Hazardous Substances Consent Appeals

Applicants for hazardous substances consent may appeal under Section 21 of the Planning (Hazardous Substances) Act 1990 on the following grounds.

• where the hazardous substances authority (HSA) refuse consent or grant it subject to conditions;
• where the applicant has applied for removal or variation of a condition (or conditions) imposed on a previous grant of hazardous substances consent and the HSA has refused the application or imposed different conditions;
• where the applicant has applied for any consent, agreement or approval required by a condition attached to a previous grant of hazardous substances consent, but the HSA has refused to give that consent/agreement/approval;
• where the applicant has applied to the HSA under Section 17 of the 1990 Act for the continuation of a hazardous substances consent upon partial change of ownership of the land and the HSA has refused the application; or
• the HSA has failed to issue a decision within the period allowed (ie 8 weeks from the date of receipt of the application, or any extended period agreed in writing between the applicant and the HSA).