The Planning (Hazardous Substances) Act 1990
The Planning (Hazardous Substances) Regulations 1992
Certificate Under Regulation 13(5)
Certificates to be supplied under Regulation 13
In making an appeal, you will need to complete a fresh certificate relating to ownership, as the position may have changed since the application was made. The notice to be served on an owner is attached together with the certificates (A) to (D). Only ONE of the certificates (A) to (D) will meet the circumstances of the case and will need to be completed.
‘Owner’ means a person having a freehold interest or a tenancy the unexpired term of which is not less than 7 years.
If you are the sole owner of all the land to which the appeal relates, please complete and return certificate A.- If you are not the sole owner of all the land, one of the following courses should be taken:
- if the names and addresses of all the owners (or other owners, if you own part of the land) are known, you should give them notice in the form shown in the attached NOTICE OF APPEAL UNDER REGULATION 13(5). Please complete and return certificate B, together with a copy of the Notice under Regulation 13(5).
- if the names and addresses of some, but not all of the owners are known, you should complete and return certificate C, together with a copy of the Notice under Regulation 13(5).
- if the names and addresses of none of the owners of the land are known, please complete certificate D.
Where you have to give notice to owners, and their names and addresses
are known, the Notice can be served by handing it to them personally,
leaving it at their address, or sending it by registered post or recorded
delivery service. If the notice has to be served on a company or other
incorporated body, it must be addressed to the company secretary or
clerk at their registered or principle office, by any of the three
methods above.
Any person who knowingly or recklessly issues a certificate which contains any statement which is false or misleading in a material particular is liable on conviction to a fine.
Notice of appeal under Regulation 13(5)
Notice to be served on an owner (‘owner’) means a person having a freehold interest or a tenancy, the expired term of which is not less than 7 years).
I give notice that
(a)…………………………………………………………………………………
having applied to the (b)………………………………………………………….
for Hazardous Substances Consent/the continuation of Hazardous Substances Consent* to
(c)…………………………………………………………………………………
……………………………………………………………………………………
…………………………………………………………………………………….
at (d)………………………………………………………………………………
……..……………………………………………………………………………...
is appealing to the Office of the Deputy Prime Minister
* against the decision of (b)……………………………………………….
* or the failure of (b) ……………………………………………………… to give notice of decision.
If you wish to make representations about this appeal, please write to the Planning Inspectorate, Room 4/19 Eagle Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6PN, within 21 days of the date of service of this notice.
Signed ………………………………………..
* on behalf of ……………………………….. Date ……………………….
* delete as appropriate
NOTES
a. appellant’s name
b. name of HSA to whom the application was made
c. brief details of the consent being sought
d. address or location of the application site
