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The Planning (Hazardous Substances) (No. 2) Regulations (Northern Ireland) 2015

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PART 1APPEALS AGAINST HAZARDOUS SUBSTANCES CONTRAVENTION NOTICES

Provisions of the 2011 Act AppliedModifications

Section 143 (appeal against enforcement notice)

Subsection (1)

For the words “an enforcement notice” substitute “a hazardous substances contravention notice”.
Subsection (2)In subsection (a) for the words “enforcement notice” substitute “hazardous substances contravention notice”.
Subsection (3)

For subsection (3) substitute—

(3) An appeal may be brought on any of the following grounds—

(a)that in respect of any contravention of hazardous substances control specified in the notice, hazardous substances consent ought to be granted for the quantity of hazardous substance present on, over or under the land or, as the case may be, the condition concerned ought to be discharged;

(b)that the matters alleged to constitute a contravention of hazardous substances control have not occurred;

(c)that those matters (if they occurred) do not constitute a contravention of hazardous substances control;

(d)that copies of the hazardous substances contravention notice were not served as required by section 162(4);

(e)that the steps required by the notice to be taken exceed what is necessary to remedy any contravention of hazardous substances control;

(f)that any period specified in the notice in accordance with section 162(5)(b) falls short of what should reasonably be allowed.

Subsection (4)For the words “enforcement notice” substitute “hazardous substances contravention notice”.
Subsection (5)None
Subsection (6)None
Subsection (7)Omit
Subsection (8)For the words “an enforcement notice” substitute “a hazardous substances contravention notice”.
Subsection (9)For the words “enforcement notice” in each place where they occur substitute “hazardous substances contravention notice”.

Section 144

(appeal against enforcement - general supplementary provisions)

For the words “enforcement notice” in each place where they occur substitute “hazardous substances contravention notice”.

Section 145

(appeal against enforcement - supplementary provisions relating to planning permission)

Subsection (1)

For subsections (a) and (b) substitute—

(a)grant hazardous substances consent for the presence of hazardous substances on, over or under the land to which the hazardous substances contravention notice relates or on, over or under part of that land;

(b)discharge any condition subject to which hazardous substances consent was granted.

Subsection (1) (c)Omit
Subsection (2)Omit
Subsection (3)Omit
Subsection (4)

For subsection (4) substitute—

(4) In considering whether to grant hazardous substances consent under subsection (1), the planning appeals commission shall have regard to the considerations specified in section 110(2) and to any other material considerations; and the hazardous substances consent granted under subsection (1) is any hazardous substances consent that might be granted under Part 4; and where under that subsection the planning appeals commission discharges a condition, it may substitute another for it whether more or less onerous.

Subsection (5)

For subsection (5) substitute—

(5) Where an appeal against a hazardous substances contravention notice is brought under section 143, the appellant shall be deemed to have made an application for hazardous substances consent for the presence of the hazardous substance on, over or under the land to which the notice relates and, in relation to any exercise by the planning appeals commission of its powers under subsection (1)—

(a)any hazardous substances consent granted under that subsection shall be treated as granted on that application;

(b)in relation to a grant of hazardous substances consent or a determination under that subsection, the decision of the planning appeals commission will be final; and

(c)subject to sub-section (b), any hazardous substances consent granted under that subsection shall have the like effect as a consent granted under Part 3.

Subsection 6None

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