The above legislation came into force in 2000 by way of the Pollution Prevention and Control Regulations (“The PPC Regs”), replacing the Environmental Protection Act in terms of Industrial Regulation. This transition has been fully implemented and has now transferred automatically to the Environmental Permitting (England & Wales) Regulations 2007 (“The 2007 Regs”). These have recently been updated and are now under the Environmental Permitting (England & Wales) Regulations 2010 ("The 2010 Regs").
"The 2010 Regs" came into force on 6th April 2010. This new regulation replaces over 40 different sets of regulations under one regime.
The new regulations aim to provide a more streamlined approach to environmental regulation. For example, where previously a site may have undertaken several activities onsite, each requiring separate permits (for waste management activities and discharges to air, land and/or water), regulated by different authorities (Environment Agency and/or Local Authority), these will now be regulated under one permit by one regulator.
The Pollution Prevention and Control Act 1999 remains the primary legislation requiring industrial regulation. "The 2010 Regs" replaces the Pollution Prevention and Control (England & Wales) Regulations 2000 for enabling this Act.
A regulated facility includes:
Listed activities include:
Listed activities are divided into three categories: Part A(1), Part A(2) and Part B.
Part A permits control activities with a range of environmental impacts, including:
Part B permits control activities which cause emissions to air.
The permit your business requires depends on the specific processes involved and resulting emissions.
Permits are available from the Environment Agency or your Local Authority, East Staffordshire Borough Council (the regulators), depending upon the category your business falls within:
It is an offence under the Environmental Permitting (England & Wales) Regulations 2010 to operate a prescribed process without a Permit to Operate.
Any proposed changes in operation must be reported to the regulator. A “change in operation” means a change in the nature of functioning, or an extension of the installation which may have consequences for the environment. In the case of the latter, a substantial change variation may be required, which follows a similar procedure to applying for a permit to operate. Further details on the types of variation applications can be found in chapter 24 of the General Guidance Manual.
To inform us of a proposed change in operation, please follow the link further down the page, to tell us about a change to your existing circumstances.
Applications must be made on the form provided by the regulator or online and must include specified information which will vary depending on the process.
Your application must be accompanied with the correct fee. It is recommended that you contact the regulator to confirm how much this will be for your process. Details of the fees and charges can be found here.
Your application will be returned to you if the correct fee is not paid.
If further information is required you will be notified by the regulator in writing. You must provide this information or the application will be deemed to be withdrawn.
The application must be from the operator of the regulated facility.
For waste operations no licence will be granted unless any required planning permission had first been granted.
The Environmental Permitting (England & Wales) Regulations 2010 can be found here and a summary booklet produced by DEFRA is available here.
The regulator will pay regard to the protection of the environment taken as a whole by, in particular, preventing or, where that is not practicable, reducing emissions into the air, water and land.
The regulator may inform the public of the application and must consider any representations.
The application must be from the operator of the regulated facility and the regulator must be satisfied that they must operate the facility in accordance with the environmental permit.
No. It is in the public interest that the authority must process your application before it can be granted. Additionally, if your application has not been determined after the permitted period, it will automatically be deemed as "refused", unless an extension has been agreed between you and the regulator. If you have not heard from the local authority within a reasonable period, please contact them. Please contact the Pollution Team by using the 'contact us' link on the Council's homepage.
How to Apply
If you need to apply for a new Part A2 LA-IPPC or Part B LA-PPC Environmental Permit or to vary an existing Environmental Permit, Please contact the Pollution Team by using the 'contact us' link on the Council's homepage in the first instance.
Please contact the Pollution Team by using the 'contact us' link on the Council's homepage in the first instance.
An applicant who is refused an environmental permit may appeal to the appropriate authority. In England the appropriate authority is the Secretary of State and in Wales, the Welsh Ministers. Appeals must be lodged no later than six months from the date of the decision.
Please contact your local authority in the first instance.
If an application to vary, transfer or surrender an environmental permit has been refused or if the applicant objects to conditions imposed on the environmental permit, they may appeal to the appropriate authority.
Appeals must be lodged in relation to a regulator initiated variation, a suspension notice or an enforcement notice, not later than two months from the date of the variation or notice and in any other case, not later than six months from the date of the decision.
Appeals in relation to confidentiality must be received by the appropriate authority within 15 working days after the local authority has given its determination on the request for commercial confidentiality in an application, otherwise the information shall be placed on the public register.
For an appeal to be valid, appellants (the person/operator making the appeal) are legally required to provide all of the following (see EP Regulation Schedule 6, Paragraph 2 (2)):
Appeals should be despatched on the day they are dated, and addressed to:
The Planning Inspectorate
Environment Team, Major & Specialist Casework
Room 4/04 Kite Wing
Temple Quay House
2 The Square
Bristol BS1 6PN
Tel: 0117 372 8726
Fax: 0117 372 8139
Further details on the appeals process will be provided by the Planning Inspectorate on receipt of an appeal.
We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form of a letter (with proof of deliver). If that has not worked, if you are located in the UK, Citizens Advice - Advice Guide will give you advice. From outside the UK contact the UK European Consumer Centre.
Compensation may be payable in relation to conditions affecting certain interests in land.
Federation of Environmental Trade Associations (FETA)
Environmental Industries Commission (EIC)
Environmental Services Associations (ESA)
Please refer to the following links for information on:
The Pollution Prevention and Control Act 1999
The Environmental Permitting (England & Wales) Regulations 2010
The Solvent Emission (England & Wales) Regulations 2004
You may also find the following website links useful:
DEFRA – Environmental Permitting Regulations and Guidance
Environment Agency – Environmental Permitting
Please check the links at the left hand side of the page for further information, or click here to return to the Pollution homepage.