# The Planning (Hazardous Substances) (Wales) (Amendment) Regulations 2017, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the Planning (Hazardous Substances) (Wales) Regulations 2015 (“the 2015 Regulations”).
The main changes are—
(1) amendments to the procedure in relation to applications referred to the Welsh Ministers pursuant to a direction under section 20 of the Planning (Hazardous Substances) Act 1990 (“the PHSA”), including provision for an applicant to submit a full statement of case within a specified timescale if the applicant so chooses (regulation 4 which substitutes regulation 12 of the 2015 Regulations);
(2) amendments to the procedure in relation to appeals under section 21 of the PHSA to require—
(a) a notice of appeal to be accompanied by a full statement of case; and
(b) the appellant to send a copy of the full statement of case to the hazardous substances authority (regulation 5 which amends regulation 13 of the 2015 Regulations);
(3) provision under section 21(3E) and (3F) of the PHSA (which were inserted by section 47(4) of the Planning (Wales) Act 2015) to—
(a) prescribe a circumstance under section 21(3E) in which an application may be varied once notice of appeal has been served; and
(b) provide for an application which is so varied to be subject to such further consultation as the Welsh Ministers consider appropriate (regulation 6 which inserts regulation 13A into the 2015 Regulations);
(4) amendments to the procedure for appeals against hazardous substances contravention notices to require—
(a) a full statement of case to be sent to the Welsh Ministers within a specified period; and
(b) the appellant to send a copy of the notice of appeal and full statement of case to the hazardous substances authority (regulation 7 which amends regulation 17 of, and Part 1 of Schedule 4 to, the 2015 Regulations).
Regulation 8 contains transitional and saving provisions.
The Regulatory Impact Assessment applicable to these Regulations is obtainable from the Welsh Government at: Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government website at www.gov.wales.

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Source: https://www.legislation.gov.uk/wsi/2017/547/note (the official version)
Page: https://openlegislation.uk/planning-hazardous-substances-wales-amendment-regulations-2017/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.