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

Neighbour notification by planning authorities S

9.—(1) Where an application under regulation 6, 7 or 8, as the case may be, has been made the planning authority must give notice in accordance with this regulation.

(2) Notice is to be given where there are premises situated on the neighbouring land to which the notice can be sent to the owner, lessee or occupier of such premises, by sending a notice addressed to “the Owner, Lessee or Occupier” to such premises.

(3) The notice must—

(a) state the date on which the notice is sent;

(b) state the name of the applicant and, where an agent is acting on behalf of the applicant, the name of that agent;

(c) include the reference number given to the application by the planning authority;

(d) include a description of the proposal to which the application relates;

(e) include the postal address of the land to which the application relates, or if the land in question has no postal address, a description of the location of the land;

(f) state where and when the application and any map or plan relating to it may be inspected;

(g) state that representations (including comments or questions) may be made to the planning authority and contain details of how representations should be made and the date by which any representations must be made (being a date not earlier than 21 days after the date on which the notice is sent);

(h) where applicable, state that the proposal is a project, or part of a project, that is subject to a national or transboundary environmental impact assessment or to [F1 a requirement to provide information by virtue of regulation 20 of the 2015 Regulations];

(i) state that the application may be granted (either unconditionally or subject to conditions) or refused; and

(j) be accompanied by a plan showing the situation of the land to which the application relates in relation to neighbouring land.

(4) In this regulation, “neighbouring land” means—

(a) land (other than land forming part of a road) which, or part of which, is conterminous with or within 20 metres of the boundary of the land to which the application relates; and

(b) where storage or use of hazardous substances is to take place within a building, every other separately owned or separately occupied unit within that building,

and “land” includes any building on the land.

Textual Amendments

F1 Words in reg. 9(3)(h) substituted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 4(4) (as amended by S.S.I. 2020/310, regs. 1, 2(2)); 2020 c. 1, Sch. 5 para. 1(1)