HC Deb 24 April 1986 vol 96 cc467-8

'(1) Until the end of the transitional period—

  1. (a) no offence is committed under section 56K of the Town and Country Planning (Scotland) Act 1972; and
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  2. (b) no hazardous substances contravention notice may be issued, in relation to a hazardous substance which is on, under or over any land,
if at any time within the establishment period the substance was present on, under or over the land in a quantity not less in aggregate than the controlled quantity.

(2) Where a hazardous substance was present on, under or over any land at any time within the establishement period, hazardous substances consent may be claimed in respect of its presence.

(3) A claim shall be made in the prescribed form before the end of the transitional period and shall contain the prescribed information as to the presence of the substance during the establishment period.

(4) Subject to subsections (5) to (7) below, the planning authority shall be deemed to have granted any hazardous substances consent which is claimed under subsection (2) above.

(5) If at the commencement date notification in respect of the substance was required by Notification Regulations, hazardous substances consent is only to be deemed to be granted under this section if notification in respect of the substance was given before that date in accordance with those regulations.

(6) If at the commencement date such notification was not so required, hazardous substances consent is only to be deemed to be granted under this section if an aggregate quantity of the substance not less than the controlled quantity was present at any one time within the establishment period.

(7) If it appears to the planning authority that a claim for hazardous substances consent does not comply with subsection (3) above, it shall be their duty, before the end of the period of two weeks from their receipt of the claim,—

  1. (a) to notify the claimant that in their opinion the claim is invalid; and
  2. (b) to give him their reasons for that opinion.

(8) Hazardous substances consent which is deemed to be granted under this section is subject to the conditions that—

  1. (a) the maximum aggregate quantity of the substance that may be present—
    1. (i) on, under or over the land to which the claim relates;
    2. (ii) on, under or over other land which is within 500 metres of it and controlled by the same person; or
    3. (iii) in or on a structure controlled by the same person any part of which is within 500 metres of it,
    at anyone time shall not exceed the maximum established amount and
  2. (b) the substance shall be kept and used in the manner in which it was kept and used immediately before the commencement date.

(9) In this section— commencement date" means the date on which this Part of this Act comes into force; the establishment period" means the period of 6 months immediately preceding the commencement date; maximum established amount" means, in relation to any land—

  1. (a) where before the commencement date there has been a notification in respect of a substance in accordance with Notification Regulations, the quantity notified or last notified before the commencement date;
  2. (b) where such a notification was not so required, the maximum quantity which was present on, under or over the land at any one time within the establishment period;
Notification Regulations" means the Notification of Installations Handling Hazardous Substances Regulations 1982 or any regulations amending or replacing them; the transitional period" means the period of 6 months beginning with the commencement date; and other expressions have the same meaning as in the Town and Country Planning (Scotland) Act 1972.'.—[Mr. Tracey.]

Brought up, read the First and Second time, and added to the Bill.

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