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

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Neighbour notification by planning authoritiesF1F2F3F4S

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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 consultations between Member States in accordance with Article 14(3) of the Directive;

(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.

F11972 c.68. Section 2(2) was amended by paragraph 15(3) of Schedule 8 to the Scotland Act 1998 (c.46) (“the 1998 Act”) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”). Paragraph 1A of Schedule 2 was inserted by the section 28 of the 2006 Act and was amended by Part 1 of the Schedule to the 2008 Act. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

F21997 c.8 (“the 1997 Act”). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Section 252 is applied by section 29(3) of the Planning (Hazardous Substances) (Scotland) Act 1997 (“the principal Act”). Section 267(1) was amended by section 19(5)(a) of the Planning etc. (Scotland) Act 2006 (asp 17) and is applied by section 36(1) of the principal Act.

F31997 c.10. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Under section 38(2) of the principal Act “prescribed” has the same meaning as in section 277 of the 1997 Act. Section 27 was amended by S.S.I. 2006/269.

F4OJ No L 353, 31.12.2008, p.1.

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