Land Planning

Land Planning in Europe

Definition of Land Certificate

A certificate under the seal of the Land Registry containing a copy of the registered particulars of a certain piece of land. [1]

PLANNING CONTROLS FOR HAZARDOUS SUBSTANCES

This section describes the implementation of the land use planning elements of European Directive 2012/18/EU (The Directive) on the control of major accident hazards involving dangerous substances. The Directive aims to prevent major accidents and limit the consequences of such accidents. The land use planning elements require the aims of the Directive to be taken into account in planning policies and decisions, including through maintaining appropriate safety distances between major hazard sites and other development and protecting areas of natural sensitivity.

The Directive specifies named substances and generic categories of substance along with controlled quantities. Where substances are present at or above controlled quantities, the requirements of the Directive apply. These dangerous substances are referred to as ‘hazardous substances’ for the purposes of domestic planning legislation.

National planning policy and development plans and adopted supplementary guidance, which set the framework for decisions on such applications, must also take into account the aims of the Directive. Finally, public participation procedures are in place which also take into account requirements of the Directive in relation to public involvement in decision making, in line with the UNECE Aarhus Convention.

In Scotland, land use planning aspects of the Directive are given effect through the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 (the 2015 Regulations).

Planning Policies

The Planning system is a plan led system and the Directive requires that land use planning policies take into account the aims of the Directive. This means addressing in policies the need to keep appropriate distances between establishments and areas where people are likely to be present and to protect areas that are environmentally sensitive. Policies should also address the taking of technical measures at existing establishments so as not to increase the risks to human health and the environment.

It is important that the public, planning authorities, those storing and/ or using hazardous substances and other developers engage in the preparation of planning policies and plans and programmes, to ensure their views are considered. These policies, plans and programmes will set the context for decisions on hazardous substances consent, planning permission and other aspects of planning.

Land Use Planning

Resources

Notes

Definition of Certificate, Land is, temporally, from A Concise Law Dictionary (1927). This

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