Environmental permitting summary
The law places an emphasis on preventing or minimising emissions wherever achievable and ensuring that emissions occur in a controlled manner. Operators of certain industrial and agricultural processes must have a permit issued in accordance with the relevant legislation (see below).
The permits are issued either by the Council, or by the Environment Agency, depending on the type of process being applied for.
There are fees associated with the application, as well as a yearly subsistence charge. The fees are set by DEFRA, but are collected by the Council or the Environment Agency as applicable. Please see the fees section below for more information.
Regulation summary
Part 1 of the Environmental Protection Act 1990 gives local authorities and the Environment Agency regulatory control of emissions to air from a range of different industrial activities, known as 'prescribed processes'.
The Integrated Pollution Prevention and Control (IPPC) regime replaces the former Local Authority Pollution Control (LAPC) and Integrated Pollution Control (IPC) regimes, and is currently implemented by the Environmental Permitting (England and Wales) 2007 Regulations (EPR 2007) .
Under this legislation, there are three main classifications of process. Each classification defines both the regulator and the matters to be regulated:
• Part A1 processes - regulated by the Environment Agency;
• Part A2 processes - regulated by Local Authorities;
• Part B processes - regulated by Local Authorities.
Operators of prescribed processes are required to hold a permit in order to legally operate the process. The permit will contain enforceable conditions designed to control emissions to atmosphere and/or to prevent the operation of the process causing a nuisance to occupiers of other premises.
Part A1 and A2 processes will have permits covering the full scope of environmental emissions (including noise and energy efficiency), whereas Part B processes will have permits covering emissions to air only.
Public registers and associated information
Details of all part A1, A2 and B processes in the South Hams are kept on our public register. To arrange a viewing of this register, please contact us between the hours of 09.00 am and 5.00 pm, Monday to Friday.
The Environment Agency regulates the largest processes (A1). If you have any enquiries regarding their regulation of A1 processes please contact the Environment Agency Devon area office, either by telephone on 08708 506506 or via the Environment Agency website.
In addition to those processes currently regulated by South Hams District Council or the Environment Agency, processes that have at some time been permitted but have subsequently had the permit revoked are also held on the public register. For the majority, this is for the simple reason that the process has ceased to operate, or that operating parameters have fallen below that at which a permit is required - but this is not the case for all.
Application forms and associated documents
Please contact the Environmental Health Deparment if you require an application form. Hard copies of all completed application forms, including the relevant payment should be sent to South Hams District Council's Environmental Health Department (see contact details below).
Apply online (available from end of December 2009)
Part A2 processes
Apply for an environmental permit part A2
Part B processes
Apply for an environmental permit part B
Apply to change an environmental permit
Target completion time
All applications received for a permit to operate shall be processed in accordance with the timescales prescribed by the Environmental Permitting Regulations 2007 - please refer to Manual A of the General Guidance Manual for more detailed information.
Will tacit consent apply?
No. It is in the public interest that the authority must process your application before it can be granted. We will acknowledge your application on receipt. In the unlikely event that you have not heard from us at the end of the processing timescales identified above, please contact us.
Fees
Click here to view fees for licence applications
Contact details
Address
The Licensing Department
South Hams District Council
Follaton House
Plymouth Road
Totnes
Devon
TQ9 5NE
Tel: 01803 861234
Fax: 01803 861294
Email: licensing@southhams.gov.uk
Further information
The General Guidance Manual offers further guidance and information in relation to all aspects of the permitting process.
Process specific gudance notes offer detailed guidance on particular types of processes.
In addition to the above, the following websites contain related material:
DEFRA - pollution pages
Environment Agency - 'What's in your backyard?'
