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The Planning (Hazardous Substances) Regulations 1992

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Appeals

13.—(1) An appeal to the Secretary of State under section 21 shall be made within 6 months of—

(a)the date of the notice of the decision giving rise to the appeal; or

(b)in the case of an appeal under section 21(2), the expiry of the period specified in regulation 11(3),

or within such longer period as the Secretary of State may, at any time, allow.

(2) An appeal under section 21 shall—

(a)be made to the Secretary of State on a form obtained from him;

(b)include the information specified in the form; and

(c)be accompanied by the documents specified in paragraph (3) and the certificate required by paragraph (4).

(3) The documents mentioned in paragraph (2)(c) are—

(a)the application made to the hazardous substances authority which has occasioned the appeal;

(b)any notices and certificates required by regulations 6 and 7 which accompanied the application;

(c)any correspondence with the authority relating to the application; and

(d)the notice of decision, if any.

(4) An appeal under section 21 shall not be entertained by the Secretary of State unless it is accompanied by which ever of certificates A to D is appropriate set out in Form 5, signed by or on behalf of the appellant.

(5) The required notice referred to in certificates B and C shall, in the case of an appeal under section 21, be a notice given on Form 7.

(6) The appellant shall send a copy of the completed notice of appeal form and accompanying certificate to the hazardous substances authority at the same time as the appeal is made to the Secretary of State.

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