Last reviewed 2 September 2021
A non-legislative framework has been published by the Ministry of Housing, Communities and Local Government (MHCLG) to ensure continued co-operation between the Government and devolved administrations in relation to land-use planning around hazardous substances.
Hazardous substances planning encompasses the elements of the Seveso III Directive (2012/18/EU) which relate to land-use planning (LUP), including: planning controls on the presence of hazardous substances and handling development proposals both for hazardous establishments and in the vicinity of such establishments.
In accordance with the retained Seveso III Directive, the UK is obliged to ensure the objectives of preventing major accidents and limiting the consequences of such accidents are taken into account in land-use policies.
The planning framework will:
set out the area of EU law under consideration, current arrangements and any elements from the policy that will not be considered
break the policy area down into its component parts, explaining where common rules will and will not be required and the rationale for this approach; it will also set out any areas of disagreement
explain how the framework will operate in practice by setting out: how decisions will be made, the planned roles and responsibilities for each administration or a third party, how implementation of the framework will be monitored and, if appropriate, enforced, arrangements for reviewing and amending the framework, and proposed arrangements for resolution of a dispute
set out the next steps that would be required to implement the framework (subject to ministerial agreement) and key timings.