The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993

Appeals

14.—(1) An appeal to the Secretary of State under section 33 or 34 shall be made within 6 months of—

(a) in the case of an appeal under section 33 (appeal against refusal of consent or against grant of consent subject to conditions) the date of the notice of the decision giving rise to the appeal; or

(b) in the case of an appeal under section 34 (failure to give decision)(1) the expiry of the period specified in regulation 12(2).

(2) An appeal under section 33 or 34 shall—

(a) be made to the Secretary of State by lodging with him a notice of appeal; and

(b) be accompanied by a copy of each of the documents specified in paragraph (3) and by the certificate required by paragraph (4).

(3) The documents mentioned in paragraph (2)(b) are—

(a) the application made to the planning authority which has occasioned the appeal;

(b) any notices and certificates required by regulations 6, 7 and 8 which accompanied the application;

(c) any correspondence with the authority relation to the application; and

(d) the notice of decision, if any.

(4) An appeal under section 33 or 34 shall not be entertained by the Secretary of State unless it is accompanied by whichever of certificates A to D set out in Form 9 is appropriate, signed by or on behalf of the appellant.

(5) The required notice referred to in certificates B and C of Form 9 shall, in the case of and appeal under section 33 or 34, be a notice given on Form 11.

(6) The appellant shall send a copy of the completed notice of appeal form and accompanying documents and certificate to the planning authority at the same time as the appeal is made to the Secretary of State.

(1)

Section 34 of the Act has effect in relation to applications for hazardous substances consent by virtue of section 56F of the Act.