Scottish Statutory Instrument
2015
Scotland
The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015
At a glance
Enforced by
What's here
30 compliance obligations
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Applicant 6
- Any Person 3
- Director or Officer 1
Plus 20 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Applicants also bound by 149 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 22 duties
- Value Added Tax Regulations 1995 1995 20 duties
- Human Medicines Regulations 2012 2012 20 duties
- Space Industry Regulations 2021 2021 12 duties
- Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 2017 10 duties
Any Person also bound by 770 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
- Licensing Act 2003 2003 78 duties
Directors and Officers also bound by 229 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 75 duties
- Companies Act 2006 2006 63 duties
- Insolvency Act 1986 1986 46 duties
- CCBSA 2014 2014 21 duties
- Economic Crime and Corporate Transparency Act 2023 2023 18 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — General
Browse 2 other sections in this Part — procedural / definitional / commencement
Interpretation
Part 2 — Hazardous substances, controlled quantities and exemptions
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 3 — Applications
Notice to owner by applicants
- Notify land owners before applying for hazardous substances consent Applicant
Applications for continuation of hazardous substances consent where there has been a change in the person in control of part of the land
- Apply for continuation of hazardous substances consent after partial site change Applicant
Neighbour notification by planning authorities
Other duties (1) — Crown / regulator
- Local authorities must notify neighbours of hazardous substances applications Local authority
Publication of receipt of application by planning authorities
Other duties (1) — Crown / regulator
- Local authority must publish notice of hazardous substances applications Local authority
Acknowledgment of applications
Other duties (1) — Crown / regulator
- Planning authority must acknowledge hazardous substances applications Local authority
Representations
Other duties (1) — Crown / regulator
- Planning authority must consider all valid comments on your application Local authority
Duty to notify the Scottish Ministers of applications
Other duties (1) — Crown / regulator
- Planning authorities must notify Scottish Ministers of disputed applications Local authority
Time period for determination
Other duties (1) — Crown / regulator
- Planning authority must decide hazardous substances applications within 2 months Local authority
Decision notices on applications under regulation 6, 7 or 8
Other duties (1) — Crown / regulator
- Planning authority must issue hazardous substances decision notices Local authority
Notices of decision on applications for approval of matters specified in conditions
Other duties (1) — Crown / regulator
- Planning authority must issue formal decision notices for consent conditions Local authority
Notice of reference of applications to the Scottish Ministers
Other duties (1) — Crown / regulator
- Planning authorities must notify applicants when applications are referred Local authority
Browse 5 other sections in this Part — procedural / definitional / commencement
Part 4 — Policies and public participation
Policies
Other duties (1) — Crown / regulator
- Scottish Ministers must prioritize accident prevention in planning policies Crown / Minister / Government department
Other planning approvals for projects
Other duties (1) — Crown / regulator
- Authorities must follow public consultation procedures for relevant projects Local authority
Browse 1 other section in this Part — procedural / definitional / commencement
Plans and programmes
Part 5 — Appeals under section 19 of the principal Act
Notice of appeal
- Submit a notice of appeal regarding hazardous substances decisions Applicant
Intimation to planning authority and planning authority's response
- Send appeal documents and evidence to the planning authority Applicant
Notification to interested parties
Other duties (1) — Crown / regulator
- Planning authority must notify interested parties of hazardous substance appeals Local authority
Publication of appeal documents
Other duties (1) — Crown / regulator
- Planning authority must make hazardous substances appeal documents public Local authority
Written submissions procedure
- Respond to requests for further information regarding hazardous substances Applicant
New evidence
Other duties (1) — Crown / regulator
- Appointed person must permit comments on new evidence during appeals Tribunal / Court
Notice of decision on appeal
Other duties (1) — Crown / regulator
- Appointed person must notify parties of hazardous substance appeal decisions Tribunal / Court
Browse 10 other sections in this Part — procedural / definitional / commencement
Determination without further procedure
Opt-in notice to interested parties
Decisions as to further procedure
Pre-examination meetings
Site inspections
Further copies of documents etc.
Compliance with notification and consultation procedures
Appointment of assessor
Called-in applications
Non-delegated appeals
Part 6 — Register of hazardous substances consents
Register of hazardous substances consents
Other duties (1) — Crown / regulator
- Planning authority must maintain a public register of hazardous substances Local authority
Part 7 — Enforcement
Hazardous substances contravention notices
Other duties (1) — Crown / regulator
- Planning authority must follow strict requirements when issuing contravention notices Local authority
Appeals against hazardous substances contravention notices
- Appeal a hazardous substances contravention notice Any Person
Intimation of appeal to planning authority and planning authority's response
- Serve notice of appeal and evidence to the planning authority Applicant
Notification to other parties
Other duties (1) — Crown / regulator
- Planning authority must notify interested parties of enforcement appeals Local authority
Determination of an appeal against a hazardous substances contravention notice
Other duties (1) — Crown / regulator
- Scottish Ministers must determine appeals against contravention notices Crown / Minister / Government department
Browse 8 other sections in this Part — procedural / definitional / commencement
Appeals against hazardous substances contravention notices: supplementary
Validity of a hazardous substances contravention notice
Execution and cost of works required by hazardous substances contravention notice
Offence where hazardous substances contravention notice not complied with
Effect of hazardous substances consent on hazardous substances contravention notice
Hazardous substances contravention notice to have effect against the subsequent presence of hazardous substances
Register of hazardous substances contravention notices
Proceedings for questioning the validity of other orders, decisions and directions
Part 8 — Miscellaneous
Fees for applications
- Pay required fees when applying for hazardous substances consent Any Person
Applications by planning authorities
Other duties (1) — Crown / regulator
- Scottish Ministers must determine planning authority hazardous substance applications Crown / Minister / Government department
Notification of other establishments
- Notify the planning authority of legacy hazardous substances Any Person
Fees for Appeals
- Pay required fees when appealing hazardous substances decisions Director or Officer
Browse 11 other sections in this Part — procedural / definitional / commencement
Access to review procedure before a court
Electronic communications
Service of notices
Applications made before the commencement date
Interpretation of existing consents
Saving provision for deemed consent conditions
Appeals made after the commencement date
Appeals made before the commencement date
Applications referred to the Scottish Ministers before the commencement date
Amendments
Revocations
Schedules
Browse 38 other Schedules — structural / supplementary
Hazardous substances and controlled quantities
Where a hazardous substance is covered by Part 1 of...
Exemptions
Military establishments
Explosives
Hazardous substance consent is not required where an explosives licence...
Presence of established substances
Paragraph 12 does not apply where the quantity of the...
Presence of exempted substances
Presence of small quantities of substances
Minor changes to types and quantities of substances
The conditions are that— (a) before the relevant minor change...
Interpretation
Expressions appearing in this Schedule and in the Directive have...
Nuclear sites
Intermediate presence related to the transport of hazardous substances
Pipelines
Minerals
Paragraph 5 does not apply to a hazardous substance present...
Land-fill sites
Paragraph 7 does not apply to a hazardous substance present...
Emergency unloading from ships
Notice to owner by applicant
Notice for publication in newspaper
Notice to be attached to decision notice given under regulation 18
Notice to be attached to notice of decision on an application for approval, consent or agreement required by a condition imposed on a grant of hazardous substances consent
Hearing Session Rules
Notice of hearing session and specified matters
Appearances at hearing session
Date and notification of hearing session
Service of hearing statements and documents
Procedure at hearing
Consequential amendments
Amendment of the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007
Amendment of the Town and Country Planning (Development Planning) (Scotland) Regulations 2008
Amendment of the 2013 Regulations
Revocations
This Part covers all hazardous substances falling under the hazard...
Other sections — not classified into a Part
These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.
Browse 69 other unclassified sections
Citation and commencement
Interpretation
Hazardous substances and controlled quantities
Exemptions
Notice to owner by applicants
Applications for hazardous substances consent
Applications for removal of conditions
Applications for continuation of hazardous substances consent where there has been a change in the person in control of part of the land
Neighbour notification by planning authorities
Publication of receipt of application by planning authorities
Validation date
Acknowledgment of applications
Further information
Consultation before determination of applications
Representations
Duty to notify the Scottish Ministers of applications
Time period for determination
Decision notices on applications under regulation 6, 7 or 8
Notices of decision on applications for approval of matters specified in conditions
Notice of reference of applications to the Scottish Ministers
Policies
Plans and programmes
Other planning approvals for projects
Notice of appeal
Intimation to planning authority and planning authority's response
Notification to interested parties
Publication of appeal documents
Determination without further procedure
Opt-in notice to interested parties
Decisions as to further procedure
Pre-examination meetings
Written submissions procedure
Site inspections
New evidence
Further copies of documents
Compliance with notification and consultation procedures
Appointment of assessor
Notice of decision on appeal
Called-in applications
Non-delegated appeals
Register of hazardous substances consents
Hazardous substances contravention notices
Appeals against hazardous substances contravention notices
Intimation of appeal to planning authority and planning authority's response
Notification to other parties
Determination of an appeal against a hazardous substances contravention notice
Appeals against hazardous substances contravention notices: supplementary
Validity of a hazardous substances contravention notice
Execution and cost of works required by hazardous substances contravention notice
Offence where hazardous substances contravention notice not complied with
Effect of hazardous substances consent on hazardous substances contravention notice
Hazardous substances contravention notice to have effect against the subsequent presence of hazardous substances
Register of hazardous substances contravention notices
Proceedings for questioning the validity of other orders, decisions and directions
Fees for applications
Fees for Appeals
Applications by planning authorities
Access to review procedure before a court
Electronic communications
Service of notices
Applications made before the commencement date
Interpretation of existing consents
Saving provision for deemed consent conditions
Notification of other establishments
Appeals made after the commencement date
Appeals made before the commencement date
Applications referred to the Scottish Ministers before the commencement date
Amendments
Revocations
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Health and Safety Executive
Workplace health, safety, and welfare regulation across all industries. Enforces the Health and Safety at Work Act 1974 and related regulations. Investigates …
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Regulators
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