Updates

The Town and Country Planning (Miscellaneous Amendment) (Scotland) Regulations 2022

  • Legal

Jurisdiction: Scotland

Commencement: 1stth December 2022

Amends:   Planning (Hazardous Substances) (Scotland) Act 1997 (c.10)

Mini Summary

The Planning (Hazardous Substances) (Scotland) Act 1997 (c.10) requires sites to have the consent of the local planning authority to hold certain levels of hazardous substances. The threshold levels, referred to as ‘controlled quantities’, are set out in The Planning (Hazardous Substances) (Scotland) Regulations 2015. Note that the ‘controlled quantities’ mirror the threshold for a lower tier ‘COMAH’ site. This means that all ‘COMAH’ sites should also have hazardous substances consent. (See The Control of Major Accident Hazards Regulations 2015 for detail on ‘COMAH’ sites).

The planning authority is required to consult with the Health and Safety Executive (HSE), or in some cases the Office for Nuclear Regulation (ONR), when considering an application for hazardous substances consent. The HSE (or ONR) will consider the hazards and risks which the hazardous substance may present to people in the surrounding area, and take account of existing and potential developments, in advising the planning authority on whether or not consent should be granted.

Duties

Various duties apply.

Amendment

A transitional exemption is added for Section 21 (Offences). This means that an offence is not committed under this section and a hazardous contravention notice cannot be issued before 1st December 2023.

This exemption only applies to:

  • substances stored on the premises between 30th November 2021 and 30th November 2022;
  • substances where a hazardous substance consent was not required; and
  • substances that do not exceed the established quantity*.

*Established quantity means the maximum quantity of substance that is approved.

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