Local Authority Pollution Prevention and Control
Environmental Permitting Regulations 2016
Public Register
This register contains a list of installations and mobile plant permitted by Cannock Chase Council.
Environmental Permits Register
Introduction
You must have an environmental permit if you operate a regulated facility in England or Wales.
A regulated facility includes:
- installations or mobile plants carrying out listed activities
- waste operations
- waste mobile plant
- mining waste operations
- Listed activities include:
- energy - burning fuel, gasification, liquefaction and refining activities
- metals - manufacturing and processing metals
- minerals - manufacturing lime, cement, ceramics or glass
- chemicals - manufacturing chemicals, pharmaceuticals or explosives, storing chemicals in bulk
- waste - incinerating waste, operating landfills, recovering waste
- solvents - using solvents (Solvent Emission (England & Wales) Regulations 2004)
- other - manufacturing paper, pulp and board, treating timber products, coating, treating textiles and printing, manufacturing new tyres, intensive pig and poultry farming
Listed activities are divided into three categories: Part A(1), Part A(2) and Part B.
Part A
Part A 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
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 East Staffordshire Borough Council (the regulators), depending upon the category your business falls within:
- Part A(1) installations or mobile plants are regulated by the Environment Agency
- Part A(2) and Part B installations or mobile plants are regulated by the Local Authority, except waste operations carried out at Part B installations which are regulated by the Environment Agency
- waste operations or mobile waste plant carried out other than at an installation, or by Part A or Part B mobile plants, are regulated by the Environment Agency
- mining waste operations are regulated by the Environment Agency
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 tell us about a change to your existing circumstances.
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 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.
Regulation Summary
Environmental Permitting (England & Wales) Regulations 2016 and a summary booklet produced by DEFRA.
Application Evaluation Process
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.
Will Tacit Consent Apply?
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 Environmental Protection team by using the contact us link quoting Existing Application (link sends e-mail)
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 quoting New Application (link sends e-mail)
Failed Application Redress
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.
Licence Holder Redress
Please contact the council 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)):
- A written notice of the appeal
- A statement of the grounds of appeal
- A statement indicating whether the appellant wishes the appeal to be dealt with by written representations procedure or at a hearing - a hearing must be held if either the appellant or local authority requests this, or an appointed person or the Secretary of State/Welsh Ministers decide to hold one (appellants must copy the above three items to the local authority when the appeal is made)
- A copy of any relevant application
- A copy of any relevant permit
- A copy of any relevant correspondence between the appellant and the regulator
- A copy of any decision or notice, which is the subject matter of the appeal
- Appeals should be dispatched 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
Temple Quay
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.
Consumer Complaint
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.
Other Redress
Compensation may be payable in relation to conditions affecting certain interests in land.
Trade Associations
Federation of Environmental Trade Associations (FETA)
Environmental Industries Commission (EIC)
Environmental Services Associations (ESA)
Types of installation
Part A1 installations:
These include the larger industries such as power stations and chemical plants. A1 installations are regulated by the Environment Agency who control emissions of pollutants to air, land and water.
Part A2 Installations:
A1 and A2 industries have pollution controls to protect the environment from emissions to air, water (including discharges to sewer) and land including any other activities that may have an environmental impact hence the term 'integrated pollution prevention and control'.
Part B Installations:
These include smaller installations ranging from dry cleaners and petrol stations to roadstone coating to land or water and are only regulated for emissions to air. Mobile installations: Part A(2) and B mobile units such as stone crushers are regulated by the local authority where their head office or principle place of business is located. Operators of these units are required to inform the regulating authority of their location. As before Part A(1) mobile units are regulated by the Environment Agency.
Environmental Permits
Permits
Operators of installations like those mentioned above must obtain a permit to operate. An application fee must accompany the application for permit. For the charging scheme please either contact Cannock Chase Councils Environmental Protection Team or refer to Defra's site at:
http://www.gov.uk/government/collections/environmental-permitting-resources-for-local-authorities
Permit applications must include a written description of the way in which pollution is to be minimised. Where a local authority decides to grant an installation a permit, that permit must include conditions stipulating how pollution is to be minimised. Government guidance has been published as to the appropriate pollution standards for various types of installation. The law requires the standards to achieve a balance between protecting the environment and the cost of so doing. The local authority is required to have regard to that guidance.
Operators can appeal where a permit application is refused or where it is granted but the operator disagrees with the conditions.
Once a permit is issued the operator must comply with the conditions.
Local authorities categorise installations according to the risk they represent (high, medium or low risk) based on the potential environmental impact in the event of an incident, and the effectiveness and reliability of the operator.
Where a business fails to comply with the Regulations, local authorities have the power to serve various types of notice and the power to prosecute. Where possible, however, authorities try to work with the operator to resolve problems.
Guidance Documents
The GGM comprises guidance on the policy and permitting procedures for activities subject to LA-IPPC and LAPPC under the Environmental Permitting Regulations 2010. The Part B system is known as Local Authority Pollution Prevention and Control (LAPPC). Full details of the part B industries in your area can be found via the Cannock Chase Council Public Register. If your business poses a high risk to the environment (A1 process), you must have apply for a permit from the Environment Agency. Enquiries in relation to applications for Part A1 installations should be directed to the Environment Agency via their national call centre tel. 08708 506 506 or for incidents arising at these premises 0800 807060 (Freephone, 24 hour service).
It is statutory guidance to local authority regulators, which they must have regard to. It aims to guide firms undertaking or planning to undertake relevant activities on their legal obligations. And it is designed to be useful to members of the public interested in industrial pollution control. These include medium sized industries such as brick manufacturers and galvanisers. Part A(2) installations are regulated by the local authority. The A2 system is Local Authority Integrated Pollution Prevention and Control (LA-IPPC).
http://www.defra.gov.uk/environment/quality/pollution/ppc/localauth/pubs/guidance/manuals.htm
Guidance notes for local authority regulated industrial activities
Process and Sector Guidance Notes are specific to particular industrial sectors.
Process Guidance Notes (PG Notes) involve only Part B activities whereas the Sector Guidance Notes (SG Notes) involve only Part A(2) activities.
The additional guidance notes are known as Air Quality Notes (AQ Notes) and are used to provide information on any issue that requires clarification in writing by Defra.
This could be a correction to existing guidance, a reminder of the importance of certain requirements, drawing LA officers' attention to a relevant consultation which they may not have seen, clarifying Best Available Techniques if possible in the event of multiple queries, or merely an update on the latest state of play.
- Process Guidance Notes - for Part B activities
- Sector Guidance Notes - for Part A(2) activities
- Air Quality (AQ) Notes - additional guidance notes plants that are regulated by the local authority. These industries are considered unlikely to cause pollution
It is the Operator's responsibility to determine whether the Regulations apply to their activity, and, if so, whether it is a Part A1, A2 or Part B activity. Operators should satisfy themselves that they comply with the law.
Current Environmental Permit Public Consultations
Current Environmental Permitting Public Consultations:
ENVIRONMENTAL PERMITTING (ENGLAND AND WALES) REGULATIONS 2010
REGULATION 13 AND SCHEDULE 5, PARAGRAPH 6
Application for a permit to operate an installation - Cannock Crematorium, Norton Road, Heath Hayes, Cannock WS12 3HJ
- Notice is hereby given of the above-mentioned application for a permit, a copy of which is attached..
- Any representations you make by 18th September 2020will be considered in determining the application. Representations should be sent to environmental health@cannockchasedc.gov.uk.
- If further information is required, please contact Mr S. Moore, 01543 464686 /orstephenmoore@cannockchasedc.gov.uk
Public Register
Public registers
A public register of processes issued with pollution control environmental permits is maintained at Cannock Chase Council, Civic Centre, Beecroft Road, Cannock. The register contains records as specified in the Environmental Permitting (England & Wales) Regulations 2016.
The public register is held on paper and open for inspection by members of the public. Copies of register entries may be obtained on payment of a fee.
Last Updated: 24/09/2020