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PO9  Criteria for Development Near Notifiable Hazards  Policy

Proposals falling within the consultation zone of a hazardous installation or where toxic, highly reactive, explosive or flammable substances are present, will only be permitted where the Local Planning Authority is satisfied that the level of risk resulting from proximity to the hazardous installation is within acceptable limits. In assessing this, particular regard will be had to the following criteria:

(i) the size and nature of the development proposed, including its compatibility with the existing installation;

(ii) whether the proposal would lead to a material increase in the numbers of people working within or visiting the consultation zone;

(iii) the vulnerability of those people, in terms of ease of evacuation and other emergency procedures; and

(iv) the nature of the hazard to which those people would be exposed.

Proposals will only be permitted which would not expose significant numbers of people to unacceptable levels of risk or require the modification or revocation of an existing Hazardous Substances Consent.

Reasoned justification :

21.28 The Health and Safety Executive is responsible for notifying the Local Planning Authority of “consultation zones” around hazardous sites. Land and property falling within such a zone are considered to be most directly at risk were an accident to occur. It is, therefore, particularly important that new development within a consultation zone is carefully controlled in the interests of public safety.

21.29 Planning regulations allow for the Health and Safety Executive to advise the Local Planning Authority on the nature and severity of the risks involved to people and property located within such areas. However, the responsibility for the final decision remains with the Local Planning Authority. Policy PO9, therefore, sets out the criteria that the Local Planning Authority will apply in considering development proposals within areas at risk.

21.30 There are currently eleven “consultation zones” notified to the Local Planning Authority, to which Policy PO9 will apply, in the vicinity of the following installations:

- Barker and Briscoe, Carr Lane, Moreton
- AVC International, Dock Road Seacombe
- British Gas, Dock Road, Poulton
- British Gas High Pressure Gas Pipeline, M53/Wallasey Dock Road
- British Gas, Hind Street, Tranmere
- Samson Welding, Thomas Street, Tranmere
- Shell UK Terminal Tranmere
- Lubrizol, Dock Road South, Bromborough
- Shell UK, Tank Farm Road, Eastham
- GATX Terminals, Bankfield Drive, Eastham

21.31 The location of these installations is shown on Map 11.

21.32 Where the Health and Safety Executive clearly indicates that a development should be refused in the interests of the safety of the existing installation or of the safety of people likely to be attracted by the proposal, planning permission will not normally be granted.