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Land Use Planning in the Flemish Region and Seveso Establishments, Belgium.

Land Use Planning in the Flemish Region and Seveso Establishments, Belgium. Marc Bogaert Department of Environment, Nature and Energy Safety Report Division Flemish Region Belgium. Katrien Debeuckelaere Department of Town and Country Planning Land Use Planning Unit Flemish Region

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Land Use Planning in the Flemish Region and Seveso Establishments, Belgium.

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  1. Land Use Planning in the Flemish Region and Seveso Establishments, Belgium. Marc Bogaert Department of Environment, Nature and Energy Safety Report Division Flemish Region Belgium Katrien Debeuckelaere Department of Town and Country Planning Land Use Planning Unit Flemish Region Belgium

  2. 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 differrentways 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. 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

  5. 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

  6. 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

  7. 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 spatialsafety report (from1/9/09 onwards)

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

  10. Cyprus – 24 September 2012 Flanders : Criteria - IRC Border of the establishment 10-5/y Border of residential area 10-6/y Border of area containing 10-7/y vulnerable location

  11. Cyprus – 24 September 2012 Flanders: Criterion Societal Risk (SR)

  12. Cyprus – 24 September 2012 Areas of special attention • Residential areas ( IRC 10-6/y and SR) • Residential zoning • Group of at least5dwellings 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, recreationalareas (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. Cyprus – 24 September 2012 Siting new industrial park

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

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

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

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

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

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

  21. Cyprus – 24 September 2012 Historicalsituation LUP proposal

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

  23. 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. Cyprus – 24 September 2012 Spatial planning in Flanders Land-use Plans • Limitations of a land-use plan • Land-use planning implementsspatialrequirements • Integration of environmental concerns in a land-use plan regulatingenvironmental concerns in a land-use plan

  25. Cyprus – 24 September 2012 Plan Building Permit

  26. 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 spatialsafety 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 establishmentsnotallowed • Seveso establishmentsallowed • Requirementtorequest the advice of the Seveso unit beforegranting a building permit within a certaindistancefrom 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 notpossibleto 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. 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 anenvironmental instrument

  32. 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 www.rwo.be www.lne.be

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