Under the Environmental Permitting Regulations 2016 ("the Regulations") the District Council must regulate certain types of factory premises and other smaller activities such as petrol stations and dry cleaners. These are known as Part A2 or Part B regulated facilities. Part A1 facilities are regulated by the Environment Agency.
This regulation is to reduce any pollution the businesses may cause and, in particular, to help improve air quality. Full details of what activities require a permit can be found in Schedule 1 of the Regulations. Businesses which operate these premises must have a permit.
Fees and charges
The operator or permit holder must pay a fee to apply for the permit and an annual subsistence fee to retain the permit. The application fee is to cover the costs incurred by the District Council to process the application and prepare a permit for the activity being undertake and the annual subsistence fee is to cover the costs incurred by the District Council in undertaking its duties in inspecting the business. These charges are in line with the polluter pays principle. The fees are set annually by Defra.
If the District Council decides to issue a permit, it must include conditions in that permit. These conditions will say how pollution is to be minimised and controlled.
The Government (Defra) has published guidance for each type of installation, called Process Guidance Notes. These state what are likely to be the right standards or methods of operation to minimise pollution of the environment and protect human health. These standards must strike a balance between protecting the environment and the financial cost of doing so. The District Council must, by law, have regard to the guidance notes published for the various industrial activities and also to consider local circumstances.
The Regulations say what information must be in an application. The District Council must determine a Part A2 or Part B application within four months of its submission and the applicant will be notified within 10 working days if the application is considered to be duly made. Duly made means it contains all the information required to process the application. The exception to this determination period is a three month period for applications for dry cleaners and small waste oil burners.
The three or four month time period does not include the time allowed for certain activities such as the request for additional information, or where there are issues of commercial confidentiality.
The District Council must not issue a permit if it considers that the operator will not operate the facility in accordance with the permit. Factors considered will be the operators technical or financial competence or a previous poor record of compliance. A Local Authority and operator may agree a longer period than four months. If the operator does not agree to a longer period and the four months pass without a determination, the operator can serve a notice on the Local Authority referring to paragraph 15(1) of Schedule 5.
On the day such a notice is served, the application is deemed to have been refused, and the operator can appeal against this deemed refusal. If the operator does not treat non-determination in four months as a deemed refusal, the determination period simply continues until the authority reaches a decision.
If the District Council decides to refuse a permit, or if the applicant is dissatisfied with the conditions imposed, a business can appeal to the Government. The appeal is made to the Secretary of State. Appeals can be made in writing to:
The Planning Inspectorate
Environment Team, Major and Specialist Casework
Room 4/04 Kite Wing
Temple Quay House
2 The Square
Tel: 0117 372 8726
Fax: 0117 372 8139
Further information on appeals is available on the Planning Inspectorate website.
Full details of what information is required as part of an appeal can be found in the Defra General Guidance Manual on Policy and Procedures for A2 and B Installations.
If you wish to apply for a permit please contact the District Council using the details below. It is always advisable to discuss your application with the Pollution Control Officer in advance of any application. Some installations may require planning permission and it is recommended that the operator makes both applications in parallel whenever possible.
If you operate an existing installation with a Part B permit issued by Derbyshire Dales District Council, and wish to surrender your permit please use this form [PDF 61KB].
If you have recently purchased an installation that holds a Part B permit issued by us, or have undergone a change of ownership, please complete a transfer form [pdf 57kb].
If you wish to surrender your existing permit, please complete this form [PDF 50KB].