The Planning (Hazardous Substances) Regulations 1992

4.  In section 177 of the principal Act (grant or modification of planning permission on appeal against enforcement notice)—

(a) for subsection (1) substitute—

“(1) On the determination of an appeal under section 174, the Secretary of State may—

(a) grant hazardous substances consent for the presence of the hazardous substance 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.”;

(b) omit subsections (1A) and (1B);

(c) for subsection (2) substitute—

“(2) In considering whether to grant hazardous substances consent under subsection (1), the Secretary of State shall have regard to the considerations specified in section 9(2) of the Planning (Hazardous Substances) Act 1990.”;

(d) in subsection (3), for “planning permission” in both places where it occurs substitute “hazardous substances consent” and for “Part III” substitute “the Planning (Hazardous Substances) Act 1990”;

(e) in subsection (4) omit “or limitation” in both places where it occurs;

(f) for subsection (5) substitute—

“(5) Where an appeal against a hazardous substances contravention notice is brought under section 174, the appellant shall be deemed to have made an application for hazardous substances consent in respect of the matters specified in the hazardous substances contravention notice as constituting a contravention of hazardous substances control.”;

(g) in subsection (5A), for “section 303” substitute “section 26A of the Planning (Hazardous Substances) Act 1990”;

(h) in subsections (6) and (7), for “planning permission” substitute “hazardous substances consent”;

(i) for subsection (8) substitute—

“(8) For the purposes of section 28 of the Planning (Hazardous Substances) Act 1990 the Secretary of State’s decision shall be treated as having been given by him in dealing with an application for hazardous substances consent made to the hazardous substances authority.”.