The Planning (Hazardous Substances) (Wales) Regulations 2015

Appeals: supplementary

17.—(1) A person who appeals under section 174(1) of the TCPA against a hazardous substances contravention notice must, at the same time as notice of the appeal is given or sent to the Welsh Ministers under section 174(3) of the TCPA, serve on the hazardous substances authority that issued the notice a copy of the notice of appeal and the accompanying material required by section 174(4) of that Act.

(2) The hazardous substances authority must, within 28 days of being served with the notice of appeal, serve on the Welsh Ministers and on the appellant a statement—

(a) setting out the authority’s submissions in relation to each ground of appeal; and

(b) indicating whether the authority 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 conditions, if any, which they would wish to impose on the consent.

(3) The hazardous substances authority must, within that 28 day period, give notice of the appeal to occupiers of properties in the locality of the site to which the hazardous substances contravention notice relates.