OpenLegislation

Paragraph 10 Modifications of Part I of the Control of Pollution Act 1974

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

(1)

Part I of the Control of Pollution Act 1974 shall have effect, in a case where the planning permission referred to in section 5(3) of that Act does not result from the taking of a specified action by a planning authority after 30th April 1994, as if the duty imposed upon the disposal authority by that subsection was a duty not to reject the application unless the authority is satisfied that its rejection is necessary for the purpose of preventing—

(a)

pollution of the environment;

(b)

danger to public health; or

(c)

serious detriment to the amenities of the locality.

(2)

In sub-paragraph (1) above, “pollution of the environment” has the same meaning as in Part II of the 1990 Actf1.

(3)

Part I of the Control of Pollution Act 1974 shall have effect as if any reference in that Part to waste included a reference to Directive waste.

Annotations

Footnotes

f1

See section 29.