Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

Prospective

[F1 56H Grants of hazardous substances consent without compliance with conditions previously attached. S

(1) This section applies to an application for hazardous substances consent without a condition subject to which a previous hazardous substances consent was granted or is deemed to have been granted.

(2) On such an application the planning authority shall consider only the question of the conditions subject to which hazardous substances consent should be granted, and—

(a) if they determine that hazardous substances consent should be granted subject to conditions differing from those subject to which the previous consent was granted, or that it should be granted unconditionally, they shall grant hazardous substances consent accordingly; and

(b) if they determine that hazardous substances consent should be granted subject to the same conditions as those subject to which the previous consent was granted, they shall refuse the application.

(3) Where—

(a) hazardous substances consent has been granted or is deemed to have been granted for the presence on, over or under land of more than one hazardous substance; and

(b) an application under this section does not relate to all the substances,

the planning authority shall only have regard to any condition relating to a substance to which the application does not relate to the extent that it has implications for a substance to which the application does relate.

(4) Where—

(a) more than one hazardous substances consent has been granted or is deemed to have been granted in respect of the same land; and

(b) an application under this section does not relate to all the consents,

the planning authority shall only have regard to any consent to which the application does not relate to the extent that it has implications for a consent to which the application does relate.

[F2 (5) Regulations may make provision in relation to applications under this section corresponding to any provision that may be made by regulations under section 56D of this Act in relation to applications for hazardous substances consent.]]

Textual Amendments

F1 S. 56H inserted (prosp.) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a))

F2 S. 56H(5) repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 144, 162(2), 164(3), Sch. 13 para. 11(8), Sch. 16 Pt. VII