The Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations 2018
Jurisdiction: England
Commencement: 29 March 2019
Amends:
Town and Country Planning (Mayor of London) Order 2008
The Town and Country Planning (Development Management Procedure) (England) Order 2015
The Planning (Hazardous Substances) Regulations 2015
Mini Summary
The following are amended to ensure they are able to operate on the day that the UK leaves the EU. References to EU Directives are either:
- removed;
- made clear that any updates to the Directives after exit day will not be relevant to this Regulation; or
- are replaced with reference to Control of Major Accident Hazards (COMAH) Regulations 2015.
Amendment
Amendments to The Town and Country Planning (Mayor of London) Order 2008
Article 6 (Mayors power to direct refusal of a PSI application) is amended to:
- Replace reference to Directive 2012/18/EU on the control of major-accident hazards involving dangerous substance with Regulation 5 of the Control of Major Accident Hazards (COMAH) Regulations 2015 in paragraph 2(i)(iii); and
- remove paragraph 3 which references Directive 2012/18/EU.
Amendments to The Town and Country Planning (Development Management Procedure) (England) Order 2015
In Schedule 4 (Consultations before the grant of permission) reference to Directive 2012/18/EU on the control of major-accident hazards involving dangerous substance are replaced with reference to Regulation 6(6) of the Control of Major Accident Hazards (COMAH) Regulations 2015. In the interpretation table, reference to Directive 2012/18/EU is omitted (paragraph k (i)).
Amendment to the Planning (Hazardous Substances) Regulations 2015 (Health and Safety)
References in Directive 2012/18/EU are amended to make it clear that any updates to the Directives after withdrawal from the EU will not be relevant to Regulation 2 (Interpretation).
In Regulation 6, 10 and 26, paragraph ii(a) is inserted to ensure that the reference to the EU law Directive 2012/18/EU continues to operate effectively.
Regulation 24 is amended to replace reference to Article 13(2) of Directive 2012/18/EU with Regulation 5 of Control of Major Accident Hazards (COMAH) Regulations 2015.
Regulation 25 makes reference to Article 13 of Directive 2012/18/EU. This has been amended to mean any retained EU law which implemented the directive
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