Hazardous substance appeals

Last updated: 29 March 2018

You have the right to appeal if you apply to a planning authority for hazardous substances consent and the planning authority:

  • refuses hazardous substances consent
  • gives consent but you don't agree with some conditions of the consent
  • doesn't make a decision on consent within 2 months

Use form HSC to make an appeal.

If you're given a contravention notice

You also have the right to appeal if you're given a hazardous substances contravention notice. You'll get this notice if a planning authority believes you haven't been dealing with or storing hazardous substances as you should.

You should use form HSCN to appeal a hazardous substances contravention notice.

How to appeal

To complete the HSC or HSCN form you'll need to:

  • fill in your details
  • give the reason why you're appealing
  • write a statement about your appeal – you need to be careful to include all the details about your appeal
  • provide documents to support your appeal – you should write on your appeal form a list of all the documents you send with your form

There are also notes you can download to help you fill in your appeal forms in the supporting files section on the gov.scot website:

The appeals process

Send your form to the Planning and Environmental Appeals Division – their address and contact details are at the end of the appeals form.

Deadlines for appeals

For appeals made using the HSC form, you must make your appeal within 3 months of a planning authority's original decision on your hazardous substances application.

If you've had a hazardous substances contravention notice, it will confirm the date the notice is due to take effect. For appeals using the HSCN form your appeal must be made before this date.

Find out more about planning controls for hazardous substances.