Check with your local authority first

Apr 30 2008 by David Brocklehurst for The Journal

WHAT issues do you take into account when considering potential development sites? Flooding? The risk of subsidence? The presence of a gasholder nearby?

While the first two issues will often be at the forefront of your mind, hazardous installations are often not given the consideration they deserve – they could restrict your ability to obtain planning permission and leave you with a virtually worthless site.

However, with some planning and investigation, you can generally obtain a good indication of whether your proposal would be favourably considered.

When considering planning applications for sites close to hazardous installations, local planning authorities will generally seek the views of the Health and Safety Executive (HSE) who will indicate whether or not they “advise against” the proposed scheme.

Your first step should be to check with your local authority on whether your development falls within the ‘consultation distance’ of a major hazard installation. The consultation distance is set by the HSE and differs from installation to installation.

It is normally divided into three zones – the inner, middle and outer zones (again, you can check these distances with your local planning department).

Once you have established that your proposal is within the consultation distance of a major hazard and in which zone your development will be situated, you need to assess the “sensitivity” of the development.

The HSE has four levels of sensitivity, with Level Four being the most sensitive. For example, a residential development comprising 30 houses or less is normally a level two development.

Once you have assessed which zone the development falls into and its sensitivity level, you must then use the HSE’s “decision matrix” to discover what their likely response would be.

As a guide, the lower the sensitivity level of the development, the less likely the HSE will be to advise against development. For example, if a development has level one sensitivity then guidance suggests that the HSE would not advise against development in any of the three zones.

However, in the case of a level four development, the guidance indicates that the HSE will advise against any development in all three zones.

Difficulties can arise at any stage, especially if you propose a mixed-use development which straddles all three zones and comprises several different sensitivity levels.

David Brocklehurst is a chartered town planner with Ward Hadaway law firm in Newcastle.