The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993

Neighbour notification

6.—(1) Subject to the following paragraphs, and applicant for hazardous substances consent under regulation 5 shall notify each of those persons holding and interest in neighbouring land as specified in paragraph (2) who has not been served, in accordance with regulation 8(2) with notice of the application, by sending each of them—

(a) a notice of the application in the form set out in Form 3—

(i) stating that the application, plans and maps relating to it may be inspected in the register kept by the planning authority;

(ii) stating the address at which the application may be inspected in accordance with regulation 9; and

(iii) inviting representations to be made to the planning authority during the period of 21 days beginning with the date of the notice; and

(b) a plan showing the situation or location of the land to which the application relates.

(2) The persons holding a notifiable interest in neighbouring land are—

(a) in the case of lands and heritages entered in the valuation roll at the date of the application, the persons appearing in the valuation roll in force at that time as being the owners, lessees and occupiers of those lands and heritages; and

(b) in the case of lands and heritages not entered in the valuation roll at the date of the aplication, the owners and occupiers of those lands and heritages.

(3) (a) The notification in accordance with paragraph (1) of a person holding a notifiable interest in neighbouring land in terms of paragraph (2)(a)—

(i) in each case where the name and address of the owner, lessee or occupier can be ascertained from the valuation roll, shall be sent to such person at his address as entered in the valuation roll;

(ii) where information as to the owner, lessee or occupier of neighbouring land or of any premises contained or included in neighbouring land cannot be ascertained from the valuation roll, shall be sent addressed to “the Owner” at such land or premises, where the name of the owner cannot be ascertained, to “the Lessee” at such land or premises where the name of the lessee cannot be ascertained and to “the Occupier” at such land or premises where the name of the occupier cannot be ascertained;

(b) the notification in accordance with paragraph (1) of a person holding a notifiable interest in neighbouring land in terms of paragraph (2)(b) shall be sent addressed in each case to “the Owner”, and “the Occupier” at each address of the premises contained or included in the neighbouring land.

(4) An application for hazardous substances consent shall not be entertained by the planning authority unless it is accompanied by whichever of the certificates set out in Forms 4 to 7 is appropriate, stating—

(a) that notification has been carried out under paragraphs (1) to (3)

(i) in the case of lands and heritages entered in the valuation roll, detailing as appropriate—

(aa) the names and addresses of those persons having a notifiable interest in neighbouring land who have been notified under paragraphs (1), (2)(a) and (3)(a)(i), with details of their interest, namely that of an owner, lessee or occupier, as the case may be; and

(bb) the addresses of the premises in respect of which the owner of the lessee or the occupier has been notified in accordance with paragraphs (1), (2)(a) and 3(a)(ii), with details as to whether the notification was sent addressed to “the Owner”, to “the Lessee” or to “the Occupier”, or to any or all of them; and

(ii) in the case of lands and heritages not entered in the valuation roll, listing the addresses of the premises in respect of which the owners and occupiers have been notified in accordance with paragraphs (1), (2)(b) and (3)(b); or

(b) that no notification under paragraphs (1) to (3) is required; or

(c) that it is not possible to carry out notification because there are no premises on the neighbouring land to which the notification can be sent.