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

Amendment of the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007

1.—(1) The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007(1) is amended in accordance with this paragraph.

(2) In rule 8(7) (documents accompanying application), for sub-paragraphs (a) and (b) substitute—

“(a) an application for hazardous substances consent under regulation 6(1), 7(1) or 8(1), as the case may, of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015; and

(b) the information and documentation specified in regulations 6(3)(a) and (b), 7(3)(a) and (b) (if required) or 8(3)(a) and (b), as the case may be, of those Regulations.”.

(3) In Schedule 3 (those to be served with a copy of the application and documents)—

(a) in entry 22, for the text in in column 2 substitute—

“22. the relevant planning authority;

the Scottish Environment Protection Agency;

where the operation is to take place on a nuclear site (within the meaning of section 112(1) of the Energy Act 2013(2)) (“a nuclear site”), the Office for Nuclear Regulation and, in any other case, the Health and Safety Executive;

where the operation is to take place on land in the area of the Cairngorms National Park Authority, that Authority;

the Scottish Fire and Rescue Service.”;

(b) after entry 22 insert—

22A. A relevant project as defined in regulation 23(5) of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015.	22A. the Scottish Environment Protection Agency;
	where the relevant project is to take place on a nuclear site, the Office for Nuclear Regulation and, in any other case, the Health and Safety Executive;
	Scottish Natural Heritage.

(4) In Schedule 5 (proposals for orders by virtue of section 6), in paragraph 16(l), for “Form 1” to the end substitute—

“an application referred to in regulation 6, 7 or 8 of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015, as the case may require, duly completed by or on behalf of the Scottish Ministers, together with a copy of the documents referred to in regulation 6(3)(a) and (b), 7(3)(a) and (b) (if required) or 8(3)(a) and (b) of those Regulations, as the case may require.”.

(1)

S.S.I. 2007/570.

(2)

2013 c.32.