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CONSULTATION ON NEIGHBOURHOOD PLANS - REPRESENTATIONS BY HSE
OLD MILVERTON AND BLACKDOWN NEIGHBOURHOOD PLAN
KENILWORTH NEIGHBOURHOOD PLAN
Thank you for your request to provide a representations on the Old Milverton and Blackdown Neighbourhood Plan and Kenilworth Neighbourhood Plan consultation documents. When
consulted on land-use planning matters, the HSE where possible will make representations to
ensure that compatible development within the consultation zones of major hazard
installations and major accident hazard pipelines (MAHPs) is achieved. HSE acknowledges
that early consultation can be an effective way of alleviating problems due to incompatible
development at the later stages of the planning process.
HSE gives advice on neighbourhood plans with reference to the condition that neighbourhood
plans or Orders must be in general conformity with the strategic policies of the Local Plan, and
that neighbourhood plans or Orders must be compatible with European Union obligations, as
incorporated into UK law, in order to be legally compliant (Planning Practice Guidance -
Neighbourhood Planning - Para 065). Our advice therefore is given with consideration to the
following.
1. Paragraph 172 of the National Planning Policy Framework (NPPF) requires that
planning policies should be based on up to date information on the location of major
accident hazards and on the mitigation of the consequences of major accidents.
2. Regulation 10(b) of the town and Country Planning (Local
Planning)(England)Regulations 2012 requires that in local plans and supplementary
planning documents, regard be had for the objectives of preventing major accidents
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and limiting the consequences of such accidents by pursuing those objectives through
the controls described in Article 12 of Council Directive 96/82/EC(Seveso II)1.
Regulation 10(c)(i) requires that regard also be had to the need in the long term, to
maintain appropriate distances between installations and residential areas, buildings
and areas of public use, major transport routes as far as possible and recreational
areas.
Scope of Advice
At this early stage HSE can give a general opinion regarding development compatibility
based only on the outline information contained in the plan. This opinion takes no account
of any intention to modify, relinquish or revoke hazardous substances consents2. Planning
authorities are advised to use HSE's Planning Advice for Developments near Hazardous
Installations Information Package (PADHI+) to verify any advice given. Further information
on PADHI+ is available on the HSE website:
http://www.hse.gov.uk/landuseplanning/padhi.htm
PADHI+ cannot be used for developments around nuclear sites, explosive sites or quarries.
In these cases you must consult the appropriate HSE directorate for advice. Guidance on
consulting the HSE about developments that could encroach on specialist major hazard sites
is also available on the website:
http://www.hse.gov.uk/landuseplanning/padhi/faqs.htm#hazardous-substances-consent.
Encroachment of Plan Boundaries and Consultation Zones
The following consultation zones are within both of the proposed neighbourhood plan
boundaries:
i) Both neighbourhood plan boundaries encroaches upon consultation zones
associated with a MAHP
HSE Reference No: 7190 (National Grid Reference No: 1460) - Rugby-Hanbury
National Grid Pipeline
Compatibility of Development with Consultation Zones
The compatibility issues raised by developing housing and workplaces within the inner middle and
outer zones are summarised below.
Housing Allocations
Inner Zone - Housing is not compatible with development in the inner zone. PADHI+ would
normally give an Advise Against decision for such development. The only exception is
developments of 1 or 2 dwelling units where there is a minimal increase in people at risk.
Middle Zone - The middle zone is compatible with housing developments up to and including 30
dwelling units and at a density of no more than 40 per hectare.
Outer Zone - Housing is compatible with development in the outer zone including larger
developments of more than 30 dwelling units and high-density developments of more than 40
dwelling units per hectare.
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Workplace Allocations
Inner Zone - Workplaces (predominantly non-retail) providing for less than 100 occupants in each
building and less than 3 occupied storeys are compatible with the inner zone. Retail developments
with less than 250 m2 total floor space are compatible with the inner zone.
Note Workplaces (predominantly non-retail) providing for 100 or more occupants in any building or
3 or more occupied storeys in height are compatible with the inner zone where the development is
at the major hazard site itself and will be under the control of the site operator.
Middle Zone - The middle zone is compatible with workplaces (predominantly non-retail). Retail
developments with total floor space up to 5000 m2 are compatible with the middle zone.
Outer Zone - Workplaces (predominantly non-retail) are compatible with the outer zone.
Workplaces (predominantly non-retail) specifically for people with disabilities (eg sheltered
workshops) are only compatible with the outer zone. Retail developments with more than 5000 m2
total floor space are compatible with the outer zone.
This is a general description of the compatibility for housing and workplaces. Detail of other
development types for example institutional accommodation and education and their compatibility
with consultation zones can be found in the section on Development Type tables (page 9) of
PADHI - HSEs Land Use Planning Methodology, which is available at :
http://www.hse.gov.uk/landuseplanning/padhi.pdf
Mixed use Allocations
Because of the potential complexity when combination use classes are proposed, advice regarding
mixed-use allocations is outside the scope of the general advice that can be given in this
representation. Please refer to PADHI+ to determine HSEs advice regarding mixed-use
developments.
Verification of Advice using PADHI+
The potential for encroachment is being brought to your attention at an early stage so that
you can assess the actual extent of any incompatibility on future developments.
Information on the location and extent of the consultation zones associated with major
hazard installations and MAHPs can be found on the HSE extranet system along with
advice on HSEs land-use planning policy. Lists of all major hazard installations and
MAHPs, consultation zone maps for installations, and consultation distances for MAHPs
are included to aid planners. All planning authorities should have an authorised
administrator who can access the HSE Planning Advice for Developments near
Hazardous Installations Information Package (PADHI+) on the extranet, further information
is available on the HSE website: http://www.hse.gov.uk/landuseplanning/padhi/htm. When
sufficient information on the location and use class of sites comes available at the preplanning
stages of the neighbourhood plan, the use of PADHI+ could assist you in making
informed planning decisions about development compatibility. We recommend that for
speculative testing of advice that the PADHI+ training database is used. This is accessed
on the land-use planning extranet services screen.
Identifying Consultation Zones in Neighbourhood Plans
The HSE recommends that where there are major hazard installations and MAHPs within
the area of the neighbourhood plan, that you mark the associated consultation zones on a
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map. This is an effective way to identify the development proposals that could encroach
on consultation zones and the extent of any encroachment that could occur. The proposal
maps in site allocation development planning documents may be suitable for presenting
this information. We particularly recommend marking the zones associated with any
MAHPs and the HSE advises that you contact the pipeline operator for up to date
information on pipeline location, as pipelines can be diverted by operators from notified
routes. Most incidents involving damage to buried pipelines occur because third parties
are not aware of their presence3.
Identifying Compatible Development in Neighbourhood Plans
The guidance in PADHI - HSEs Land Use Planning Methodology available at
http://www.hse.gov.uk/landuseplanning/padhi.pdf will allow you to identify compatible
development within any consultation zone in the area of the neighbourhood plan. The
HSE recommends that you include in the plan an analysis of compatible development type
within the consultation zones of major hazard installations and MAHPs based on the
general advice contained in the PADHI guidance. The sections on Development Type
Tables (page 9) and the Decision Matrix (page 17) are particularly relevant and contain
sufficient information to provide a general assessment of compatible development by class
within the zones.
There are a number of factors that can alter a PADHI+ decision, for example where a
development straddles 2 zones. These factors are outside the scope of the general
advice in this letter. HSEs final advice on development compatibility can only be
determined through use of PADHI+
Provision of Information to Interested Parties - Pipeline Operators
The pipeline operator/s referred to will be send a copy of this representation to make them
aware of HSE's preliminary advice on this matter.
If you have any questions about the content of this letter, please contact me at the address
given in the letterhead.