Land use plan (zone prohibition)

Land-use planning is the general term used for a branch of urban planning encompassing various disciplines which seek to order and regulate land use in an efficient and ethical way, thus preventing land-use conflicts. This lap examines:
• The main regulations/requirements regarding land use plans for building an HRS (e.g. permitting regime, agreement)?
• The authority responsible for delivering the land use permit?
• Whether there is a uniform permit process at local level throughout a country? (uniform interpretation?)
• The requirements in terms of documentation and time to change the land use plan?

Glossary:

Land-use planning is the general term used for a branch of urban planning encompassing various disciplines which seek to order and regulate land use in an efficient and ethical way, thus preventing land-use conflicts.

Pan-European Assessment:

Across the countries analysed, there are very few cases where hydrogen refuelling stations are specifically targeted and regulated from a land use planning perspective. In practice, the rules that would, arguably, be applicable to HRS do not differ significantly from those of conventional refuelling stations (in general) and those using compressed natural gas (CNG) in particular.

Although not explicitly regulated, permitting of HRS (without on-site generation) should generally be allowed by land plan use regulations where such plans also allow conventional refuelling stations.

Nevertheless, in most countries, on-site production of hydrogen (even when produced from non-emitting methods such as water electrolysis) would result in the HRS being classified as an industrial activity, hence such an HRS would only be permitted in an area designated as an industrial zone, significantly reducing the convenience level of users and severely limiting the business case for development of HRS’s with on-site production.
Is it a barrier?
yes
Type of Barrier
Structural barrier
Assessment Severity
2
Assessment
The building of HRS with production on–site is allowed only in commercial and industrial areas. This is not considered as a barrier. In the medium/long term when the number of hydrogen vehicles and demand of the fuel wil be considerable, the production of hydrogen will be more centralised . According to the Federal Land Utilisation Ordinance the storage facilities (incl. hydrogen storage) are allowed to be built only in industrial areas and also(rarely) in commercial areas. At the same time the Federal Land Utilisation Ordinance allows the building of refueling stations (independent on the fuel used) in the mixed areas and by exemption – in general residential areas. There is no refueling station without a local storage of the fuel used.
This regulation creates an uncertainty if the building of an hydrogen storage in small quantities at HRS should be allowed in mixed areas or not.

Questions:

Question 1a - What are the main regulations/requirements regarding land use plans for building an HRS (e.g. permitting regime, agreement)?
a - 1. General regulations The function of urban land use planning in Germany is to prepare and control the use of land within a municipality, for buildings or for other purposes. The urban land use plans comprise the preparatory land use plan (Flächennutzungsplan) and the legally binding land use plan (Bebauungsplan). The preparatory land use plans represent in basic form the type of land uses arising for the entire municipal territory. The legally binding land use plans define the legally binding designations for urban development, the type and degree of building and land use and create construction rights. A preparatory land use plan is not required in cases where a binding land use plan is sufficient to organise urban development. 2. Regulations regarding the HRS building Within the area covered by a binding land–use plan a HRS project is permissible where it does not contravene the designations of the plan and the provision of local public infrastructure has been secured. For HRS building is required a building permit issued within the building parameters of the legally binding land use plan. In case, there is no legally binding plan, but preparatory, the requirements of this plan have to be respected.
Question 1b - Are there specific requirements or zone prohibitions for HRS in the land use plans?
b - HRS with production on–site are allowed to be built only in commercial and industrial areas. Further restrictions may be imposed on installations which may cause harassment or disturbances which are not compatible with the specific nature of the area (§15 (1) Federal Land Utilisation Ordinance). According to the same Ordinance the storage facilities (incl. hydrogen storage) are allowed to be built only in industrial areas and also(rarely) in commercial areas. There is no refueling station without a local storage of the fuel used.
Question 2 Which is the authority responsible for delivering the land use permit?
The land use plans are developed and adopted by the municipalities in the framework of national legislation. If there is no preparatory land use plan, the legally binding use plan has to be permitted by the higher administrative authority, which may vary among federal states e.g. district.
Question 3 Is there a uniform permit process at local level throughout a country? (uniform interpretation?)
The general requirements and process for land use plans permits are set out in the German Building Code.
Question 4 If needed, what is required and how much time does it take to change the land use plan?
The change of the legally binding land use plan takes approximately between 9–15 months and depends on the extend of the change.
Describe the comparable technology and its relevance with regard to hydrogen
Land use plans for refuelling stations.

National legislation:

EU Legislation:

  • Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances (so-called SEVESO Directive)
    The Directive covers situations where dangerous substances may be present (e.g. during processing or storage) in quantities exceeding certain thresholds.

    It establishes:
    • General obligations on the operator (Article 5)
    • Notification (information on the form and amount of substances, the activity, and the surrounding environment) of all concerned establishments (Article 7),
    • The obligation to deploy a major accident prevention policy (Article 8),
    • The obligation to produce a safety report for upper-tier establishments (Article 10);
    • The obligation to produce internal emergency plans for upper tier establishments (Article 12);
    • Authorities to exert control of the siting of new establishments, modifications to new establishments, and new developments including transport routes, locations of public use and residential areas in the vicinity of establishments, (Article 13)
    • The obligation to conduct public consultations on specific individual projects that may involve risk of major accidents (Article 15)

    Annex I, Part 1, establishes Hydrogen as a dangerous substance (therefore within scope) and lists the quantity of hydrogen for the application of lower-tier requirements (≥ 5t) and upper-tier requirements (≥ 50t).

    For quantities of less than 5 tonnes of hydrogen, none of the obligations above would apply.

    The Directive is relevant for both the approval of bunkering / landing installations as well as on board transport of hydrogen
  • ATEX Directive 2014/34/EU - covering equipment and protective systems intended for use in potentially explosive atmospheres
    The Directive defines the essential health and safety requirements and conformity assessment procedures (Article 4) to be applied before products are placed on the EU market and is significant for the engineering of hydrogen production plants. It covers inter alia equipment and protective systems intended for use in potentially explosive atmospheres.

    The Directive requires employers to classify areas where hazardous explosive atmospheres may occur into zones. The classification given to a particular zone, and its size and location, depends on the likelihood of an explosive atmosphere occurring and its persistence if it does.

    The Directive requires the manufacturers to design their equipment to be suitable for use within their customer’s explosive atmosphere. Therefore, manufacturers of equipment rely upon their customer to give them information about the classification of the zone and the flammable substance(s) within that zone.

    The Directive describes the rules and regulations for all actors in the value chain, with respect to ensuring that only safe equipment for use in potentially explosive atmospheres are sold and applied. It provides regulation of how the equipment shall be constructed, produced and documented, as well as the rules for CE-labelling.

    It also contains, inter alia conformity assessment procedures (Art 13) EU declaration of conformity (Art 14) and General principles of the CE marking (Art 16)

    The Directive is relevant for the approval of landing / bunkering installations
  • Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment).
    The Directives (and their subsequent amendments) define a strategic environmental impact assessment procedure. The procedure is summarized as follows: the developer may request the competent authority define what should be covered by the EIA information to be provided by the developer (scoping stage); the developer must provide information on the environmental impact (EIA report – Annex IV); the environmental authorities and the public (and affected Member States) must be informed and consulted; the competent authority decides, taken into consideration the results of consultations. The public is informed of the decision afterwards and can challenge the decision before the courts.

    In line with the EIA Directive, Production and Storage of Hydrogen falls within the projects listed in Annex II (6a and 6c -production of chemicals; and storage facilities for chemical product), for which Member States shall determine whether the project shall be made subject to an assessment or not. In some EU countries, storage of 5 tons of hydrogen or more falls within the scope of the Directives.

    The latest amendment, (Directive 2014/52/EU) introduces minimum requirements with regards to the type of projects subject to assessment, the main obligations of developers, the content of the assessment and the participation of the competent authorities and the public.
  • Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (EIA Directive)
    The Directives (and their subsequent amendments) define a strategic environmental impact assessment procedure. The procedure is summarized as follows: the developer may request the competent authority define what should be covered by the EIA information to be provided by the developer (scoping stage); the developer must provide information on the environmental impact (EIA report – Annex IV); the environmental authorities and the public (and affected Member States) must be informed and consulted; the competent authority decides, taken into consideration the results of consultations. The public is informed of the decision afterwards and can challenge the decision before the courts.

    In line with the EIA Directive, Production and Storage of Hydrogen falls within the projects listed in Annex II (6a and 6c -production of chemicals; and storage facilities for chemical product), for which Member States shall determine whether the project shall be made subject to an assessment or not. In some EU countries, storage of 5 tons of hydrogen or more falls within the scope of the Directives.

    The latest amendment, (Directive 2014/52/EU) introduces minimum requirements with regards to the type of projects subject to assessment, the main obligations of developers, the content of the assessment and the participation of the competent authorities and the public.
  • Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment (SEA Directive)
    The Directives (and their subsequent amendments) define a strategic environmental impact assessment procedure. The procedure is summarized as follows: the developer may request the competent authority define what should be covered by the EIA information to be provided by the developer (scoping stage); the developer must provide information on the environmental impact (EIA report – Annex IV); the environmental authorities and the public (and affected Member States) must be informed and consulted; the competent authority decides, taken into consideration the results of consultations. The public is informed of the decision afterwards and can challenge the decision before the courts.

    In line with the EIA Directive, Production and Storage of Hydrogen falls within the projects listed in Annex II (6a and 6c -production of chemicals; and storage facilities for chemical product), for which Member States shall determine whether the project shall be made subject to an assessment or not. In some EU countries, storage of 5 tons of hydrogen or more falls within the scope of the Directives.

    The latest amendment, (Directive 2014/52/EU) introduces minimum requirements with regards to the type of projects subject to assessment, the main obligations of developers, the content of the assessment and the participation of the competent authorities and the public.
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  • Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (AFID)
    The AFID establishes a common framework of measures for the deployment of alternative fuels infrastructure in the Union in order to minimize dependence on oil and to mitigate the environmental impact of transport.

    The Directive sets out minimum requirements for the building-up of alternative fuels infrastructure, including recharging points for electric vehicles and refuelling points for natural gas (LNG and CNG) and hydrogen, to be implemented by means of Member States' national policy frameworks, as well as common technical specifications for such recharging and refuelling points, and user information requirements.

    Article 2 defines ‘Alternative fuels’ as fuels or power sources which serve, at least partly, as a substitute for fossil oil sources in the energy supply to transport and which have the potential to contribute to its decarbonisation and enhance the environmental performance of the transport sector. They include, inter alia: hydrogen.

    It lays down, in Article 5, that Member States which decide to include hydrogen refuelling points accessible to the public in their national policy frameworks shall ensure that, by 31 December 2025, an appropriate number of such points are available, to ensure the circulation of hydrogen-powered motor vehicles, including fuel cell vehicles, within networks determined by those Member States, including, where appropriate, cross-border links.

    Annex II contains technical specifications for hydrogen refuelling points for motor vehicles and additionally lays down that:
    • Outdoor hydrogen refuelling points dispensing gaseous hydrogen used as fuel on board motor vehicles shall comply with the technical specifications of the ISO/TS 20100 Gaseous Hydrogen Fuelling specification.
    • The hydrogen purity dispensed by hydrogen refuelling points shall comply with the technical specifications included in the ISO 14687-2 standard.
    • Hydrogen refuelling points shall employ fuelling algorithms and equipment complying with the ISO/TS 20100 Gaseous Hydrogen Fuelling specification.
    • Connectors for motor vehicles for the refuelling of gaseous hydrogen shall comply with the ISO 17268 gaseous hydrogen motor vehicle refuelling connection devices standard.