Planning (Hazardous Substances) Act 1990

21 Appeals against decisions or failure to take decisions relating to hazardous substances. E+W

(1) Where a hazardous substances authority refuse an application for hazardous substances consent or an application under section 17(1) or an application for any consent, agreement or approval of the authority required by a condition imposed on the grant of such consent, or grant it subject to conditions, the applicant may, if he is aggrieved by their decision, appeal to the Secretary of State.

(2) A person who has made an application for hazardous substances consent may also appeal to the Secretary of State if the hazardous substances authority have neither—

(a) given notice to the applicant of their decision on the application; nor

(b) given notice to him that the application has been referred to the Secretary of State in accordance with directions given under section 20,

within such period as may be prescribed, or within such extended period as may at any time be agreed upon in writing between the applicant and the hazardous substances authority; and for the purposes of this Act in such a case the authority shall be deemed to have decided to refuse the application.

(3) An appeal under this section must be made by notice served in the prescribed manner within such period as may be prescribed.

[F1 (3A) A notice of appeal under this section must be accompanied by such information as may be prescribed.

(3B) The power to make regulations under subsection (3A) is exercisable by—

(a) the Secretary of State, in relation to England;

(b) the Welsh Ministers, in relation to Wales.

(3C) Section 40(3) does not apply in relation to regulations under subsection (3A) made by the Welsh Ministers.

(3D) Regulations under subsection (3A) made by the Welsh Ministers are subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

[F2 (3E) Once notice of an appeal under this section to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed.

(3F) Regulations which make provision under subsection (3E) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate.]

(4) The Secretary of State may allow or dismiss an appeal under this section or may reverse or vary any part of the decision of the hazardous substances authority (whether or not the appeal relates to that part of it) and may deal with the application as if it had been made to him in the first instance.

(5) Before determining an appeal under this section, the Secretary of State shall, if either the applicant or the hazardous substances authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

[F3 (5B) Subsection (5) does not apply to an appeal against a decision of a hazardous substances authority in Wales.]

(6) The decision of the Secretary of State on any appeal under this section shall be final.

F4 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The Schedule to this Act applies to appeals under this section.

Textual Amendments

F1 S. 21(3A)-(3D) inserted (6.4.2009 for E., 30.4.2012 for W.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 11 para. 6 (with s. 226); S.I. 2009/400, art. 5(d); S.I. 2012/802, art. 2(b)

F2 S. 21(3E)(3F) inserted (6.9.2015 for specified purposes, 5.5.2017 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 47(4), 58(2)(b)(4)(b); S.I. 2017/546, art. 3(b) (with art. 4)

F3 S. 21(5B) inserted (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 26

F4 S. 21(7) repealed (1.1.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. VII; S.I. 1991/2829, art. 3

Modifications etc. (not altering text)

C1 S. 21 Power to apply conferred (10.11.1993) by 1993 c. 28, ss. 171(4)(c); S.I. 1993/2762, art.3

Commencement Information

I1 S. 21 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 21 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2