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The Management of Extractive Waste (Scotland) Regulations 2010

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Applications for planning permission

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10.—(1) This Part applies to an application to a planning authority for planning permission (other than planning permission in principle) where all or part of that application relates to an extractive waste area or waste facility which contains, or which it is proposed will be developed to contain, extractive waste.

(2) An application to which this Part applies must be accompanied by a waste management plan which complies with the requirements of regulation 11.

(3) The requirements of the 1997 Act, and of any orders and regulations made thereunder, and relative rights of appeal, continue to apply to an application for planning permission to which this Part applies.

(4) The Scottish Ministers may give directions requiring that an application under this regulation be referred to them for determination instead of being dealt with by the authority, and in such a case these Regulations shall apply, with any necessary modifications, as they apply to applications which fall to be determined by the planning authority.

(5) Sections 237 and 239 of the 1997 Act (validity of certain decisions and proceedings for questioning their validity) shall have effect in a case to which paragraph (4) applies as if the action mentioned in section 237(3) included any decision of the Scottish Ministers on an application referred to them under that paragraph.

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