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

Notice to owner by applicants

5.—(1) Before submitting an application under regulation 6, 7 or 8 an applicant must give notice in the form set out in Schedule 3 to any person (other than the applicant) who at the beginning of the period of 21 days ending on the date of submission of the application (“the relevant period”) is the owner of any land to which the application relates.

(2) The applicant must complete a certificate certifying, as the case may be—

(a) that at the beginning of the relevant period no person (other than the applicant) was the owner of any of the land to which the application relates;

(b) that the applicant has given notice to every person (other than the applicant) who at the beginning of the relevant period was the owner of any land to which the application relates; or

(c) that—

(i) the applicant has given notice to every person (other than the applicant) whose name and address was known to the applicant who was at the beginning of the relevant period the owner of any land to which the application relates; and

(ii) the applicant is unable to give notice to every owner.

(3) A certificate completed under—

(a) paragraph (2)(b) or (c) must set out the name of every person to whom notice was given and the address at and date on which notice was given; and

(b) paragraph (2)(c) must also certify that the applicant has taken reasonable steps (specifying them) to ascertain the names and addresses of those owners to whom the applicant has been unable to give notice.