Point in time view as at 09/01/2019.
Planning Act 2008, Cross Heading: Planning (Hazardous Substances) (Scotland) Act 1997 (c. 10) is up to date with all changes known to be in force on or before 02 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
59E+W+SThe Planning (Hazardous Substances) (Scotland) Act 1997 is amended as follows.
Commencement Information
I1Sch. 2 para. 59 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
60E+W+SIn section 7(2)(c) (determination of applications for hazardous substances consent: material considerations) after “planning permission” insert “ or development consent ”.
Commencement Information
I2Sch. 2 para. 60 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
61E+W+SIn section 8(1) (conditions on grant of hazardous substances consent) after “planning permission” insert “ or development consent ”.
Commencement Information
I3Sch. 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
I4Sch. 2 para. 62 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
63E+W+SIn 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
I5Sch. 2 para. 63 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
64E+W+SIn section 38(1) (interpretation) at the appropriate place insert—
““development consent” means development consent under the Planning Act 2008,”.
Commencement Information
I6Sch. 2 para. 64 in force at 1.3.2010 by S.I. 2010/101, art. 2 (with art. 6)
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