This regime is known as Local Authority Integrated Pollution Prevention and Control, LA-IPPC.
Integrated Pollution Prevention & Control aims to make sure that particular industries consider the environment as a whole. LA-IPPC is designed to look at many environmental impacts and to control air, land and water pollution from A1 and A2 activities. The industries concerned are required to assess their use of resources including energy and their generation of waste with a view to the best environmental option.
A1 Activities
The Environmental Agency control A1 activities, which concern more polluting and complex industries, e.g. power stations. Enquiries about A1 activities should be made to the Environment Agency.
A2 Activities
We undertake inspection and regulation of premises where part A2 activities, which have the potential to cause air pollution. In Dudley these activities include activities such as large foundries and brick manufacturers.
Who needs a permit?
Anyone operating an activity that falls into the A2 category described above must submit an application, with the appropriate fee, to us. We must then determine the permit in accordance with government guidance. If you wish to find out which activities require a permit, these can be found in part 2 of Schedule 1 of the Environmental Permitting regulations 2010.
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 build a new installation you will need to apply and obtain a permit before you start operating the activity. We recommend that you contact us at the same time as considering the planning application.
How do I apply?
You can apply by any of the following means:
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Using our online application form You can chose to pay for the registration online, by sending a cheque to us or by paying in person at our offices atClaughton House, Blowers Green Road, Dudley, West Midlands DY2 8UZ.
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.
Who regulates the activities?
Part A2 activities are regulated by local authorities. Dudley Council is responsible for permitting and inspecting all Part A2 activities within the borough. The operator of the prescribed activity must comply with the conditions of the permit and they will be subject to inspection to ensure this is the case.
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.
How long will my application take to process?
A local authority should determine an application for an A2 installation and for all Part B installations except dry cleaners and small waste oil burners within 4 months of the application being duly made.
This time period of 4 months does not include any time taken for the request for additional information.
The time frame for dry cleaners and small waste oil burners is 3 months.
We will confirm that we have received your application. Please contact us if you have any queries using the details below.
Can I start to operate a permitted process without a permit being issued? (i.e. will tacit consent apply)
No. It is illegal to operate a permitted process without a permit being issued.
No new installation or substantial change to an existing installation may be operated without a permit or variation. It is an offence under EP regulation 38(1)(a) to operate a regulated facility without a permit and to the extent authorised by that permit.
In the event that new categories of activity are subsequently added by future amendments to the EP Regulations, those amendment Regulations are likely to include deadlines by which applications must be made for new and existing installations.
If you have not heard from us within a reasonable period, please contact us using the details at the bottom of the page.
Your Right of Appeal
Any person aggrieved by a refusal to be granted a permit or by any condition to which a permit is subject may appeal to the Magistrates Court and the Courts may give such directions regarding the permit or its conditions as it thinks proper.
Making a complaint
If you feel we have failed to provide you with good service or are concerned about the progress of your application, please contact us and we will endeavour to resolve any concerns you may have. We also have a formal complaints procedure.
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.
Where can I get further information?
Please see the DEFRA websie for further information.
