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Planning (Hazardous Substances) (Scotland) Act 1997

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This is the original version (as it was originally enacted).

11Applications for removal of conditions attached to hazardous substances consent

(1)This section applies to an application for hazardous substances consent without a condition subject to which a previous hazardous substances consent was granted or is deemed to have been granted.

(2)On such an application the planning authority shall consider only the question of the conditions subject to which hazardous substances consent should be granted.

(3)If on such an application the planning authority determine—

(a)that hazardous substances consent should be granted subject to conditions differing from those subject to which the previous consent was granted, or

(b)that it should be granted unconditionally,

they shall grant hazardous substances consent accordingly.

(4)If on such an application the planning authority determine that hazardous substances consent should be granted subject to the same conditions as those subject to which the previous consent was granted, they shall refuse the application.

(5)Where—

(a)hazardous substances consent has been granted or is deemed to have been granted for the presence on, over or under land of more than one hazardous substance, and

(b)an application under this section does not relate to all the substances,

the planning authority shall have regard to any condition relating to a substance to which the application does not relate only to the extent that it has implications for a substance to which the application does relate.

(6)Where—

(a)more than one hazardous substances consent has been granted or is deemed to have been granted in respect of the same land, and

(b)an application under this section does not relate to all the consents,

the planning authority shall have regard to any consent to which the application does not relate only to the extent that it has implications for a consent to which the application does relate.

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