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Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

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Version Superseded: 27/05/1997

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[F156E Determination of applications for hazardous substances consent.S

(1)Subject to the following provisions of this Act, where an application is made to a planning authority for hazardous substances consent, that authority, in dealing with the application, shall have regard to any material considerations, and—

(a)may grant hazardous substances consent, either unconditionally or subject to such conditions as they think fit; or

(b)may refuse hazardous substances consent.

(2)Without prejudice to the generality of subsection (1) above, in dealing with an application the authority shall have regard—

(a)to any current or contemplated use of the land to which the application relates;

(b)to the way in which land in the vicinity is being used or is likely to be used;

(c)to any planning permission that has been granted for development of land in the vicinity;

(d)to the provisions of the development plan; and

(e)to any advice which the Health and Safety Executive F2. . . have given following consultations in pursuance of regulations under section 56D(4) above.

(3)If an application relates to more than one hazardous substance, the authority may make different determinations in relation to each.

(4)It shall be the duty of a planning authority, when granting hazardous substances consent, to include in that consent—

(a)a description of the land to which the consent relates;

(b)a description of the hazardous substance or substances to which it relates; and

(c)in respect of each hazardous substance to which it relates, a statement of the maximum amount permitted by the consent to be present at any one time and of all conditions relating to that substance subject to which the consent is granted.

(5)Without prejudice to the generality of subsection (1) above, a planning authority may grant hazardous substances consent subject to conditions with respect to any of the following—

(a)how and where any hazardous substance to which the consent relates is to be kept or used;

(b)times between which any such substance may be present;

(c)the permanent removal of any such substance—

(i)on or before a date specified in the consent; or

(ii)before the end of a period specified in it and commencing on the date on which it is granted;

(d)the consent being conditional on the commencement or partial or complete execution of development on the land which is authorised by a specified planning permission,

but [F3they] may only grant consent subject to conditions as to how a hazardous substance is to be kept or used if the conditions are conditions to which the Health and Safety Executive have advised the authority that any consent they might grant should be subject.]

Textual Amendments

F1S. 56E inserted (18.2.1993 for certain purposes, otherwise 1.5.1993) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a)); S.I. 1993/273, arts.3, 5

Modifications etc. (not altering text)

C1S. 56E applied in part (1.5.1993) by S.I. 1993/323, reg. 27(4)

S. 56E amended (27.8.1993) by 1993 c. 12, ss. 40(1), 51(2), Sch. 3 Pt. II para.14 (with ss. 42, 46)

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