Section 56H Grants of hazardous substances consent without compliance with conditions previously attached.F1C1
Scotland
This section applies to an application for hazardous substances consent without a condition subject to which a previous hazardous substances consent was granted or is deemed to have been granted.
On such an application the planning authority shall consider only the question of the conditions subject to which hazardous substances consent should be granted, and—
if they determine that hazardous substances consent should be granted subject to conditions differing from those subject to which the previous consent was granted, or that it should be granted unconditionally, they shall grant hazardous substances consent accordingly; and
if they determine that hazardous substances consent should be granted subject to the same conditions as those subject to which the previous consent was granted, they shall refuse the application.
Where—
hazardous substances consent has been granted or is deemed to have been granted for the presence on, over or under land of more than one hazardous substance; and
an application under this section does not relate to all the substances,
the planning authority shall only have regard to any condition relating to a substance to which the application does not relate to the extent that it has implications for a substance to which the application does relate.
Where—
more than one hazardous substances consent has been granted or is deemed to have been granted in respect of the same land; and
an application under this section does not relate to all the consents,
the planning authority shall only have regard to any consent to which the application does not relate to the extent that it has implications for a consent to which the application does relate.
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Annotations
Textual amendments
- F1
S. 56H 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
- F2
S. 56H(5) repealed (18.2.1993) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 144, 162(2), Sch. 13 para. 11(8), Sch. 16 Pt. VII; S.I. 1993/274, art.2(1)
Modifications
- C1
S. 56H amended (27.8.1993) by 1993 c. 12, ss. 40(1), 51(2), Sch. 3 Pt. II para.14 (with ss. 42, 46)
Notes on the whole Act
Textual amendments
- F1
Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)
Notes on Hazardous substances]
Textual amendments
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Ss. 56A–56O 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