Significant infrastructure projects (SIPs): role of the Health and Safety Executive
Contents
What the Health and Safety Executive (HSE) is
HSE is a statutory non-departmental public body with Crown status. It is sponsored by the Department for Work and Pensions.
What the HSE does
HSE is Great Britain’s national regulator for workplace health and safety.
It aims to reduce work-related death, injury and ill health. It does this by:
- carrying out research
- providing information and advice
- promoting training
- developing regulations and codes of practice
- operating permissioning and licensing activities in major hazard industries
- carrying out targeted inspections and investigations
- taking enforcement action
- working with local authorities and others
Further information is available on the HSE website.
HSE’s role in land use planning
HSE has experience and knowledge of major accident hazards. These include hazards where a failure at a site could lead to catastrophic harm due to fire, explosion or release of toxic or flammable gases.
HSE acts as a consultee in England, Scotland and Wales to planning authorities on:
- applications for Hazardous Substances Consent
certain types of development near:
- major hazard installations
- major accident hazard pipelines
- HSE-licensed explosive sites
HSE sets a consultation distance around these sites.
Details of HSE’s approach to land use planning can be viewed on the HSE website.
HSE also provide a Planning Advice Web App for developers, local authorities and other stakeholders. The web app can be used to make enquiries and obtain advice from HSE directly.
This includes free advice on whether a proposed infrastructure development is within the consultation zone of:
- a major hazard site
- a major accident hazard pipeline
- an HSE licensed explosives site
HSE’s role in significant infrastructure projects (SIPs)
HSE has an important role in providing public safety advice on proposed SIPs.
Applicants should consult with HSE on their proposal as early as possible. This is particularly important at the pre-application stage.
This is relevant where development of a SIP may impact major accident hazard considerations.
HSE will consider whether the proposal:
has the potential to cause a major accident, for example whether the development:
- requires hazardous substances consent
- will be within scope of the Control of Major Accident Hazards (COMAH) Regulations
- could affect a Control of Major Accident Hazards site- is vulnerable to potential major accidents, for example whether it is within a consultation zone around a major hazard site, major accident hazard pipeline or an HSE licensed explosives site
When providing advice on SIPs, HSE may also highlight:
- where the proposal is on an existing major hazard site, and the development could have significant consequences for major accident hazards
- whether an application should be made to the Hazardous Substances Authority for a new hazardous substances consent
- whether existing hazardous substances consent(s) need to be varied
whether there is a nearby facility licenced under either:
- Explosives Regulations 2014
- Dangerous Good in Harbour Areas Regulations 2016
Consultation during the examination stage
PEDW, on behalf of the Welsh Ministers, will consult HSE at the start of the examination stage for all SIP applications.
HSE uses the same criteria to review all relevant application documents and provide public safety advice.
Applicants should fully address any responses received from HSE at the pre-application stage.
Where HSE is not satisfied that issues raised in its response have been addressed at the pre-application or examination stage, it may contact the applicant directly. This is to confirm how outstanding issues will be resolved.
This engagement will inform whether HSE submits a representation to the Welsh Ministers. It will also inform any further involvement HSE may have in the determining the SIP application.
Environmental Impact Assessment scoping
PEDW will notify HSE when it receives an Environmental Impact Assessment scoping opinion request for a proposed SIP application.
Any Environmental Statement prepared by the applicant as part of a SIP application should include:
a description of the expected significant adverse effects of the development on the environment deriving from the vulnerability of the development to risks of major accidents and/or disasters which are relevant to the project concerned.
When consulted, HSE will provide useful information on this criterion for relevant applications. Applicants can use this information to help prepare their Environmental Statement.
Risk assessments
HSE does not usually have a role in examining risk or hazard assessments as part of any SIP application.
There is no expectation that applicants should submit a risk assessment to HSE as part of the planning process.
However, it may be useful for applicants to carry out a risk assessment as early as possible. This can help them confirm that the design and operation of their proposed SIP will meet relevant health and safety legislation as the proposal is developed.
Contact HSE
Send all correspondence about significant infrastructure projects (SIPs) to: NSIP.applications@hse.gov.uk
Exceptionally, if it is not possible to email, send correspondence to:
NSIP/SIP Consultations
1.2 Health and Safety Executive
Redgrave Court
Merton Road
Bootle
Merseyside
L20 7HS
HSE has ways to accept large file types. Contact the email address above for further details.
Do not send duplicate hard copies in addition to e-mail.
Do not send removable media (e.g. CDs, DVDs and USB drives) to HSE.
Other land use planning related contact details for HSE, including for the Web App,can be found on the HSE website.
