PART 5ENFORCEMENT

Appeals: supplementary

20.—(1) A person who appeals against a hazardous substances contravention notice shall, at the same time as notice of the appeal is given to the Secretary of State under section 85(2), send to the planning authority a copy of the notice of appeal and accompanying material required by section 85(2A).

(2) The planning authority shall, within 28 days of receiving the notice of appeal, give to the Secretary of State and to the appellant a statement—

(a)setting out their submissions in relation to each ground of appeal; and

(b)indicating whether they would be prepared to grant hazardous substances consent for the presence on, over or under the land of any quantity of the hazardous substance to which the hazardous substances contravention notice relates and, if so, particulars of the condition, if any, which they would wish to impose on such consent.

(3) The planning authority shall, within that 28 day period, give notice of the appeal to persons holding a notifiable interest (as described in regulation 6(2)) in neighbouring land to that land to which the hazardous substances contravention notice relates.