Council Directive 96/82/EC, the Seveso directive, which is transposed into Irish law through the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000, SI 476 of 2000, requires, under article 12, that the objectives of preventing major accidents and limiting the consequences of such accidents are taken into account by the member states in their land use policies and or other relevant policies. It requires in the interests of safety that these policies must take account of the need, in the long term, to maintain appropriate distances between establishments covered by the directive and residential areas, areas of public use and areas of particular natural sensitivity or interest.
The directive further requires that the procedures set up to implement these policies must be designed to ensure that technical advice on the risks arising from the establishment is available, either on a case by case or on a generic basis, when decisions are taken. Regulation 29 of the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 covers the provision of such technical advice to planning authorities by the Health and Safety Authority.
The planning authorities are the major decision makers in relation to plants which fall under the terms of the regulations. The planning authorities consult the Health and Safety Authority which gives technical advice on land use policy. Circumstances may arise from time to time in which the implications of policy can, in the interests of health and safety, impose restrictions on usage of property. However, these restrictions are not unilateral. All plants affected by the directive are subject to the planning process which in itself has an appeals process built in and is transparent. Likewise, property owners whose land use may be restricted or otherwise affected by a proposed plant are entitled to avail of the planning and appeal process.