You must have an environmental permit if you operate a regulated installation in England or Wales.
A regulated installation includes Part A (2) and Part B installations that are regulated by us and Part A (1) installations that are regulated by the Environment Agency.
Installations regulated by us
As a local authority, we regulate Part A (2) and Part B installations, which are:
- installations or mobile plants carrying out listed activities
Part A (2) and B listed activities include:
- energy - combustion, gasification, and liquification activities
- metals - foundries, processing and treatment of metals
- minerals - the storage of bulk cement, crushing and screening of mineral and ceramics or glass
- chemicals - the storage of chemicals in bulk
- waste - the incineration of waste
- solvents - use of solvents
- other - the manufacture and treatment of timber products, coating, tar and bitumen, printing, the processing of rubber, the rendering of animal carcases and animal waste, the processing of animal and vegetable waste
Further detailed descriptions of the listed activities can be found in Schedule 1 of the The Environmental Permitting (England and Wales) Regulations 2010.
Why permits are needed
Part A (1) and A (2) permits control activities with a range of environmental impacts, including:
- emissions to air, land and water
- energy efficiency
- waste reduction
- raw materials consumption
- noise, vibration and heat
- accident prevention
Part B permits control activities which cause emissions to air.
How to get an environmental permit
The permit your business requires depends on the specific processes involved and resulting emissions.
Permits for Part A (2) and B installations are issued by us. You can apply online or you can contact us and we will send you an application form. Contact details are listed below.
Permits for Part A (1) installations are available from the Gov.uk: apply for an environmental permit. The A1 activities for which the Environment Agency is responsible for regulating are detailed in Schedule 1 of the Environmental Protection (England and Wales) Regulations 2010 (As Amended) for issuing permits for the following activities:
- Waste operations carried out at Part B installations
- Waste operations or waste mobile plant carried on other than at an installation, or by Part A or Part B mobile plants.
- Mining waste operations
The application must be made by the operator of the regulated installation. For waste operations no licence will be granted unless any required planning permission has first been granted.
Gov.uk: environmental permitting resources are set annually by DEFRA. Subsistence fees are payable on an annual basis from 1 April each year. You will be sent an invoice for these.
Subsistence fees become due when the permit is issued and will be pro-rated in the first year. For example, if your permit is issued in January, the subsistence fee will only be payable for the months of February and March and will be reduced accordingly.
Where acceptance of an application for declaration of reduced operation has been granted by the Council, the operator of the regulated installation is entitled to a reduced annual subsistence charge of 40% of the full charge that is applicable for the financial year.
However where the declaration of reduced operation no longer applies within the first twelve months from when the application is received the company must retrospectively pay the full subsistence charge that would have been payable plus a £50 administration fee.
The subsistence fee for installations that have received acceptance of an application for declaration of reduced operation will, after the full twelve month period, be at the reduced charge to cover every complete month that the reduced operation status remains applicable. Therefore the company must pay the full subsistence charge for each remaining month of the year for which the reduced operation status no longer applies.
Application evaluation process
We 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.
We may inform the public of the application and must consider any representations.
We must be satisfied that the application is from the operator of the regulated installation and that the installation will be operated in accordance with the environmental permit.
If we need information from you that has not been provided, we will contact you to let you know. If this information is not then given to us within a reasonable time, the application will be deemed to be withdrawn. In such circumstances, the application fee will be returned to you along with any non-electronic documents you have given us.
Implied granting of permit ('tacit consent')
It is in the public interest that we process your application before it can be granted. This means that you cannot assume your permit is granted just because you have not heard from us. Please contact us if you have not heard from us within 14 days of your application being submitted.
We aim to process an application (in terms of ensuring it is duly made) within 14 days of receipt. We aim to issue your permit(s) as soon as practically possible but in any case, within three or four months of a correctly made application (depending on type).
- Gov.uk: apply for an environmental permit part B
- Gov.uk: apply for an environmental permit part A2
- Gov.uk: apply to change an environmental permit
- Gov.uk: annual subsistence charge (environmental permit)
Online application guidance
The application forms require that you provide detailed information regarding your activities. Please ensure that this is given in sufficient detail. Where indicated on the form, it is acceptable for the information needed to be attached to your application as separate documents. If you choose to do this, you must ensure that the attachments and application form are clearly referenced.
Please note, that with all types of application, certain information is to be supplied as separate attachments as a matter of course. This information generally relates to site maps and plans.
Failed application redress
Please contact us in the first instance.
An applicant who is refused an environmental permit may appeal to the Secretary of State. Appeals must be lodged no later than six months from the date of our decision. Completed appeals should be made to:
The Planning Inspectorate
Registry/Scanning Room 3/01 Kite Wing
Temple Quay House
2 The Square
Permit holder redress
We request that you contact us with any grievance concerning your permit.
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 Secretary of State.
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.
In partnership with
03000 261 016
Our address is:
- Environment, Health and Consumer Protect
- Annand House
- John Street North
- County Durham
- United Kingdom
- DH7 8RS