Regulation 6 Hazardous substancesI1

England, Wales and Scotland

When deciding an application in respect of development that would involve the presence of a hazardous substance on, over or under land to which section 12(2B) of the Planning (Hazardous Substances) Act 1990^f1 applies (deemed hazardous substances consent: government authorisation) or for Scotland to which section 10(2B) of the Planning (Hazardous Substances) (Scotland) Act 1997^f2 applies, the F1Secretary of State must have regard to—

(a)

any current or contemplated use of the land to which the application relates;

(b)

the way in which other land in the vicinity is being used or is likely to be used; and

(c)

any planning permission or development consent that has been granted for development of that other land in the vicinity.

Annotations

Textual amendments

F1: Words in Regulations substituted (1.4.2012) by The Localism Act 2011(Infrastructure Planning) (Consequential Amendments) Regulations 2012 (revoked) 2012 (S.I. 2012/635), regs. 1(2), 8(2)

Commencement

I1: Reg. 6 in force at 1.3.2010, see reg. 1

Footnotes

f1: 1990 c.10. Section 12(2B) was inserted by the Act, section 36 of and paragraphs 42, 45(1), (2) to the Planning Act 2008.
f2: 1997 c.10. Section 10(2B) was inserted by paragraphs 59 and 62(1) and (2) of Schedule 2 to the Planning Act 2008.