Planning Act 2008

Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10) E+W+S

59 E+W+S The Planning (Hazardous Substances) (Scotland) Act 1997 is amended as follows.

Commencement Information

I1 Sch. 2 para. 59 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)

60 E+W+S In section 7(2)(c) (determination of applications for hazardous substances consent: material considerations) after “planning permission” insert “ or development consent ”.

Commencement Information

I2 Sch. 2 para. 60 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)

61 E+W+S In section 8(1) (conditions on grant of hazardous substances consent) after “planning permission” insert “ or development consent ”.

Commencement Information

I3 Sch. 2 para. 61 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)

62 (1) Section 10 (deemed hazardous substances consent: government authorisation) is amended as follows. E+W+S

(2) After subsection (2A) insert—

“(2B) On making an order granting development consent in respect of development that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the person making the order may direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.”

(3) For subsection (3) substitute—

“(3) Before giving a direction under any of subsections (1) to (2B), the person having power to give the direction must consult the Health and Safety Commission.”

(4) In subsection (6)—

(a) for the words from “government” to “Ministers” substitute “ person ”, and

(b) after “directions” insert “ given by the person ”.

Commencement Information

I4 Sch. 2 para. 62 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)

63 E+W+S In section 12(2)(b) (power to revoke or modify hazardous substances consent)—

(a) after “planning permission” insert “ or development consent ”, and

(b) after “the permission” insert “ or development consent ”.

Commencement Information

I5 Sch. 2 para. 63 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)

64 E+W+S In section 38(1) (interpretation) at the appropriate place insert—

““development consent” means development consent under the Planning Act 2008,”.

Commencement Information

I6 Sch. 2 para. 64 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)