By law Local Authorities are required to regulate certain types of industries to reduce pollution and in particular improve air quality. The laws include The Pollution Prevention & Control Act 1999 and Environmental Permitting (England and Wales Regulations) 2010 which together govern Integrated Pollution Prevention and Control and Local Authority Pollution Prevention and Control.
Our role in the regime is to issue permits which set controls and emission standards to minimise pollution from certain industrial activities. The Activities which require a permit can be found in Part 2 of Schedule 1 of the Environmental Permitting (England and Wales) Regulations 2010. Once a Permit has been issued we routinely inspect the activity, those with a higher pollution potential are inspected more frequently. If a company breaches the conditions we set in the Permit we can take enforcement action which may lead to prosecution.
The activities listed in the Environmental Permitting regulations 2010 are split into three categories namely A1, A2 and Part B activities.
A1 Activities
The Environment Agency control A1 activities, which are the larger more polluting and complex industries e.g. power stations. Enquiries about A1 activities should be made to the Environment Agency.
A2 Activities
We undertake the inspection and regulation of all Part A2 Activities within the Borough. In Dudley these activities include large foundries and brick manufacturers. The Part A2 activities regime is known as Local Authority Integrated Pollution Prevention and Control (LA-IPPC).
Part B Activities
Part B activities are those that have less potential to cause pollution and include activities such as vehicle re-spraying, furniture manufacture and unloading of petrol. The Part B activities regime is known as Local Authority Pollution Prevention and Control (LAPPC).
Guidance
DEFRA provides further information guidance on the policy and permitting procedures for activities subject to LA-IPPC and LAPPC under the Environmental Permitting Regulations 2010.
Who needs a permit?
Anyone operating an activity that is listed in Part 2 of Schedule 1 of the Environmental Permitting regulations 2010 requires a Permit. Anyone wanting to operate an 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 us. We must then consider the permit application making reference to government guidance to determine whether to issue or refuse the prmit application. If we issue a Permit it must include conditions which set down how the pollution shall be minimised. Application forms are available us via the contact details at the bottom of this page.
Eligibility Criteria
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.
When do I need a permit?
If you wish to start a new installation you will need to apply and obtain a permit before you start operating the activity, so the sooner you make the application the better.
How Much Will It Cost?
The costs incurred in obtaining and retaining an environmental permit are not straightforward.
LAPPC (Part B) Fees
LA-IPPC (Part A2) Fees
These change according to, for example, legislative changes and inflation. There are charges for:
- applications for permits
- retaining a permit (these are called subsistence fees)
- making major changes to the facility (these are called substantial changes).
Application Evaluation Process
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 & 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;
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It has not been submitted on the correct form,
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It does not adequately address a key point in the application,
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The relevant fee does not accompany the permit application.
Permitted activities - Access to Information
Dudley Council maintains a Public Register containing information on all the Permitted Activities within the borough. The full register is available for public view during normal office hours at Claughton House, Blowers Green Road, Dudley, DY2 8UZ. Summary details of permitted activities are available online from the Online Environmental Permit Register.
Public Participation and Consultations
The Public are invited to comment on Current Applications for all Permits (Part A2 and Part B) and Draft Determinations for Part A2 Permits only. The list of applications and draft determinations is available to view online and the application/determination details are held on the Public Register as detailed above. Comments on applications/determinations must be made to the Council within 20 days of the notification being placed on the web site.
Any written comments received from the Public will be placed on the Public Register unless they include a request that this is not done. In such circumstances the register will include a note that representations have been made which are not on the register because of such a request.
For enquiries about the register please contact us via the details at the bottom of this page.
Trade Associations
It is advisable to contact your trade association for advice about completing the permit application form and methodology for compliance with the legislation.
