The Planning (Hazardous Substances) (Wales) Regulations 2015

2.  Section 174 of the TCPA (appeals against enforcement notice), in its application in relation to a hazardous substances contravention notice, is to be read as if—

(a) subsection (2) read as follows—

“(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.”;

(b) subsection (4) read as follows—

“(4) A notice under subsection (3) must 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.”;

(c) in subsection (5)—

(i) the words “in that statement” were inserted immediately after “does not”;

(ii) the words “in that statement” were inserted immediately after “failed”; and

(iii) the words “within the prescribed time” and “within that time” were omitted.