Planning (Hazardous Substances) Act 1990 Hazardous Substances Consent Appeals

Guidance on the Appeal Procedure (contd)

Time limit for making an appeal

7. An appeal must reach the Inspectorate within 6 months of the date of the HSA's decision. For appeals under paragraph 2(v) the 6 month period runs from the date the HSA should have decided the application. Only in very exceptional circumstances will appeals be allowed after this time.

Notice of appeal

8. The notice of appeal should be made on the appropriate appeal form which may be obtained from:

The Planning Inspectorate
Crown Buildings
Cathays Park
Cardiff
CF10 3NQ

Tel: 029 2082 5155
Fax: 029 2082 5150

9. The form should be returned accompanied by:

• the statement of the grounds for appeal (please refer to paragraph 12 'Choosing the procedure' below);
• a copy of the application made to the HSA which is relevant to the appeal, together with a copy of the publication notice and certificate submitted to the HSA at application stage;
• a copy of the decision (if relevant);
• a copy of the certificate submitted to the HSA under Regulation 7 of the 1992 Regulations;
• the appropriate Regulation 13 certificate (A,B,C or D) attached to the appeal form at Annex A;
• any other documents, including maps, plans and correspondence between the parties which is relevant to the appeal;
• a plan showing the site marked in red showing 2 named roads.

10. At the same time as sending the notice of appeal to the Inspectorate, a copy should be sent to the relevant office of the Hazardous Substances Authority. The third copy of the appeal form should be retained for your own information.

11. When the appeal is received, the Inspectorate will check the appeal to see if it is valid and then, if everything is in order, give you an appeal timetable start date. We will then write to the HSA to advise them that a valid appeal has been received and to request that they notify the Health and Safety Executive. The HSA are required to complete a questionnaire and return it to the Inspectorate within 2 weeks of the start date, sending a copy to you.

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