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If your business can cause air pollution (smoke, dust or solvent fumes) or affect the environment (water or land contamination) then you need an Environmental Permit. This is a requirement of the Environmental Permitting (England and Wales) Regulations 2010 
. The permit will put strict limits on the pollution your business can make, both at your premises or from any mobile plant. Pollution prevention methods will be required.
. The permit will put strict limits on the pollution your business can make, both at your premises or from any mobile plant. Pollution prevention methods will be required.The Environmental Permitting system aims to:
- Continue to protect the environment and human health
- Continue to implement European legislation fully
- Increase clarity and minimize the administrative burden on operators and regulators
- Encourage regulators to promote risk based, proportionate regulation as well as best practice in the operation of regulated facilities
- Build on current methods of targeting the riskiest operations.
Activities that require an Environmental Permit include:
- An installation (meaning a facility carrying out any activity listed in Schedule 1 of the EP Regulations which cover the - energy industry, metals industry, minerals industry, chemical industry, waste management and other activities)
- A waste operation (meaning any disposal or recovery of waste which is not exempt under the EP Regulations), or
- A mobile plant carrying out one of the above these are the same activities that were previously regulated under the PPC and WML regimes.
Laws and Regulation
The EP Regulations 2007 have three separate, but linked, systems of pollution control and have also simplified, streamlined and combined Waste Management Licensing and Pollution Prevention and Control into creating a common approach to Permit applications, maintenance, surrender and enforcement.
- Integrated Pollution Prevention and Control (IPPC), which covers installations known as A(1) installations, which are regulated by the Environment Agency;
- Local authority Integrated Pollution Prevention and Control (LA-IPPC) which covers installations known as A(2) installations, that are regulated by local authorities;
- and, Local authority Pollution Prevention and Control (LAPPC), which covers installations known as Part B installations, also regulated by local authorities. All three systems require the operators of certain industrial and other installations to obtain a Permit to operate. Once an operator has submitted a Permit application, the regulator then decides whether to issue a Permit. If one is issued, it will include conditions aimed at reducing and preventing pollution to acceptable levels.
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.
Is the Licence Granted Automatically?
No,it is in the public interest that Torbay Council must process your application before it can be granted. You cannot operate an installation without a permit, and submitting an application form does not guarantee that a permit will be granted. All permits applications must be processed & determined within 4 months of submission. If you have not received a response within that time then please contact the Environmental Protection Team.
Pollution, Prevention and Control Act 1999
Torbay Council has a requirement under Pollution, Prevention and Control Act 1999 to authorise a number of Industrial processes with respect to their emissions to air.
You are able to apply or change an Environmental Permit online, using the secure form template and online payment system.
There is a public register that includes details of the the processes, their likely emissions and where appropriate any monitoring that is required. This can be viewed at Environmental Health and Consumer Protection Office.
Before starting your application, please download and read our guide to the application process.
Failed Application Appeal
An applicant who is refused an environmental permit may appeal the Secretary of State
Licence Holder Appeal
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.
Contact Environmental Protection
- Tel: 01803 208025
- Email: environmental.protection@torbay.gov.uk
- Fax: 01803 208854
