Planning (Hazardous Substances) (Scotland) Act 1997
Planning (HazardousSubstances) (Scotland) Act 1997
1997 CHAPTER 10
An Act to consolidate certain enactments relating to special controls in respect of hazardous substances with amendments to give effect to recommendations of the Scottish Law Commission.
[27th February 1997]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Administration
1 Planning authorities: hazardous substances.
(1) It shall be the duty of the planning authority to control hazardous substances in accordance with the provisions of this Act.
(2) The duty under subsection (1) applies to an urban development corporation only if they are the planning authority in relation to all kinds of development.
Control over presence of hazardous substances
2 Requirement of hazardous substances consent.
(1) Subject to the provisions of this Act, the presence of a hazardous substance on, over or under land requires the consent of the planning authority (in this Act referred to as ‘hazardous substances consent’).
(2) Subsection (1) does not apply if the aggregate quantity of the substance—
(a) on, over or under the land,
(b) on, over or under other land which is within 500 metres of it and controlled by the same person, or
(c) in or on a structure controlled by the same person any part of which is within 500 metres of it,
is less than the quantity prescribed as the controlled quantity for that substance.
(3) The temporary presence of a hazardous substance while it is being transported from one place to another is not to be taken into account unless it is unloaded.
(4) The Secretary of State may by regulations provide that hazardous substances consent is not required or is only required—
(a) in relation to land of prescribed descriptions
(b) by reason of the presence of hazardous substances in prescribed circumstances.
(5) Regulations under this section may make different provision for different cases or descriptions of cases.
3 Power to prescribe hazardous substances.
(1) For the purposes of this Act the Secretary of State—
(a) shall by regulations specify—
(i) the substances that are hazardous substances, and
(ii) the quantity which is to be the controlled quantity of any such substance, and
(b) may by regulations provide that, except in such circumstances as may be prescribed, all hazardous substances falling within a group specified in the regulations are to be treated as a single substance.
(2) Regulations which—
(a) are made by virtue of subsection (1)(a)(i), or
(b) are made by virtue of subsection (1)(a)(ii) and reduce the controlled quantity of a substance,
may make such transitional provision as appears to the Secretary of State to be appropriate.
(3) Regulations under this section may make different provision for different cases or descriptions of cases.
Obtaining hazardous substances consent
4 Hazardous substances consent: general.
(1) Hazardous substances consent—
(a) may be granted on an application under this Act, or
(b) may be deemed to have been granted by virtue of section 9 or 10.
(2) Without prejudice to the provisions 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.
5 Applications for hazardous substances consent.
(1) Provision may be made by regulations with respect to—
(a) the form and manner in which applications under this Act for hazardous substances consent are to be made,
(b) the particulars which they are to contain and the evidence by which they are to be verified,
(c) the manner in which they are to be advertised, and
(d) the time within which they are to be dealt with.
(2) Regulations may—
(a) require an applicant for hazardous substances consent or the planning authority or both to give publicity to an application for hazardous substances consent in such manner as may be prescribed
(b) require the planning authority to conduct appropriate consultations before determining applications for hazardous substances consent
(c) provide for the manner in which such a consultation is to be carried out and the time within which—
(i) such a consultation
(ii) any stage in such a consultation,
is to be completed;
(d) require the planning authority to determine applications for hazardous substances consent within such time as may be prescribed
(e) require the planning authority to give prescribed persons or bodies prescribed information about applications for hazardous substances consent including information as to the manner in which such applications have been dealt with.
(3) In subsection (2) ‘appropriate consultations’ means consultations with the Health and Safety Executive and with such persons or bodies as may be prescribed.
(4) Regulations under this section may make different provision for different cases or descriptions of cases.
6 Certificates as to interests in land etc.
(1) Regulations may provide that an application for hazardous substances consent, or an appeal against the refusal of such an application or against the imposition of a condition on such a consent, shall not be entertained unless it is accompanied by a certificate in the prescribed form as to the interests in the land to which the application or appeal relates.
(2) Any such regulations may—
(a) include requirements corresponding to those mentioned in sections 34(1), 35(2) and (4) and 38(2) of the principal Act,
(b) make provision as to who is to be treated as the owner of land for the purposes of any provision of the regulations, and
(c) make different provision for different cases or descriptions of case.
(3) If any person—
(a) issues a certificate which purports to comply with the requirements of regulations made by virtue of this section and which contains a statement which he knows to be false or misleading in a material particular, or
(b) recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
7 Determination of applications for hazardous substances consent.
(1) Subject to the following provisions of this Act, where an application is made to a planning authority for hazardous substances consent, that authority may—
(a) grant hazardous substances consent, either unconditionally or subject to such conditions as they think fit, or
(b) refuse hazardous substances consent.
(2) In dealing with such an application the planning authority shall have regard to any material considerations and, in particular, but without prejudice to the generality of the foregoing—
(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 have given following consultations in pursuance of regulations under section 5(2).
(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.
8 Power to impose conditions on grant of hazardous substances consent.
(1) Without prejudice to the generality of section 7(1), a planning authority may grant hazardous substances consent conditional on the commencement or partial or complete execution of development on the land which is authorised by a specified planning permission or may grant such 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, and
(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.
(2) A planning authority may only grant consent subject to...
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