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Land Use Planning in the Flemish Region and Seveso Establishments,

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Presentation on theme: "Land Use Planning in the Flemish Region and Seveso Establishments,"— Presentation transcript:

1 Land Use Planning in the Flemish Region and Seveso Establishments,
Belgium. Katrien Debeuckelaere Department of Town and Country Planning Land Use Planning Unit Flemish Region Belgium Marc Bogaert Department of Environment, Nature and Energy Safety Report Division Flemish Region Belgium Kies 'Beeld > Koptekst en voettekst' om de voettekst in te voegen

2 Overview Introduction Land-use planning in Flanders
Cyprus – 24 September 2012 Overview Introduction Land-use planning in Flanders Spatial Safety Report in Flanders Cases Land-Use Plan Building Permit

3 Cyprus – 24 September 2012 Introduction Article 12 is implemented in the Member States in differrent ways e.g. Flanders: Spatial Safety Report and Land-Use Plan More information in Overview of Roadmaps For Land-Use Planning in Selected Member States

4 Spatial planning in Flanders Planning Decree (1996)
Cyprus – 24 September 2012 Spatial planning in Flanders Planning Decree (1996) Three planning levels: Region (Flanders) Provinces (5) Municipalities (308) Principle of subsidiarity Each level: two types of instruments: Structure planning Land-use plans Subsidiarity: all levels will be able to draw up plans for issues that apply at their level: relative autonomy per level, higher plans as a condition for lower plans, dedication of specific tasks by the higher level, co-operation!

5 Spatial planning in Flanders Structure planning
Cyprus – 24 September 2012 Spatial planning in Flanders Structure planning Policy document that offers a framework for the desired spatial structure Long term vision Coherent approach of spatial claims Action oriented Continuous and cyclic Essential options, no zoning plan

6 Spatial planning in Flanders Land-use Plans
Cyprus – 24 September 2012 Spatial planning in Flanders Land-use Plans Land-use plan/zoning plan to implement Spatial Structure Plan Contains land-use regulations For a part of parts of the territory of a planning authority Legal instrument which set the framework for building permits/planning permissions Detailed delineation Essential options, no zoning plan

7 Spatial planning in Flanders Land-use Plans
Cyprus – 24 September 2012 Spatial planning in Flanders Land-use Plans It contains: a graphic plan planning regulations: zoning, design/lay-out, management /.. An overwiew of the conclusions of the spatial safety report (from 1/9/09 onwards)

8 Spatial planning in Flanders Land-use Plans
Cyprus – 24 September 2012 Spatial planning in Flanders Land-use Plans Consultation of the Safety Report Division during the preparation of the Land-use Plan

9 Decree criteria Cyprus – 24 September 2012 No SSR Or: SSR
Seveso establ at < 2km of area special attention? Seveso-establishment present or possible in draft lup? Area of special attention at < 2km from Seveso establ? Areas of special attention in lup? All risks known by Safety Report Division? No SSR Or: SSR Or: planning regulations SSR no yes Safety Report Division receives draft lup Decree criteria

10 Flanders : Criteria - IRC
Cyprus – 24 September 2012 Flanders : Criteria - IRC Risk Acceptability IRC Border of the establishment /y Border of residential area /y Border of area containing /y vulnerable location

11 Flanders: Criterion Societal Risk (SR)
Cyprus – 24 September 2012 Flanders: Criterion Societal Risk (SR) Normaliter is GR 1 curve. Hier 2 curves, zie verder (met/zonder buren-populatie)

12 Areas of special attention
Cyprus – 24 September 2012 Areas of special attention Residential areas ( IRC 10-6/y and SR) Residential zoning Group of at least 5 dwellings in non-residential zoning Areas with a vulnerable location (IRC 10-7/y and SR) Schools (< 18 years) Hospitals Retirement homes Buildings and areas of public use, recreational areas (SR) Major transport routes (probability/effect) External sources of danger (probability) Areas of particular natural sensitivity or interest (effect)

13 Cyprus – 24 September 2012 Spatial Safety Report Risk analysis for residential areas and areas with vulnerable location Quantitative methodology based on the amount and type of the dangerous substances Method based on inversed subselection (indication number A) Method using representative substances Both methods are conservative Risk assessment for other areas of special attention Qualitative methodology

14 Siting new industrial park
Cyprus – 24 September 2012 Siting new industrial park

15 Siting new residential area or new area of special attention
Cyprus – 24 September 2012 Siting new residential area or new area of special attention

16 Proof that it works Case: residential area nearby Seveso company ?
Cyprus – 24 September 2012 Proof that it works Case: residential area nearby Seveso company ?

17 Historical situation Overdam Perstorp Oxo Belgium
Cyprus – 24 September 2012 Historical situation Perstorp Oxo Belgium Overdam EOC Latex Division II

18 Seveso company EOC Polymers II
Cyprus – 24 September 2012 Seveso company EOC Polymers II Upper tier Seveso company In 2004: 360 ton butadiene (mounted tanks) (2 x 300 m3) and expansion planned with ca. 300 ton (500 m3)

19 Cyprus – 24 September 2012 LUP proposal Overdam EOC Latex Division II

20 Residential area Overdam
Cyprus – 24 September 2012 Residential area Overdam Historically developed Overdam with: ca. 20 houses ca. 4 agriculteral companies a manège Overdam was situated in an industrial area (circa 1970) Overdam as residential area (red colour) in LUP proposal (urbanisation plan)

21 Historical situation LUP proposal
Cyprus – 24 September 2012 Historical situation LUP proposal

22 Decision for LUP in 2005 Overdam EOC Latex Division II
Cyprus – 24 September 2012 Decision for LUP in 2005 Overdam EOC Latex Division II

23 Conclusion Case: residential area nearby Seveso company? Decision
Cyprus – 24 September 2012 Conclusion Case: residential area nearby Seveso company? Decision No residential area in LUP In period of 10 years no houses in area within IRC= 10-6/year Result Safe situation because of Spatial Safety Report

24 Spatial planning in Flanders Land-use Plans
Cyprus – 24 September 2012 Spatial planning in Flanders Land-use Plans Limitations of a land-use plan Land-use planning implements spatial requirements Integration of environmental concerns in a land-use plan  regulating environmental concerns in a land-use plan

25 Cyprus – 24 September 2012 Plan Building Permit

26 Risk analysis → plan → permit
Cyprus – 24 September 2012 Risk analysis → plan → permit The way the advice from the Safety Report Division is translated in the plan or Translation of a spatial safety report (technical) in a land-use plan/zoning plan A spatial safety report contains the technical data for land-use planning Does not give information on future developments

27 Cyprus – 24 September 2012 Plan Translation in the regulation of a land-use plan (urban code) is limited? Seveso establishments not allowed Seveso establishments allowed Requirement to request the advice of the Seveso unit before granting a building permit within a certain distance from a Seveso establishment

28 Cyprus – 24 September 2012 Exclusion in a zoning Exclusion of Seveso-establishments in a zoning: this has several consequences because legislation can change; external risks of a Seveso-establishment can change; avoidance of the dangerous phenomena (poolfire; tankfire; fireball; vapour cloud explosion; flashfire; jetfire; cloud release) can not be regulated in a spatial regulation and what about Seveso establishments with substances with a very limited external risk not possible to translate in a land-use plan

29 Cyprus – 24 September 2012 Lessons learned Preparatory stage of a land-use plan - as early as possible information on Seveso establishments and areas of special attention

30 Cyprus – 24 September 2012 Lessons learned This information helps to avoid planning certain zonings next to each other BUT

31 Instruments – Plan - Permit
Cyprus – 24 September 2012 Instruments – Plan - Permit A land-use plan is limited – other instruments and policies are also important Eg Permit - A residential area does not specify locations for hospitals, schools, … this is dealt with at the level of a permit Economic instruments - a land-use plan does not specify locations for Seveso establishments in an industrial area… this is dealt with at the level of deciding how to allocate parts of the area to certain activities and consequently the selling policy Building permit or environmental permit – an instrument of land-use planning or an environmental instrument

32 Information on external safety is important for
Cyprus – 24 September 2012 Information on external safety is important for Land-use plan: information available in the spatial safety report and technical advice on the interpretation of this information in order to help to choose the right zoning, to avoid conflicts Economic level: allocation of industrial grounds Permit level: building permits and environmental permits – in some cases advice required from the Safety Report Division

33 Cyprus – 24 September 2012 Final remark Land-use planning: several aspects are at stake: spatial/land-use – cultural – social – environmental – economical and financial demands. External risks is one of them. Importance of communication between planners and the administration dealing with Seveso establishments – multidisciplinary approach

34 Thank you for your attention

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