The Planning (Hazardous Substances) Regulations 1992

1.  In section 174 of the principal Act (appeals against enforcement notice)—

(a) in subsection (1), for “an enforcement notice” substitute “a hazardous substances contravention notice”;

(b) for subsection (2) substitute—

“(2) 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 the 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 or under section 24(4) of the Planning (Hazardous Substances) Act 1990;

(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 24(5)(b) of that Act falls short of what should reasonably be allowed.”;

(c) in subsection (3)(a), for “enforcement notice” substitute “hazardous substances contravention notice”;

(d) for subsection (4) substitute—

“(4) A notice under subsection (3) shall be accompanied by a copy of the hazardous substances contravention notice, together with a statement—

(a) specifying the grounds on which the appeal is being made against the hazardous substances contravention notice; and

(b) setting out the appellant’s submissions in relation to each ground of appeal.”;

(e) in subsection (5), after “does not” and “failed” insert “in that statement” and omit “within the prescribed time” and “within that time”;

(f) in subsection (6), for “enforcement notice” substitute “hazardous substances contravention notice”.