The Town and Country Planning (Miscellaneous Amendment) (Scotland) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 (the “2013 Regulations”) and the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 (the “2015 Regulations”) and come into force on 1 December 2022.

Regulation 2 omits regulation 28(3)(a)(v) (decision notice). This provision is no longer required following the amendment of sections 58 (duration of planning permission) and 59 (planning permission in principle) of the Town and Country Planning (Scotland) Act 1997 by section 32 (duration of planning permission) of the Planning (Scotland) Act 2019. Regulation 2 also amends the Notice in schedule 4 of the 2013 Regulations to reflect changes made to section 35A of the Town and Country Planning (Scotland) Act 1997.

Part 2 and schedule 1 (hazardous substances and controlled quantities) of the 2015 Regulations set out the substances which are hazardous substances for the purpose of the Planning (Hazardous Substances) (Scotland) Act 1997 and the controlled quantities of those substances. Regulation 3 amends Note 5 to Parts 1 and 2 of schedule 1 to clarify the “addition rule” in relation to how controlled quantities are calculated where two or more hazardous substances are present together but individually the amounts of those substances fall below the usual controlled quantities. When applying the addition rule, no account is to be taken of substances present within the establishment which exceed the controlled quantity and the rule must be applied to each of three hazard groups categorised in Part 1 of schedule 1 as health, physical and environmental hazards. Regulation 3 also amends Note 7 of Parts 1 and 2 of schedule 1 so that for each hazard group, the lowest controlled quantity for that group should be used. Regulation 4 makes transitional provisions in relation to these changes.