5. Section 177 of the TCPA (grant or modification of planning permission on appeal against enforcement notice), in its application in relation to a hazardous substances contravention notice, is to be read as if—
(a)for paragraphs (a) and (b) were substituted—
“(a)grant hazardous substances consent for the presence of the hazardous substance on, over or under the land or on, over or under part of that land to which the hazardous substances contravention notice relates;
(b)discharge any condition subject to which hazardous substances consent was granted.”;
(b)subsections (1A) to (1C) were omitted;
(c)in subsection (2)—
(i)the words “hazardous substances consent” were substituted for “planning permission”; and
(ii)the words after “regard” were substituted with “to any considerations which a hazardous substances authority would have to have regard to under section 9(2) of the Planning (Hazardous Substances) Act 1990 when dealing with an application for hazardous substances consent.”;
(d)in subsection (3)—
(i)the words “hazardous substances consent” were substituted for “planning permission” in both places where it occurs; and
(ii)the reference to “Part III” were a reference to “the Planning (Hazardous Substances) Act 1990”;
(e)in subsection (4) both references to “or limitation” were omitted;
(f)in subsection (5)—
(i)paragraph (b) were omitted;
(ii)for the words from “planning permission” to the end, were substituted “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), the words “section 26A of the Planning (Hazardous Substances) Act 1990” were substituted for “section 303”;
(h)in subsections (6) and (7), the words “hazardous substances consent” were substituted for “planning permission”; and
(i)in subsection (8)—
(i)the words “section 28 of the Planning (Hazardous Substances) Act 1990” were substituted for “section 69”; and
(ii)the words “hazardous substances consent” were substituted for “planning permission”.