Land use planning/security related issues Group 2 Break-out session 2 Land use planning/security related issues Group 2

Questions for discussion B2-1 LAND USE PLANNING: Main Question: What is your role and experience in reviewing and approving planning decisions in your country? Do you cover new explosives sites, their modification and the construction of public/residential premises and traffic routes within the affected radius? Are the rules and criteria different for explosives and pyrotechnics/fireworks Are you automatically consulted? Is there pressure on you to allow building near an explosives site and how do you judge the risks? If you refuse it, on what grounds can you do so? If not, what do you do?   B2-2 SECURITY Main Question: How do you work with your police and security services in regulating and inspecting explosives and pyrotechnic/fireworks sites? Do you see a breach of security; either to steal explosives or to blow up the premises as a significant risk? Do you work together or which one takes the lead and has overall authority? What is the response to an incident; explosion or security breach and who investigates it; police; security services (army/government security services) or you, the competent authority? How do you manage the safety and security of site and local personnel during an incident? FINLAND In Finland when planning changes in the land-use near explosive sites, the law says that the planning authority has to request a statement from Tukes. The low density of population in Finland makes this less a problem. The distances between 500m and 2.5 km (consultation area) (500 is the start but it can be bigger.) Do not use structural mitigation to adapt to new uses. No illegal activity ever occurs. TUKES advises the planning authority about the distance NORWAY Licenses for storage are only 5 years. Every 5 years the company has to reapply. Five years established because municipality didn’t inform. The evaluation for the license includes an evaluation of the surrounding area. Stopped asking municipalities for comment because they hardly ever do. The govt doesn’t evaluate the land-use, it evaluates the risk. The permit does not prohibit anything. That is up to the municipality. The municipality then asks what does this mean. If the municipality wants to approve a new use (kindergarten, for ex), the site has to adjust. Often sites will ask for new zoning around the site when they are established. Containers (temporary shelters) are not treated the same by different municipalities – sometimes require land-use approval and sometimes don’t. Use same formula as German but a different K value. The k value is higher than in Germany for vulnerable buildings (hospitals, schools, etc., building hard to evacuate) 800m minimum for vulnerable buildings. Municipality is the wild card. If there is an encroachment and the 5 year permit comes up, the municipality has to choose what it wants. Do you want the jobs or the houses? In the old days, the plant manager had to live on site. No public hearing for explosive licenses in general. Quantitative distance based on BAM formula. But can argue that it could be less based on 1.5 X 10-4 is risk, especially if there are mitigating circumstances (density of use, nature of the work on the site, time of exposure to the risk-based work). BELGIUM In Belgium it is the regional authority for land-use planning. It is quite similar to Finland. There are consultation zones and criteria for hospitals,etc. PORTUGAL Inspection services don’t deal with land-use planning. Companies have to send the environmental agency their systematic approach. UK You have to get a license from HSE and the environment agency. The licensing application has to go through a public meeting. Once the license is issued there is a safeguarding plan lodged with the planning authority. Public transport can be closer than buildings than houses and vulnerable buildings are further away. If HSE is consulted, they will say it could influence the financial viability of the company. The HSE can have a public inquiry about a planning permission. For the public meeting, the applicant has to put a notice in the paper. Anyone who wants to object can write to the local authority. Around 70% don’t get any objections. If the result of the hearing is that the local authority will not give approval, it is accepted but it has to be a health and safety justification. The local authority is the County council. The risk of explosive sites is assumed to be 1. PRESSURE TO BUILD AROUND SAFETY SITES? Not in Finland and Portugal, somewhat in UK and Norway B2 – SECURITY ISSUES Security is under the jurisdiction of the police. Competence of another authority The Seveso authority is the security competent authority too. Explosives need to tolerate 20 minutes of dedicated break-in entry. That means there have to be barriers to reaching explosives that cause 20-minute delay. Pyrotechnics are only allowed storage for 1 month. Risk is low, but in 2015 there were 3 attempts and 2 were successful. One site did not comply with security requirements. Pyrotechnics also be subject to theft at Christmas time because they are high value. Police don’t speak to each other across municipalities and no central registration. When explosives are found illegally, there is no ability to trace origin. Norway does not give procurement licenses to people, only to companies. TUKES regulates security but police can also attend inspections (also in Norway). Few security issues. There is a distinction between explosives attractive to terrorists and criminals. To have those, you have to get a certificate from the police. Not necessary for fireworks. The Home Office determines standards, HSE enforces the standards. The building has to be able to stand an attack for 30 minutes and the alarm has to go off at an early stage of the attack (e.g., sonic vibration detectors). When license is issued, there is a requirement that the person has to meet criteria as a “fit person” to possess such a license, also all the drivers (also in Norway, is it ADR?)

B2-1 Land Use Planning Main Question: What is your role and experience in reviewing and approving planning decisions in your country? National or regional authority provides opinion on the risk in terms of usually consultation distances based on quantity and/or risk and in consideration of vulnerable objects If the municipality has allowed an “encroachment”, the company has to adjust. In Norway the land-use planning opinion is associated with licenses that are only 5 years. Local authorities take the decision, in some cases a county authority in other cases the municipality. For Seveso sites there is a public process. UK: Based on outcomes of the process, municipality can deny permission but only on health and safety reasons Norway: Only applies to a few sites that are Seveso sites Risk distance formulas: Distances based on classification Tukes uses consultations of 500m to 2.5 km Norway uses BAM method with higher k value Can be modified sometimes based on a risk assessment (Norway) You can take notes in this section:

B2-2 Security Main Question: How do you work with your police and security services in regulating and inspecting explosives and pyrotechnic/fireworks sites? Enforcement Belgium and Portugal – Not addressed by the inspection authority UK, Norway – Enforcement is a main responsibility of the inspection authority; Police can accompany inspection Perceived risk of security breaches Higher in UK and Norway, slightly less so in Finland A few incidents in 2015 in Norway Specific security precautions Requirement to impose barrier to reaching explosives, e.g., causing adequate delay for police intervention (20 minutes – Norway/UK-20 minutes) Alarm has to go off early Licensing for certain explosives (associated with terrorists/criminals) UK - given to individuals (with criminal background check, Noway -given to companies Drivers must pass criminal background check (UN ADR?) Pyrotechnics are treated differently In Norway only one month storage around Christmas allowed. (for retail market) You can take notes in this section: