Statutory Instruments 1999 No. 981
The Planning (Control of Major-Accident Hazards) Regulations 1999
- continued

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Form 2

The Planning (Hazardous Substances) Act 1990 - Sections 13 and 17

The Planning (Hazardous Substances) Regulations 1992 (Regulation 5)

  Application for either: (tick relevant box)
opensquare Hazardous Substances Consent without a condition(s) imposed on a previous consent (section 13)
  OR
opensquare Continuation of a Hazardous Substances Consent following a change in control of part of the land (section 17)

     1. Name and Address of Applicant (IN BLOCK CAPITALS)
Telephone no.

Name and address of Agent (if any) (IN BLOCK CAPITALS) to whom correspondence should be sent:

Telephone No.

Contact

     2. Address or location of Application Site together with O.S. grid reference


     3. Substances covered by the application


    (a) In the Table below, list named substances falling within Part A of Schedule 1 to the 1992 Regulations(a) first, then list any substances falling within the categories in Part B of that Schedule; finally list substances falling within the description in Part C.

    (b) Substances falling within Parts B or C of Schedule 1 to the 1992 Regulations may be listed under the relevant category or description or named specifically. Where a substance falls within Part A and B list under Part A only; where a substance falls within more than one category in Part B list under the category which has the lowest controlled quantity(b). Where a substance falling within Part A or B also falls within Part C list under the Part which has the lowest controlled quantity.

    Name or relevant category or description of substance Part and entry number (c) in Schedule 1 to the 1992 Regulations Maximum quantity proposed to be present (in tonnes)
         

Notes


    (a) The "1992 Regulations" are the Planning (Hazardous Substances) Regulations 1992, as amended by the Planning (Control of Major-Accident Hazards) Regulations 1999.

    (b) The "controlled quantity" means the quantity specified for that substance in column 2 of Parts A, B or C of Schedule 1 to the 1992 Regulations.

    (c) For Part C, state the Part only.

     4. Application for removal of a condition(s) imposed on a previous consent (Section 13)


    (a) Identify the condition(s) previously imposed which it is intended should no longer be imposed on the consent, or which should only be imposed in a modified form. In the latter case, indicate the proposed modification-

    (b) Give the reasons why the condition(s) referred to in (a) should not be imposed, or should only be imposed in a modified form-

    (c) Describe any relevant changes in circumstances since the previous consent was granted-

     5. Application for the continuation of a hazardous substances consent following a change in the person in control of part of the land (Section 17)


    (a) State the date on which the change in the person in control of part of the land is to take place, where known-

    (b) Describe the use of each area of the site identified in the accompanying change of control plan-

    (c) Describe any relevant changes in circumstances since the existing consent was granted-

     6. Additional Information
Give any additional information which you consider to be relevant to the determination of this application-

I/We hereby apply for hazardous substances consent/continuation of hazardous substances consent in accordance with this application.

Signed




on behalf of


(insert applicant's name if signed by agent)

Date
"



Form 8

The Planning (Hazardous Substances) Act 1990 - section 11

The Planning (Hazardous Substances) Regulations 1992 (Regulation 14)

Claim for Deemed Consent

Part 1: Details of claimant and site


     1. Full Name and Address of claimant (IN BLOCK CAPITALS)


Telephone No.

Name and address of Agent (if any) (IN BLOCK CAPITALS) to whom correspondence should be sent

Telephone No.

Contact

     2. Address or location of land to which the claim relates together with O.S. grid reference)


     3. General description of the activities carried out at the site during the establishment period.


Part 2: Substances for which consent is being claimed and established quantity


    (a) Complete Table A for every hazardous substance for which you are claiming a consent.

    (b) List named substances falling within Part A of Schedule 1 to the 1992 Regulations(a) first, then list any substances falling within the categories in Part B of that Schedule; finally list substances falling within the description in Part C.

    (c) Substances falling within Parts B or C of Schedule 1 to the 1992 Regulations may be listed under the relevant category or description or named specifically. Where a substance falls within Part A and B list under Part A only; where a substance falls within more than one category in Part B list under the category which has the lowest controlled quantity(b). Where a substance falling within Part A or B also falls within Part C list under the Part which has the lowest controlled quantity.


    Table A
    Hazardous Substances present during establishment period(c) for which consent not required during that period Part and entry number (d) in Schedule 1 to the 1992 Regulations Established Quantity(e)
         

Notes to Part 2


    (a) The "1992 Regulations" are the Planning (Hazardous Substances) Regulations 1992, as amended by the Planning (Control of Major-Accident Hazards) Regulations 1999.

    (b) The "controlled quantity" means the quantity specified for that substance in column 2 of Parts A, B or C of Schedule 1 to the 1992 Regulations.

    (c) The "establishment period" is the period of 12 months immediately preceding the relevant date; the "relevant date" is 20th April 1999.

    (d) for Part C, state the Part only.

    (e) the "established quantity" is the maximum quantity present during the establishment period.

Part 3: Moveable Container Storage Areas
For each area identified in any moveable container storage area plan which accompanies this claim, specify:

    (a) the maximum quantity of the hazardous substance stored in the area in moveable containers at any time during the establishment period-

    (b) whether the substance, category or description of substance was stored in a moveable container with a capacity in excess of 10% of the substance's controlled quantity in that area during that period, and, if so, the capacity (in tonnes) of the largest moveable container in which the substance was so stored-

 
Part 4: Vessel Capacity, Temperature and Pressure
(see next page)


Part 4: Vessel Capacity, Temperature and Pressure - Table B
    Below ambient temperature (b) At ambient temperature (c) Above ambient temperature (d)
    1(e) 2(f) 3(g) 4(h) 5(i) 6(j) 7(k) 8(l) 9(m) 10(n) 11(o)
Vessel Area (a) Part and entry number in Schedule 1 to the 1992 Regulations Largest capacity vessel Highest vessel design pressure Buried or mounded vessels largest capacity vessel Buried or mounded vessels highest vessel design pressure Non-buried or non-mounded vessels largest capacity vessel Non-buried or non-mounded vessels highest vessel design pressure Present at or below boiling point at 1 bar largest capacity vessel Present at or below boiling point at 1 bar highest vessel design pressure Highest design temperature Present at above boiling point at 1 bar largest capacity vessel Present at above boiling point at 1 bar highest vessel design pressure
                         

  Notes to Part 4 - Table B


    (a) This table should be completed for each vessel area identified in any vessel location plan which accompanies this claim, with a separate row being completed for each hazardous substance in that vessel area.

    (b) Only complete columns 1 and 2 in respect of a vessel area in which the substance was present in a vessel at below ambient temperature at any time during the establishment period.

    (c) Only complete columns 3 to 6 in respect of a vessel area in which the substance was present in a vessel at ambient temperature at any time during the establishment period.

    (d) Only complete columns 7 to 11 in respect of a vessel area in which the substance was present in a vessel at above ambient temperature at any time during the establishment period.

    (e) Column 1: Enter the capacity in cubic metres of the largest capacity vessel in which the substance was present in the relevant vessel area at below ambient temperature at any time during the establishment period.

    (f) Column 2: Only complete if the substance was present in a vessel at above atmospheric pressure at below ambient temperature in the relevant vessel area at any time during the establishment period. To complete, enter the highest vessel design pressure of any vessel in which the substance was present.

    (g) Column 3: Only complete if the substance was present at ambient temperature in a vessel which was buried or mounded in the relevant vessel area at any time during the establishment period. To complete, enter the capacity in cubic metres of the largest capacity buried or mounded vessel in which the substance was present.

    (h) Column 4: Only complete if the substance was present at above atmospheric pressure at ambient temperature in a vessel which was buried or mounded in the relevant vessel area at any time during the establishment period. To complete, enter the highest vessel design operating pressure of any vessel in which the substance was present.

    (i) Column 5: Only complete if the substance was present at ambient temperature in a non-buried or non-mounded vessel in the relevant vessel area at any time during the establishment period. To complete, enter the capacity in cubic metres of the largest capacity non-buried or non-mounded vessel in which the substance was present.

    (j) Column 6: Only complete if the substance was present at above atmospheric pressure at ambient temperature in a non-buried or non-mounded vessel in the relevant vessel area at any time during the establishment period. To complete, enter the highest vessel design operating pressure of any non-buried or non-mounded vessel in which the substance was present.

    (k) Column 7: Only complete if the substance was present in a vessel and at above ambient temperature at or below its boiling point at 1 bar absolute in the relevant vessel area at any time during the establishment period. To complete, enter the capacity in cubic metres of the largest capacity vessel in which the substance was present.

    (l) Column 8: Only complete if the substance was present at above atmospheric pressure at above ambient temperature and at or below its boiling point at 1 bar absolute in a vessel in the relevant vessel area at any time during the establishment period. To complete, enter the highest vessel design operating pressure of any vessel in which the substance was present.

    (m) Column 9: Enter the highest design operating temperature (in degrees centigrade) of any vessel in which the substance was present at above ambient temperature in the relevant vessel area at any time during the establishment period.

    (n) Column 10: Only complete if the substance was present in a vessel at above its boiling point at 1 bar absolute in the relevant vessel area at any time during the establishment period. To complete, enter the capacity (in cubic metres) of the largest capacity vessel in which the substance was present.

    (o) Column 11: Only complete if the substance was present at above atmospheric pressure and above its boiling point at 1 bar absolute in a vessel in the relevant vessel area at any time during the establishment period. To complete, enter the highest vessel design operating pressure of any vessel in which the substance was present.

Part 5
1/We hereby claim hazardous substances consent in accordance with the information provided(a)

Signed




on behalf of


Date


Note to Part 5


    (a) The hazardous substances authority is required to notify you within 2 weeks from the date of receipt of the claim if, in their opinion, the claim is invalid and to give their reasons for that opinion. If the claim is valid that authority shall be deemed to have granted the hazardous substances consent claimed, subject to the conditions set out in section 11(7) of the Planning (Hazardous Substances) Act 1990 and Schedule 3 to the Planning (Hazardous Substances) Regulations 1992, as applied or amended by the Planning (Control of Major-Accident Hazards) Regulations 1999."



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations implement, in relation to town and country planning in England and Wales, Article 12 of Council Directive 96/82/EC (O.J. No. L. 10, 14.1.1997, p. 13) on the control of major-accident hazards involving dangerous substances.

The main requirements of Article 12 of the Directive, are as follows. The requirement to ensure that the objectives of preventing major accidents and limiting their consequences are taken into account in land-use planning policies and that these objectives are pursued through controls. The requirement to ensure that planning authorities set up appropriate consultation procedures to facilitate implementation of these and other policies established under the Article.

These Regulations amend the Planning (Hazardous Substances) Act 1990 ("the Act"), the Planning (Hazardous Substances) Regulations 1992, the Town and Country Planning (Development Plan) Regulations 1991 and the Town and Country Planning (General Development Procedure) Order 1995.

The Act provides that the presence of a hazardous substance on, over or under land at or above the controlled quantity requires hazardous substances consent. The controlled quantity must be calculated by aggregating the quantity of a substance on, over or under land and certain other land or structures (together "the control zone"). Regulation 2 amends section 4 of the Act by adding to the control zone any other land which forms part of a single establishment.

Regulation 3 amends the Planning (Hazardous Substances) Regulations 1992. The main change is that it provides a new Schedule 1 prescribing the substances which are hazardous substances and their controlled quantities. Regulation 3(4) and regulation 2(2) amend provisions relating to exemptions from hazardous substances consent. Regulation 3(5) adds to the requirements for hazardous substances authorities to consult before granting hazardous substances consent. Regulation 3(8) and Schedule 2 prescribe new application and claim forms for hazardous substances consent.

Regulation 4 makes provision for deemed consents for hazardous substances for which a hazardous substances consent was not required before these Regulations came into force.

Regulation 5 amends the Town and Country Planning (Development Plan) Regulations 1991 to add to the matters that local planning authorities shall have regard when formulating their policies in a unitary development or structure plan.

Regulation 6 amends the Town and Country Planning (General Development Procedure) Order 1995 to add to the categories of development in relation to which local planning authorities are required to consult before granting planning permission.

A Regulatory Impact Appraisal has been prepared in relation to these Regulations. It has been placed in the Library of each House of Parliament and copies may be obtained from PD5A Division, Department of the Environment, Transport and the Regions, Eland House, Bressenden Place, London SW1E 5DU (Telephone 0171-890-3902) or Planning Division, Welsh Office, Cathays Park, Cardiff CF1 3NQ (Telephone 01222-823479).

ISBN 0 11 082367 2


 
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Prepared 19 April 1999