The Water Protection Zone (River Dee Catchment) (Procedural and Other Provisions) Regulations 1999

Revocation of consents and alteration and imposition of conditions

11.—(1) Subject to the provisions of these Regulations, the Agency may by a notice served on the person in control of the catchment control site to which the protection zone consent relates—

(a) revoke a protection zone consent;

(b) make modifications to the conditions of the consent; or

(c) in the case of an unconditional consent, provide that it shall be subject to such conditions as may be specified in the notice,

if it appears to the Agency, having regard to any material consideration, expedient to do so.

(2) A notice under paragraph (1) shall specify the date on which it is to come into force, being a date which is not earlier than the expiry of the period of appeal in regulation 12(3).

(3) No condition shall be imposed under paragraph (1), whether by modification of an existing condition or by way of a new condition, which could not be imposed on an application under regulation 7.

(4) The Agency may also by such a notice revoke a protection zone consent where—

(a) there has been a material change of use, for which planning permission has been granted, of the catchment control site to which a protection zone consent relates; or

(b) that planning permission has been granted for development, the carrying out of which would involve a material change of use of that site and the development to which the permission relates has been commenced; or

(c) in the case of a protection zone consent which relates only to one controlled substance, that that substance has not for at least five years been kept or used within the catchment control site to which the consent relates; or

(d) in the case of a protection zone consent which relates to a number of controlled substances, that none of those substances has for at least five years been so kept or used.

(5) The Agency may not, without the consent of the person in control of the catchment control site to which the protection zone consent relates, serve a notice under paragraph (1) before the expiration of the period specified in paragraph (6) (“the guaranteed period”).

(6) The guaranteed period is—

(a) in relation to a protection zone consent regarding which no notice under subparagraphs (1)(b) or (c) has been served, 4 years from the date when that consent was granted, or claimed under article 6 of the River Dee Catchment Order, (whether or not the consent has been modified subsequently pursuant to regulations 9, 10 or 11);

(b) in relation to a protection zone consent regarding which a notice or notices under sub-paragraphs (1)(b) or (c) have been served, 4 years from the date when the most recent notice was served or, if that notice was appealed against, from the date of the determination of the appeal.