%) | 5.00 | 50.00 | ||
54. Cellulose Nitrate other than– (1) cellulose nitrate for which a licence granted by the Health and Safety Executive (HSE) under the Manufacture and Storage of Explosives Regulations 2005(7) (where HSE is the licensing authority by virtue of paragraph 1(c) of Schedule 1 to those Regulations) is required; or (2) cellulose nitrate where the nitrogen content of the cellulose nitrate does not exceed 12.3% by weight and contains not more than 55 parts of cellulose nitrate per 100 parts by weight of solution. |
50.00 | |||
| 55. Dibenzyl peroxydicarbonate (>90%) | 5.00 | 50.00 | ||
| 56. Diethyl peroxydicarbonate (>30%) | 5.00 | 50.00 | ||
| 57. 2,2 Dihydroperoxypropane (>30%) | 5.00 | 50.00 | ||
| 58. Di-isobutyryl peroxide (>50%) | 5.00 | 50.00 | ||
| 59. Di-n-propyl peroxydicarbonate (>80%) | 5.00 | 50.00 | ||
| 60. Di-sec-butyl peroxydicarbonate (>80%) | 5.00 | 50.00 | ||
| 61. 3,3,6,6,9,9-Hexamethyl-1,2,4,5-tetroxacyclononane (>75%) | 5.00 | 50.00 | ||
| 62. Methyl ethyl ketone peroxide (>60%) | 5.00 | 50.00 | ||
| 63. Methyl isobutyl ketone peroxide (>60%) | 5.00 | 50.00 | ||
| 64. Peracetic acid (>60%) | 5.00 | 50.00 | ||
| 65. Sodium chlorate | 25.00 | 50.00 | ||
| 66. Gas or any mixture of gases (not covered by entry 20) which is flammable in air, when held as a gas | 15.00 | |||
| 67. A substance or any mixture of substances which is flammable in air when held above its boiling point (measured at 1 bar absolute) as a liquid or as a mixture of liquid and gas at a pressure of more than 1.4 bar absolute (see Note 8 of the Notes to Part A). | 25.00 | |||
| 1. | Ammonium nitrate: fertilisers capable of self-sustaining decomposition | |||||
| This applies to ammonium nitrate-based compound/composite fertilisers (compound/composite fertilisers containing ammonium nitrate with phosphate and/ or potash) in which the nitrogen content as a result of ammonium nitrate is | ||||||
| – | between 15.75 per cent(8) and 24.5 per cent(9) by weight, and either with not more than 0.4 per cent total combustible/organic materials or which satisfy the detonation resistance test described in Schedule 2 to the Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003(10), | |||||
| – | 15.75 per cent(a) by weight or less and unrestricted combustible materials, | |||||
| and which are capable of self-sustaining decomposition according to the UN Trough Test (see United Nations Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria (2003), Part III, sub-section 38.2). | ||||||
| 2. | Ammonium nitrate: fertiliser grade | |||||
| This applies to straight ammonium nitrate-based fertilisers and to ammonium nitrate-based compound/composite fertilisers in which the nitrogen content as a result of ammonium nitrate is | ||||||
| – | more than 24.5 per cent by weight, except for mixtures of ammonium nitrate with dolomite, limestone and/or calcium carbonate with a purity of at least 90 per cent, | |||||
| – | more than 15.75 per cent by weight for mixtures of ammonium nitrate and ammonium sulphate, | |||||
| – | more than 28 per cent(11) by weight for mixtures of ammonium nitrate with dolomite, limestone and/or calcium carbonate with a purity of at least 90 per cent, | |||||
| and which satisfy the detonation resistance test described in Schedule 2 to the Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003. | ||||||
| 3. | Ammonium nitrate: technical grade | |||||
| This applies to | ||||||
| – | ammonium nitrate and preparations of ammonium nitrate in which the nitrogen content as a result of the ammonium nitrate is | |||||
| – | between 24.5 per cent and 28 per cent by weight, and which contain not more than 0.4 per cent combustible substances, | |||||
| – | more than 28 per cent by weight, and which contain not more than 0.2 per cent combustible substances, | |||||
| – | aqueous ammonium nitrate solutions in which the concentration of ammonium nitrate is more than 80 per cent by weight. | |||||
| 4. | Ammonium nitrate: “off-specs” material and fertilisers not fulfilling the detonation resistance test | |||||
| This applies to | ||||||
| – | material rejected during the manufacturing process and to ammonium nitrate and preparations of ammonium nitrate, straight ammonium nitrate-based fertilisers and ammonium nitrate-based compound/composite fertilisers referred to in Notes 2 and 3, that are being or have been returned from the final user to a manufacturer, temporary storage or reprocessing plant for reworking, recycling or treatment for safe use, because they no longer comply with the specifications of Notes 2 and 3; and | |||||
| – | fertilisers referred to in Note 1, first indent, and Note 2 which do not satisfy the detonation resistance test described in Schedule 2 to the Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003. | |||||
| 5. | Potassium nitrate: composite potassium-nitrate based fertilisers composed of potassium nitrate in prilled/granular form. | |||||
| 6. | Potassium nitrate: composite potassium-nitrate based fertilisers composed of potassium nitrate in crystalline form. | |||||
| 7. | Polychlorodibenzofurans and polychlorodibenzodioxins | |||||
The quantities of polychlorodibenzofurans and polychlorodibenzodioxins are calculated using the following factors:
| International Toxic Equivalent Factors (ITEF) for the congeners of concern (NATO/CCMS)(12) | |||
|---|---|---|---|
| 2,3,7,8-TCDD | 1 | 2,3,7,8-TCDF | 0.1 |
| 1,2,3,7,8-PeCDD | 0.5 | 2,3,4,7,8-PeCDF | 0.5 |
| 1,2,3,7,8-PeCDF | 0.05 | ||
| 1,2,3,4,7,8-HxCDD | 0.1 | ||
| 1,2,3,6,7,8-HxCDD | 0.1 | 1,2,3,4,7,8-HxCDF | 0.1 |
| 1,2,3,7,8,9-HxCDD | 0.1 | 1,2,3,7,8,9-HxCDF | 0.1 |
| 1,2,3,6,7,8-HxCDF | 0.1 | ||
| 1,2,3,4,6,7,8-HpCDD | 0.01 | 2,3,4,6,7,8-HxCDF | 0.1 |
| OCDD | 0.001 | 1,2,3,4,6,7,8-HpCDF | 0.01 |
| 1,2,3,4,7,8,9-HpCDF | 0.01 | ||
| OCDF | 0.001 | ||
| (T = tetra, Pe = penta, Hx = hexa, Hp = hepta, O = octa) | |||
1997 c.10; section 38(2) attracts the definition of “prescribed” from section 277(1) of the Town and Country Planning (Scotland) Act 1997 (c.8). The functions of the Secretary of State under these sections in or as regards Scotland were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). Back [1]
1997 c.8. Sections 8(1)(b) and 16(2)(b) were inserted by section 2 of the Planning etc. (Scotland) Act 2006 (asp 17). The definition of prescribed is found in section 277(1) of the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”). The functions of the Secretary of State under the 1997 Act in or as regards Scotland were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). Back [2]
S.I. 1993/323, amended by S.I. 1994/2567, S.I. 1996/252, S.S.I. 2000/179, S.S.I. 2003/1, S.S.I. 2005/344 and S.I. 2005/1082 and S.S.I. 2006/270. Back [3]
S.S.I. 2008/426. Back [4]
O.J. No. L 345, 31.12.2003, p.97. Back [5]
S.S.I. 2009/378. Back [6]
S.I. 2005/1082. Back [7]
15.75 per cent nitrogen content by weight as a result of ammonium nitrate corresponds to 45 per cent ammonium nitrate. Back [8]
24.5 per cent nitrogen content by weight as a result of ammonium nitrate corresponds to 70 per cent ammonium nitrate. Back [9]
S.I. 2003/1082. Back [10]
28 per cent nitrogen content by weight as a result of ammonium nitrate corresponds to 80 per cent ammonium nitrate. Back [11]
North Atlantic Treaty Organisation/ Committee for the Challenges of Modern Society. Back [12]
The Planning (Control of Major–accident Hazards) (Scotland) Regulations 2009