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Planning (Hazardous Substances) (Scotland) Act 1997
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8 Power to impose conditions on grant of hazardous substances consent.S
(1)Without prejudice to the generality of section 7(1), a planning authority may grant hazardous substances consent conditional on the commencement or partial or complete execution of development on the land which is authorised by a specified planning permission [F1or development consent] or may grant such consent subject to conditions with respect to any of the following—
(a)how and where any hazardous substance to which the consent relates is to be kept or used,
(b)times between which any such substance may be present, and
(c)the permanent removal of any such substance—
(i)on or before a date specified in the consent, or
(ii)before the end of a period specified in it and commencing on the date on which it is granted.
(2)A planning authority may only grant consent subject to conditions as to how a hazardous substance is to be kept or used if the conditions are conditions to which the [F2safety regulator has] advised the authority that any consent they might grant should be subject.
(3)It shall be the duty of a planning authority, when granting hazardous substances consent, to include in that consent, in respect of each hazardous substance to which it relates, a statement of all conditions relating to that substance subject to which the consent is granted.
Textual Amendments
F1Words in s. 8(1) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 61 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)
F2Words in s. 8(2) 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. 18 (with Sch. 4)
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