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Hazardous Substances Consent Appeals

The Planning Inspectorate web site contains Appeal guidance and forms.

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).

For further information please refer to the Planning Inspectorate web site on: