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

Applications for hazardous substances consent S

6.—(1) Subject to regulation 7, an application to a planning authority for hazardous substances consent is to be made in accordance with this regulation.

(2) The application must contain—

(a) the name and address of the applicant;

(b) the name and address of any agent acting on behalf of the applicant and whether any notice or other correspondence which is required by these Regulations to be sent to the applicant should be sent to the agent instead of the applicant;

(c) the postal address of the land to which the application relates or, if the land in question has no postal address, a description of the location of the land;

(d) details of—

(i) the person in control of the land to which the application relates;

(ii) each hazardous substance for which consent is sought (“relevant substance”), including the maximum quantity of each relevant substance to be present on, over or under the land to which the application relates;

(iii) the main activities carried out or proposed to be carried out on, over or under the land to which the application relates;

(iv) how and where each relevant substance is to be kept and used;

(v) how each relevant substance is proposed to be transported to and from the land to which the application relates;

(vi) the vicinity of the land to which the application relates, where such details are relevant to the risks or consequences of a major accident;

(vii) the measures taken or proposed to be taken to limit the consequences of a major accident; and

(e) where applicable, a statement that the proposal is a project, or part of a project, that is subject to a national or transboundary environmental impact assessment or to [F1 a requirement to provide information by virtue of regulation 20 of the 2015 Regulations].

(3) The application must be accompanied by—

(a) a site map;

(b) a substance location plan;

(c) the certificate completed in accordance with regulation 5(2) (notice to owner by applicant); and

(d) the fee payable under regulation 55.

(4) The site map required by paragraph (3)(a) is a map reproduced from, or based upon, an Ordnance Survey map with a scale of not less than 1 to 10,000, which identifies the land to which the application relates and shows National Grid lines and reference numbers.

(5) The substance location plan required by paragraph (3)(b) is a plan of the land to which the application relates, drawn to a scale of not less than 1 to 2,500, which identifies—

(a) any area of the land intended to be used for the storage of a relevant substance;

(b) where a relevant substance is to be used in a manufacturing, treatment or other industrial process, the location of the major items of plant involved in that process in which the relevant substance will be present; and

(c) access points to and from the land.

Textual Amendments

F1 Words in reg. 6(2)(e) substituted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 4(3) (as amended by S.S.I. 2020/310, regs. 1, 2(2)); 2020 c. 1, Sch. 5 para. 1(1))