Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

Prospective

[F156K Provisions as to effect of hazardous substances consent and change of control of land.S

(1)Without prejudice to the provisions of this Part of this Act, any hazardous substances consent shall (except in so far as it otherwise provides) enure for the benefit of the land to which it relates and of all persons for the time being interested in the land.

(2)A hazardous substances consent is revoked if there is a change in the person in control of part of the land to which it relates unless an application for the continuation of the consent has previously been made to the planning authority.

(3)Regulations may make provision in relation to applications under subsection (2) above corresponding to any provision that may be made by regulations under section 56D of this Act in relation to applications for hazardous substances consent.

(4)When such application is made, the authority, having regard to any material consideration—

(a)may modify the consent in any way they consider appropriate; or

(b)may revoke it.

(5)Without prejudice to the generality of subsection (4) above, in dealing with an application the authority shall have regard—

(a)to the matters to which a planning authority are required to have regard by section 56E(2)(a) to (d) above; and

(b)to any advice which the Health and Safety Executive [F2or Health and Safety Commission] have given following consultations in pursuance of regulations under subsection (3) above.

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

(7)If a consent relates to more than one hazardous substance, the authority may make different determinations in relation to each.

(8)It shall be the duty of a planning authority, when continuing hazardous substances consent, to attach to the consent one of the following—

(a)a statement that is unchanged in relation to the matters included in it by virtue of section 56E(4) above;

(b)a statement of any change in respect of those matters.

(9)The modifications which a planning authority may make by virtue of subsection (4)(a) above include, without prejudice to the generality of that paragraph, the making of the consent subject to conditions with respect to any of the matters mentioned in section 56E(5) above.

(10)Subject to subsection (11) below, sections 32 to 34 of this Act and section 179 of the Local Government (Scotland) Act M11973 shall have effect in relation to applications under subsection (2) above and to decisions on such applications as though they were applications for planning permission.

(11)In the application of sections 32 to 34 of this Act by virtue of subsection (10) above—

(a)section 32(4) and section 33(5) and (7) shall be omitted;

(b)the words “and in such manner as may be prescribed” shall be substituted for the words in section 33(2) following “time”;

(c)in section 34—

(i)the words “by the development order” shall be omitted from the first place where they occur; and

(ii)the words “the application shall be deemed to have been granted” shall be substituted for the words following paragraph (b).

(12)Where the authority modify or revoke the consent, they shall pay to the person in control of the whole of the land before the change compensation in respect of any loss or damage sustained by him and directly attributable to the modification or revocation.]