Environmental Permitting Regulations 2016—permit determinations and appeals
Produced in partnership with Craig Burman of Schofield Sweeney
Environmental Permitting Regulations 2016—permit determinations and appeals

The following Environment guidance note Produced in partnership with Craig Burman of Schofield Sweeney provides comprehensive and up to date legal information covering:

  • Environmental Permitting Regulations 2016—permit determinations and appeals
  • Brexit impact
  • Permit determinations
  • Appeals

This Practice Note considers the procedures that apply in determining whether to grant an environmental permit under Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 and the conditions that should apply. It also covers the procedure for making an appeal against a decision. For more information on the EPR 2016, see Practice Notes: Environmental Permitting Regulations 2016—permits, applications and exemptions and Environmental Permitting Regulations 2016—enforcement, offences and civil sanctions.

The EPR 2016 came into force on 1 January 2017 consolidating and revoking the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675, which had been amended on numerous occasions. The EPR 2016 is now the principle legislation governing the environmental permitting and compliance regime which applies to various activities and industries. All offences occurring on or after 1 January 2017 will be prosecuted under the EPR 2016.

Offences committed before 1 January 2017, will be prosecuted under the EPR 2010. The offences, maximum penalties and available sanctions are identical to those under EPR 2016.

Brexit impact

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content.

For further guidance, see