The Council is responsible for issuing and enforcing environmental permits for certain industrial processes to ensure that they meet current emission limits and environmental standards.
You must have an environmental permit if you operate a regulated facility in England or Wales.
Pollution Prevention and Control (PPC) is a regulatory regime for controlling pollution from certain industrial activities. From 2008 it has been incorporated into the framework of the Environmental Permitting Regulations (EPR).
The industrial activities covered by the PPC element of the Environmental Permitting Regulations are very wide ranging and cover installations in the following industrial sectors:
- Combustion activities
- Gasification, liquefaction and refining activities
Production and processing of metals
- Ferrous metals
- Non-ferrous metals
- Surface treating metals and plastic materials
- Production of cement and lime
- Activities involving asbestos
- Manufacturing glass and glass fibre
- Production of other mineral fibres
- Ceramic production
The chemical industry
- Organic chemicals
- Inorganic chemicals
- Chemical fertiliser production
- Plant health products and biocides
- Pharmaceutical production
- Explosives production
- Manufacturing activities involving carbon disulphide or ammonia
- Storage of Chemicals in Bulk
- Disposal of waste by incineration
- Disposal of waste by landfill
- Disposal of waste other than by incineration or landfill
- Recovery of waste
- Production of fuel from waste
- Paper, pulp and board manufacturing activities
- Carbon activities
- Tar and bitumen activities
- Coating activities, printing and textile treatments
- The manufacture of dyestuffs, printing ink and coating materials
- Timber activities
- Activities involving rubber
- The treatment of animal and vegetable matter and food industries
- Intensive farming
- SED (Solvent Emission Directive) activities
The industrial activities caught by the PPC element of the Environmental Permitting Regulations are split into three categories and are regulated by two different regulators:
Part A(1) - The Environment Agency
The Environment Agency regulates what is considered to be the most polluting of the three industrial categories, A(1) activities' known as the IPPC. These are regulated for multimedia emissions such as air, land, water and other environmental considerations. For further information visit the Environment Agency website.
Part A(2) and Part B - Local Authorities
Local authorities regulate the comparatively less polluting Part A(2) activities (multi- media regulation such as air, land, water and other environmental considerations), known as LA-IPPC and the lesser polluting Part B activities (these are regulated for emissions to air only), known as LAPPC.
Operators of installations like those mentioned above must obtain a permit to operate from the Council. Permit applications must include a written description of the way in which pollution is to be minimised. Where a local authority decides to grant an installation permit, that permit must include conditions stipulating how pollution is to be minimised. Government guidance has been published as to the appropriate pollution standards for various types of installation. The law requires the standards to achieve a balance between protecting the environment and the cost of so doing. Gateshead Council is required to have regard to that guidance.
Operators can appeal where a permit application is refused or where it is granted but the operator disagrees with the conditions.
Once a permit is issued the operator must comply with the conditions.
Local authorities categorise installations according to the risk they represent (high, medium or low risk) based on the potential environmental impact in the event of an incident, and the effectiveness and reliability of the operator.
Where a business fails to comply with the Regulations, the Council has the power to serve various types of notice and the power to prosecute. Where possible, however, the Council will try to work with the operator to resolve problems.
Applications must be made on the form provided by the regulator, or online and must include specified information which will vary depending on the operation.
A fee is payable.
If further information is required the applicant will be notified by the regulator and they must provide this information or the application will be deemed to be withdrawn.
The application must be from the operator of the regulated facility.
For waste operations no licence will be granted unless any required planning permission had first been granted.
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.
Will tacit consent apply?
No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from the local authority within a reasonable period, please contact us.
Failed application redress
Please contact us in the first instance.
An applicant who is refused an environmental permit may appeal to the appropriate authority. In England the appropriate authority is the Secretary of State and in Wales are the Welsh Ministers. Appeals must be lodged no later than six months from the date of the decision.
License holder redress
Please contact us in the first instance.
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.
We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, the Citizens Advice Consumer Service will give you advice. From outside the UK contact the UK European Consumer Centre.
Compensation maybe payable in relation to conditions affecting certain interests in land.
We are required to maintain a public register containing information on all LA-IPPC and LAPPC installations and mobile plant they are responsible for.
Arrangements can be made to view the public register by contacting us.
Environmental Protection Team
Development and Public Protection
Development and Enterprise
0191 433 7007