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Planning (Hazardous Substances) (Scotland) Act 1997
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7 Determination of applications for hazardous substances consent.S
(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 [F1or development consent] 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 [F2safety regulator has] 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.
Textual Amendments
F1Words in s. 7(2)(c) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 60 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)
F2Words in s. 7(2)(e) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 2 para. 17 (with Sch. 4)
Modifications etc. (not altering text)
C1S. 7 applied (1.6.2015) by The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 (S.S.I. 2015/181), regs. 1, 56(4)
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