SCHEDULES

SCHEDULE 7VARIATION OF CONDITIONS

PART 1APPLICATIONS FOR VARIATION OF CONDITIONS

5

1

Subject to sub-paragraph (2), this paragraph shall apply where an application is made for the variation of the conditions of a permit under regulation 19(2) which will authorise—

a

a substantial change in the operation of an installation or mobile plant;

b

a variation of the conditions of a permit where regulation 13(3) applies; or

c

a variation of the conditions of a permit in any other case where the enforcing authority determines that the procedure set out in sub-paragraph (3) should apply even though heads (a) and (b) do not apply.

2

This paragraph shall not apply to an application for the variation of conditions of a permit in relation to an installation carrying out only dry cleaning activities as defined in sub-paragraph (2) of Part C of section 7 of Part 1 of Schedule 1.

3

The enforcing authority shall, subject to paragraph 24(a), within the period of 14 days from the date of receiving the application—

a

notify the operator in writing that this paragraph applies and of any fee prescribed in respect of the application for variation under regulation 25;

b

give notice in writing of the application, enclosing a copy of it, to the persons to whom notice would have to be given in accordance with paragraph 12 of Schedule 4 in the case of an application for a permit to operate the particular installation or mobile plant;

4

For the purpose of calculating the period of 14 days mentioned in sub-paragraph (3) no account shall be taken of any period beginning with the date on which notice is served on an operator under paragraph 4 and ending on the date on which the operator furnishes the information specified in the notice.

5

If the applicant does not pay to the enforcing authority any fee notified under sub-paragraph (3)(a) within 28 days of the notification the application shall be deemed to have been withdrawn.