Planning (Hazardous Substances) Act 1990 Hazardous Substances Consent Appeals

Guidance on the Appeal Procedure

Introduction

1. This guidance covers the procedures for appeals in respect of hazardous substances consents that have been issued by the hazardous substances authority (HSA). It explains the legislative background, draws together the various publications that are relevant and highlights some of the specific issues which may be subject of the appeal.

This information is believed to be correct at the time of publication and relates to procedures in Wales, but has no legal status. The procedures to be followed are set out in the Planning (Hazardous Substances) Regulations 1992 and are made under the provisions of Section 21 of the Planning (Hazardous Substances) Act 1990. Guidance is also given in Circular 20/01, ‘Planning Controls for Hazardous Substances’.

Reason for appeal

2. Applicants for hazardous substances consent may appeal under Section 21 of the Planning (Hazardous Substances) Act 1990 on the following grounds.

• where the hazardous substances authority (HSA) refuse consent or grant it subject to conditions;
• where the applicant has applied for removal or variation of a condition (or conditions) imposed on a previous grant of hazardous substances consent and the HSA has refused the application or imposed different conditions;
• where the applicant has applied for any consent, agreement or approval required by a condition attached to a previous grant of hazardous substances consent, but the HSA has refused to give that consent/agreement/approval;
• where the applicant has applied to the HSA under Section 17 of the 1990 Act for the continuation of a hazardous substances consent upon partial change of ownership of the land and the HSA has refused the application; or
• the HSA has failed to issue a decision within the period allowed (ie 8 weeks from the date of receipt of the application, or any extended period agreed in writing between the applicant and the HSA).

Before making an appeal

3. Prospective appellants are advised to try to resolve any difficulties or disagreements with the HSA before making an appeal. An appeal should be treated as a last resort.
Who decides your appeal

4. Following the site visit, or close of hearing or inquiry, the Inspector will submit a report to the National Assembly for Wales. The report will describe the site and give a summary of the arguments and evidence presented. The Inspector will also make a recommendation as to whether or not the appeal should be allowed. The National Assembly for Wales will then consider all the issues involved and make a decision which will be sent to you and the HSA with a copy of the Inspector’s report.

HOW TO MAKE AN APPEAL

5. Please send appeal documents to or contact:

The Planning Insoectorate
Crown Buildings
Cathays Park
Cardiff
CF10 3NQ

Tel: 029 2082 5155
Fax: 029 2082 5150

6. Details of the procedures for making an appeal are contained in Section 21 of the Act and in the Planning (Hazardous Substances) Regulations 1992. For convenience, the main steps are now outlined below.

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