Applying for Environmental Permits
Anyone wanting to operate a Part A1 activity needs to apply to the Environment Agency, and anyone wishing to operate a Part A2 or Part B activity must submit an application, with the appropriate fee, to the local authority. The permit application is then considered, with reference being made to government guidance to determine whether to issue or refuse the permit application. If a permit is issued, it will include conditions which set down how the pollution shall be minimised.
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.
Application Forms -Apply for Part A(2) and Part B
These permits are issued by Cheshire East Council. If you need to apply for a permit, substantial change, transfer, variation or surrender contact us for the correct application forms. There are separate permit application forms for Part A2 or B installations, and simplified permit application forms are available for vehicle resprayers, dry cleaners, petrol stations and small waste oil burners.
The costs involved in obtaining and retaining an Environmental Permit are not straightforward. There are charges for:
- applications for permits
- retaining a permit (subsistence fees)
- making major changes to the facility (substantial changes)
- transferring a permit
- varying a permit
Please contact us on the details below for information on fees
Pre-application discussions between operators and regulators can help in improving the quality of the formal permit application and are therefore encouraged.
The permit application must be made on the form provided, it must include all the information required by the form and it must be accompanied by the relevant fee.
If the application is correctly made and includes the relevant fee, it will be "duly made", which means it has been accepted by the Council. The permit application will not be duly made if for instance:
- it has not been submitted on the correct form
- it does not adequately address a key point in the application
- the relevant fee does not accompany the permit application
- it is for an installation that falls outside the remit of LA-IPPC or LAPPC regimes
- it has been sent to the wrong regulator
- the declarations have not been completed
- the operator is not a legal entity
Cheshire East 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.
From receipt of a 'duly made' application we have up to four months to issue the permit. The reason for this is because we may need to consult interested parties such as the Environment Agency and Natural England, for example. Consultation may need to be undertaken both for new applications and substantial change applications.
On top of the need to consult with statutory bodies we have the option to advertise the application in a local newspaper. This is usually done where the application is likely to give rise to local controversy, or where the activity subject to the application could have impacts wider than the immediate vicinity, and a newspaper advertisement will be the best way of alerting potentially interested people. Cheshire East 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 Authority must be satisfied that they must operate the facility in accordance with the environmental permit.
If further information is required the applicant will be notified by Cheshire East and they must provide this information or the application will be deemed to be withdrawn.
Only a person who has control over the operation of a regulated facility may obtain or hold an Environmental Permit. This person is the "operator". A permit application may be made by an agent on behalf of the operator.
For waste operations no licence will be granted unless any required planning permission had first been granted.
Right of Appeal
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 the decision.
Other Useful Organisations
It is advisable to contact your trade association for advice about completing the permit application form and methodology for compliance with the legislation.
Federation of Environmental Trade Associations (FETA)
Environmental Industries Commission (EIC)
Environmental Services Associations (ESA)