Hazardous substances (Storage)
- Consent Needed and How to Obtain It
- Performance Standards
- Sampling/Monitoring Requirements
- Reporting Requirements
- Non Compliance
- Renewal and Variation
- Pending Legislation
For more detail on the Legislation relevant to this page, please use the following links:
A Guidance Document, relevant to the Planning (Hazardous Substances) Act 1990, is available from the Government’s Communities and Local Government website and which provides a list of substances and controlled quantities.
Planning Circular 04/00 provides guidance on the operation of the consent procedure and planning controls for hazardous substances. REACH Guidance available on the ECHA Website. REACH Guidance Document for the Offshore Industry (Word document)
DECC have issued an updated guidance document relating to REACH, including minor amendments following the introduction of SI 2013/2919 – The REACH Enforcement (Amendment) Regulations 2013.
Hazardous substances consent
Under the provisions of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993, and similarly the Planning (Hazardous Substances) Regulations 1992 in England and Wales, the presence of a ‘hazardous substance’ which is:
and which is within or above the ‘controlled quantity’, the operator must obtain a Hazardous Substances Consent from the relevant hazardous substances authority (usually the local authority). The provisions of the regulations apply to any person knowingly causing/allowing the hazardous substance to be present, or the person in control of the land. There are 71 hazardous substances which, together with their controlled quantities, are listed in Schedule 1 of the Regulations.
|How to Apply for a Hazardous Substances consent:||
Request the relevant application form together with relevant notices and certificates for publicity purposes from the hazardous substances authority (i.e. Local Authority).
Form 1 is for general applications for hazardous substances consent (HSC). Form 2 is for applications to remove conditions or to continue a consent upon partial change in control of land.
The hazardous substances consent may be applied for using a self-prepared proforma, provided that this accords with the prescribed form, otherwise the application may be invalid.
Before submitting an application form, applicants must also:
When the application is submitted it must be accompanied by:
Schedule 2 of The Planning (Hazardous Substances) Regulations 1992 and Schedule 2 of The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 contain the relevant forms required to make an application for a Hazardous Substances Consent. The remaining forms contained in Schedule 2 of the Regulations relate to certifying ownership of the property.
The application must be accompanied by the appropriate fee. For applications where no one substance exceeds twice the controlled quantity, the fee is £250. For proposals involving the presence of a substance in excess of twice the controlled quantity, the fee is £400. Where the application is for either:
The overall application must comprise three copies of each document, i.e. the application form, the map and plan, and all notices and certificates.
|Who to Apply to:||You should apply to the relevant Local Authority.|
In addition, under the Notification of Installations Handling Hazardous Substances Regulations 1982 as amended, the Health and Safety Executive must be notified of an operator’s intention to store and/or handle a ‘hazardous substance’ at a quantity greater than the ‘notifiable quantity’ which is:
The operator must notify the HSE of any intention to handle hazardous substances in writing, at least three months before any activities involving the substances occur. This period may be reduced as long as the HSE agree. The details that must be included in the letter of notification are listed in Schedule 2 of The Notification of Installations Handling Hazardous Substances Regulations 1982 as amended.
The information required in Schedule 2 includes the following:
The HSE will acknowledge that they have been notified of an operator’s intention to handle hazardous substances.
|EC Regulation 1907/2006 (REACH):||REACH is a new European Community Regulation on chemicals and their safe use (EC 1907/2006). It deals with the Registration, Evaluation, Authorisation and Restriction of Chemical substances. The new law entered into force on 1 June 2007.The aim of REACH is to improve the protection of human health and the environment through the better and earlier identification of the intrinsic properties of chemical substances. At the same time, innovative capability and competitiveness of the EU chemicals industry should be enhanced. The benefits of the REACH system will come gradually, as more and more substances are phased into REACH.The REACH Regulation gives greater responsibility to industry to manage the risks from chemicals and to provide safety information on the substances. Manufacturers and importers will be required to gather information on the properties of their chemical substances, which will allow their safe handling, and to register the information in a central database run by the European Chemicals Agency (ECHA) in Helsinki. The Agency will act as the central point in the REACH system: it will manage the databases necessary to operate the system, coordinate the in-depth evaluation of suspicious chemicals and run a public database in which consumers and professionals can find hazard information. The Regulation also calls for the progressive substitution of the most dangerous chemicals when suitable alternatives have been identified.
REACH provisions will be phased-in over 11 years.
The impact of the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regime is developing. The requirement for manufacturers and importers to pre-register chemicals has concluded. Chemicals manufactured or imported into the EU in quantities of over one tonne need to be registered with the European Chemicals Agency (ECHA). Gradually more requirements are being passed onto users of chemicals with certain records to be kept.
A Timetable of REACH Implementation (Word document) is available on the DECC Website.
|Consent Conditions:||The hazardous substances consent will specify the land and the substance(s) to which the consent relates, and the maximum quantity of each substance that may be present at any one time.|
|Non Compliance – Contravention Notice:||
Where the applicant has contravened hazardous substances control, i.e. the applicant has not complied with the terms or conditions of the consent, or a consent was not obtained, the hazardous substances authority has several options open to them:
|Draft Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations 2018||These Regulations amend some references made to the Seveso III Directive 2012/18 on the control of major-accident hazards involving dangerous substances and to other EU legislation, which are currently in the Control of Major Accident Hazards (COMAH) Regulations SI 2015/483|
|None at present.|