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

Hazardous substances contravention notices

18.—(1) A hazardous substances contravention notice shall identify the land to which the notice relates, whether by reference to a plan or otherwise.

(2) The persons prescribed pursuant to section 97B(4)(b) (other persons on whom notice is to be served)(1) are all persons having an interest in the land to which the application relates who in the opinion of the authority issuing the notice are materially affected by the notice.

(3) Every copy of a hazardous substances contravention notice served pursuant to section 97B(4) shall be accompanied by a statement setting out—

(a) the planning authority’s reasons for issuing the notice; and

(b) the right of appeal to the Secretary of State against the notice, andthe persons by whom, grounds upon which and time within which such an appeal may be brought under section 85(2).

(1)

Section 97B(4)(b) of the Act was inserted by section 36 of the 1986 Act.

(2)

Section 85 was amended as follows: subsections (1) and (2) were substituted by the Planning and Compensation Act 1991 (c. 34) (“the 1991 Act”), section 38(1); subsections (2A)-(2D) were inserted by the Local Government and Planning Act 1982 (c. 43) (“the 1982 Act”), Schedule 2, paragraph 20(b) and subsection (2B) amended by the 1991 Act, Schedule 13, paragraph 20(a); subsection (4) was amended by the 1991 Act, Schedule 13, paragraph 20(b); subsection (5) was amended by the 1991 Act, Schedule 13, paragraph 20(c); subsections (5A) and (5B) were inserted by the 1991 Act, Schedule 13, paragraph 20(d); subsection (6) was amended by and subsections (6A) and (6B) inserted by the 1991 Act, Schedule 13, paragraph 20(e); subsection (7) was amended by the Local Government (Scotland) Act 1973 (c. 65), section 172(2) and by the 1991 Act, Schedule 13, paragraph 20(f); subsection (7A) was inserted by the 1991 Act, section 38(2); subsection (8) was repealed by the 1986 Act, Schedule 12, Part IV; subsection (11) was repealed by the 1991 Act, Schedule 13, paragraph 20(g).