OpenLegislation

Paragraph 174

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person having an interest in the land to which a hazardous substances contravention notice relates or a relevant occupier may appeal to the Secretary of State against the notice, whether or not a copy of it has been served on him.

(2)

An appeal may be brought on any of the following grounds—

(a)

that, in respect of any contravention of hazardous substances control specified in the notice, hazardous substances consent ought to be granted for the quantity of the hazardous substance present on, over or under the land or, as the case may be, the condition concerned ought to be discharged;

(b)

that the matters alleged to constitute a contravention of hazardous substances control have not occurred;

(c)

that these matters (if they occurred) do not constitute a contravention of hazardous substances control;

(d)

that copies of the hazardous substances contravention notice were not served as required by or under section 24(4) of the Planning (Hazardous Substances) Act 1990;

(e)

that the steps required by the notice to be taken exceed what is necessary to remedy any contravention of hazardous substances control;

(f)

that any period specified in the notice in accordance with section 24(5)(b) of that Act falls short of what should reasonably be allowed.

(3)

An appeal under this section shall be made either—

(a)

by giving written notice of the appeal to the Secretary of State before the date specified in the hazardous substances contravention notice as the date on which it is to take effect; or

(b)

by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.

(4)

A notice under subsection (3) shall be accompanied by a copy of the hazardous substances contravention notice, together with a statement—

(a)

specifying the grounds on which the appeal is being made against the hazardous substances contravention notice; and

(b)

setting out the appellant’s submissions in relation to each ground of appeal.

(5)

If, where more than one ground is specified in that statement, the appellant does not in that statement give information required under subsection (4)(b) in relation to each of those grounds the Secretary of State may determine the appeal without considering any ground as to which the appellant has failed in that statement to give such information.

(6)

In this section “relevant occupier” means a person who—

(a)

on the date on which the hazardous substances contravention notice is issued occupies the land to which the notice relates by virtue of a licence; and

(b)

continues so to occupy the land when the appeal is brought.