The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015

Decision notices on applications under regulation 6, 7 or 8

18.—(1) The planning authority must within the period referred to in regulation 17(1)—

(a) give to the applicant, or where an agent is acting on behalf of the applicant that agent, a notice of their decision on an application under regulation 6, 7 or 8, as the case may be (“decision notice”);

(b) give a copy of the decision notice to—

(i) the safety regulator; and

(ii) the Scottish Environment Protection Agency; and

(c) inform every other body or other person who made written representations in respect of the application (and provided an address) of their decision on the application and where a copy of the decision notice is available for inspection.

(2) A decision notice relating to an application under regulation 6 or 7 must include—

(a) a description of the hazardous substances for which hazardous substances consent has been granted or, as the case may be, refused;

(b) the postal address of the land in relation to which hazardous substances consent has been granted or, as the case may be, refused or, if the land in question has no postal address, a description of the location of the land;

(c) where hazardous substances consent is granted, any condition to which the consent is subject; and

(d) the reference number given to the application by the planning authority.

(3) A decision notice relating to an application under regulation 8 must include—

(a) details of the relevant consent to which the application relates;

(b) the postal address of the land in relation to which hazardous substances consent has been continued, modified or revoked, as the case may be, or, if the land in question has no postal address, a description of the location of the land;

(c) the planning authority’s decision on the application, including a description of any modification of the relevant consent made by the authority;

(d) the reference number given to the application by the planning authority; and

(e) where the relevant consent is modified or revoked, information about the right of compensation provided for in section 17 of the principal Act.

(4) A decision notice must also—

(a) identify the bodies and other persons consulted by the planning authority in respect of the application;

(b) contain a statement of the number of representations made in respect of the application, a summary of the main issues raised by such representations and an explanation of how they were taken into account in the decision;

(c) explain the reasons on which the decision is based; and

(d) contain information regarding the right to challenge the validity of the decision and the procedures for doing so.

(5) Where an application is refused or granted subject to conditions the decision notice must be accompanied by—

(a) a notice in the form set out in Schedule 5; and

(b) a statement—

(i) explaining how the applicant may obtain information on how to appeal to the Scottish Ministers under section 19 of the principal Act; and

(ii) advising that the applicant may, if they wish, have an opportunity of appearing before and being heard by a person appointed for that purpose.

(6) Where representations in respect of the application are made by 3 or more persons in the same document, it is sufficient for the purposes of paragraph (1)(c) that the planning authority notify—

(a) only the person who sent that document to the planning authority, where it is possible for the planning authority to identify that person; or

(b) where it is not possible to do so, only the first named person on the document for whom an address is provided.