The Planning (Hazardous Substances) (Wales) (Amendment) Regulations 2017


Added on: 27/04/2017

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 notice of appeal to be accompanied by a full statement of case; and
- 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:

- prescribe a circumstance under section 21(3E) in which an application may be varied once notice of appeal has been served; and
- 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 full statement of case to be sent to the Welsh Ministers within a specified period; and
- 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).

Mae’r Rheoliadau hyn yn diwygio Rheoliadau Cynllunio (Sylweddau Peryglus) (Cymru) 2015 (“Rheoliadau 2015”).