Eligibility Criteria
Applications must be made on the form provided by the regulator, or online and must include specified information which will vary depending on the operation. The fees and charges are set by DEFRA and are available via the DEFRA website. If further information is required the applicant will be notified by the regulator and they must provide this information or the application will be deemed to be withdrawn.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.
How do I apply?
Apply for a part A2 environmental permit or a part b environmental permit online via the Business Link website. If you wish to apply by post for a new environmental permit please download the application forms.
What charges are made?
Applications must be accompanied by the correct fee - in addition there is an annual subsistence fee usually payable from 1 April each year which must be paid once the permit has been issued. A pro-rata fee will apply following the issue of a permit to cover the remaining months until 1 April of the next financial year.
These fees are set by the Department of the Environment (DEFRA) and reviewed annually and can be found on the DEFRA website.
The application is dependant on the type of process, and the type of application. Annual subsistence fees also vary depending on process type and the risk rating given by the Council during programmed inspection of the process. For more advice contact Environmental Protection.
What is the application process?
Application process
Officers from the Environmental Improvement Team will make a site visits to assess the installation and assist in drafting permit conditions. They will also guide the operator through the application process.
Are there any spot checks made during the lifetime of the Permit?
Once the permit is granted the regulator will make periodic inspections to check compliance with permit conditions. The Council regulates the frequency of these inspections, this is determined by the risk rating score that is determined by the level of compliance noted during the inspection. The risk rating score also determines the annual subscription fee.
Does tacit consent apply?
No. It is in the public interest that the authority must process your application before it can be granted. If however you have not been notified of the decision within the relevant period the application can be deemed as being refused for which there is a right of appeal.
What are the rights of appeal?
An applicant has a right of appeal against refusal or deemed refusal to grant an environmental permit. There is also a right of appeal to the Secretary of State against permit conditions and refusal to grant a variation, transfer or surrender application. Such appeals must be made to the Planning Inspectorate within six months from the date of decision.
There is also a right of appeal against a regulator initiated variation, suspension, or enforcement notice, or where the regulator has deemed that the application has been withdrawn. Such appeals must be made to the Planning Inspectorate within two months of the date of the notice.
Appeals in relation to revocation notices must be made to the Planning Inspectorate before the date on which the revocation takes effect.
For further information on appeals to the Secretary of State please contact:
The Planning Inspectorate
Environment Team, Major and Specialist Casework
Room 4/04 Kite Wing
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6PN
What is the Length of time of a Permit?
The permit lasts for an indefinite period, however the regulator is required to undertake a periodic review of the permit every four to six years to take account of changes to legislation and or guidance.
In addition the regulator can revoke the permit for non-payment of the subsistence fees or if the regulator fails to adhere to the conditions set out in the permit.
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