{
  "url": "https://openlegislation.uk/town-and-country-planning-scotland-act-1972-repealed-2751997/section-56C",
  "json_url": "https://openlegislation.uk/town-and-country-planning-scotland-act-1972-repealed-2751997/section-56C.json",
  "legislation": "ukpga/1972/52",
  "legislation_title": "Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)",
  "legislation_url": "https://openlegislation.uk/town-and-country-planning-scotland-act-1972-repealed-2751997",
  "path": "section/56C",
  "kind": "section",
  "number": "56C",
  "heading": "Requirement of hazardous substances consent.",
  "text": "(1) Subject to the provisions of this Part of this Act, the presence of a hazardous substance on, over or under land requires the consent of the planning authority (in this Act referred to as “hazardous substances consent”) unless the aggregate quantity of the substance—\n(a) on, under or over the land;\n(b) on, under or over other land which is within 500 metres of it and controlled by the same person; or\n(c) in or on a structure controlled by the same person any part of which is within 500 metres of it,\nis less than the controlled quantity.\n(2) The temporary presence of a hazardous substance while it is being transported from one place to another is not to be taken into account unless it is unloaded.\n(3) The Secretary of State—\n(a) shall by regulations specify—\n(i) the substances that are hazardous substances for the purposes of this Act;\n(ii) the quantity which is to be the controlled quantity of any such substance;\n(b) may by regulations provide that hazardous substances consent is not required or is only required—\n(i) in relation to land of prescribed descriptions;\n(ii) by reason of the presence of hazardous substances in prescribed circumstances;\n(c) may by regulations provide that, except in such circumstances as may be prescribed, all hazardous substances falling within a group specified in the regulations are to be treated as a single substance for the purposes of this Act.\n(4) Regulations which—\n(a) are made by virtue of sub-paragraph (i) of subsection (3)(a) above; or\n(b) are made by virtue of sub-paragraph (ii) of that paragraph and reduce the controlled quantity of a substance,\nmay make such transitional provision as appears to the Secretary of State to be appropriate.\n(5) The power to make such transitional provision includes, without prejudice to its generality, power to apply section 38 of the Housing and Planning Act 1986 subject to such modifications as appear to the Secretary of State to be appropriate.\n(6) Regulations under this section may make different provision for different cases or descriptions of cases.\n(7) Bodies corporate which are inter-connected for the purposes of the Fair Trading Act 1973 are to be treated as being one person for the purposes of this section and sections 56D to 56L and 97B below.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 56C inserted (18.2.1993 for certain purposes, otherwise 1.5.1993) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a));S.I. 1993/273, arts.3, 5"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 56C amended (27.8.1993) by 1993 c. 12, ss. 40(1), 51(2), Sch. 3 Pt. II para.14 (with ss. 42, 46)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1972/52/section/56C",
    "retrieved_at": "2026-10-29T10:48:43.298883+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}