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

S.S.I. 2015/181 · Made 28 April 2015 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2026.

Town And Country Planning

Made 28th April 2015

Laid before the Scottish Parliament 30th April 2015

Coming into force 1st June 2015

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 M1, sections 252(1) and 267(1) of the Town and Country Planning (Scotland) Act 1997 M2 and sections 2(4) and (5), 3, 5, 6(1), 15(2), 16(7), 19(2) and (3), 22(4)(b), 23(1) and (3), 27(1), 30(1) and 39(1) of the Planning (Hazardous Substances) (Scotland) Act 1997) M3 and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for references in these Regulations to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures M4 to be construed as references to that instrument as amended from time to time.

Annotations to the whole text

Marginal citations

M1

1972 c.68. Section 2(2) was amended by paragraph 15(3) of Schedule 8 to the Scotland Act 1998 (c.46) (“the 1998 Act”) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”). Paragraph 1A of Schedule 2 was inserted by the section 28 of the 2006 Act and was amended by Part 1 of the Schedule to the 2008 Act. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

M2

1997 c.8 (“the 1997 Act”). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Section 252 is applied by section 29(3) of the Planning (Hazardous Substances) (Scotland) Act 1997 (“the principal Act”). Section 267(1) was amended by section 19(5)(a) of the Planning etc. (Scotland) Act 2006 (asp 17) and is applied by section 36(1) of the principal Act.

M3

1997 c.10. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Under section 38(2) of the principal Act “prescribed” has the same meaning as in section 277 of the 1997 Act. Section 27 was amended by S.S.I. 2006/269.

M4

OJ No L 353, 31.12.2008, p.1.

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Hazardous substances, controlled quantities and exemptions
  5. 3Hazardous substances and controlled quantities
  6. 4Exemptions
  7. Part 3: Applications
  8. 5Notice to owner by applicants
  9. 6Applications for hazardous substances consent
  10. 7Applications for removal of conditions
  11. 8Applications for continuation of hazardous substances consent where there has been a change in the person in control of part of the land
  12. 9Neighbour notification by planning authorities
  13. 10Publication of receipt of application by planning authorities
  14. 11Validation date
  15. 12Acknowledgment of applications
  16. 13Further information
  17. 14Consultation before determination of applications
  18. 15Representations
  19. 16Duty to notify the Scottish Ministers of applications
  20. 17Time period for determination
  21. 18Decision notices on applications under regulation 6, 7 or 8
  22. 19Notices of decision on applications for approval of matters specified in conditions
  23. 20Notice of reference of applications to the Scottish Ministers
  24. Part 4: Policies and public participation
  25. 21Policies
  26. 22Plans and programmes
  27. 23Other planning approvals for projects
  28. Part 5: Appeals under section 19 of the principal Act
  29. 24Notice of appeal
  30. 25Intimation to planning authority and planning authority's response
  31. 26Notification to interested parties
  32. 27Publication of appeal documents
  33. 28Determination without further procedure
  34. 29Opt-in notice to interested parties
  35. 30Decisions as to further procedure
  36. 31Pre-examination meetings
  37. 32Written submissions procedure
  38. 33Site inspections
  39. 34New evidence
  40. 35Further copies of documents etc.
  41. 36Compliance with notification and consultation procedures
  42. 37Appointment of assessor
  43. 38Notice of decision on appeal
  44. 39Called-in applications
  45. 40Non-delegated appeals
  46. Part 6: Register of hazardous substances consents
  47. 41Register of hazardous substances consents
  48. Part 7: Enforcement
  49. 42Hazardous substances contravention notices
  50. 43Appeals against hazardous substances contravention notices
  51. 44Intimation of appeal to planning authority and planning authority's response
  52. 45Notification to other parties
  53. 46Determination of an appeal against a hazardous substances contravention notice
  54. 47Appeals against hazardous substances contravention notices: supplementary
  55. 48Validity of a hazardous substances contravention notice
  56. 49Execution and cost of works required by hazardous substances contravention notice
  57. 50Offence where hazardous substances contravention notice not complied with
  58. 51Effect of hazardous substances consent on hazardous substances contravention notice
  59. 52Hazardous substances contravention notice to have effect against the subsequent presence of hazardous substances
  60. 53Register of hazardous substances contravention notices
  61. 54Proceedings for questioning the validity of other orders, decisions and directions
  62. Part 8: Miscellaneous
  63. 55Fees for applications
  64. 55AFees for Appeals
  65. 56Applications by planning authorities
  66. 57Access to review procedure before a court
  67. 58Electronic communications
  68. 59Service of notices
  69. 60Applications made before the commencement date
  70. 61Interpretation of existing consents
  71. 62Saving provision for deemed consent conditions
  72. 63Notification of other establishments
  73. 64Appeals made after the commencement date
  74. 65Appeals made before the commencement date
  75. 66Applications referred to the Scottish Ministers before the commencement date
  76. 67Amendments
  77. 68Revocations
  78. Signature
  79. Schedule 1: Hazardous substances and controlled quantities
  80. Paragraph
  81. Part 1: Categories of substances
  82. Paragraph
  83. 2Named hazardous substances
  84. 3Substances used in processes
  85. Schedule 2: Exemptions
  86. 1Military establishments
  87. 2Nuclear sites
  88. 3Intermediate presence related to the transport of hazardous substances
  89. 4Pipelines
  90. 5Minerals
  91. 6Paragraph 6
  92. 7Land-fill sites
  93. 8Paragraph 8
  94. 9Emergency unloading from ships
  95. 10Explosives
  96. 11Paragraph 11
  97. 12Presence of established substances
  98. 13Paragraph 13
  99. 14Presence of exempted substances
  100. 15Presence of small quantities of substances
  101. 16Minor changes to types and quantities of substances
  102. 17Paragraph 17
  103. 18Interpretation
  104. 19Paragraph 19
  105. Schedule 3Notice to owner by applicant
  106. Schedule 4Notice for publication in newspaper
  107. Schedule 5Notice to be attached to decision notice given under regulation 18
  108. Schedule 6Notice to be attached to notice of decision on an application for approval, consent or agreement required by a condition imposed on a grant of hazardous substances consent
  109. Schedule 7: Hearing Session Rules
  110. 1Notice of hearing session and specified matters
  111. 2Appearances at hearing session
  112. 3Date and notification of hearing session
  113. 4Service of hearing statements and documents
  114. 5Procedure at hearing
  115. Schedule 8: Consequential amendments
  116. 1Amendment of the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007
  117. 2Amendment of the Town and Country Planning (Development Planning) (Scotland) Regulations 2008 Repealed
  118. 3Amendment of the 2013 Regulations
  119. Schedule 9Revocations
  120. Explanatory note