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

The following Environment practice 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
  • Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019, SI 2019/39
  • Waste and Environmental Permitting Etc (Legislative Functions and Amendment Etc) (Eu Exit) Regulations 2020, SI 2020/1540
  • Environment (Misc amendments and Revocations) (EU Exit) Regulations 2019, SI 2019/559
  • Permit determinations
  • Public participation
  • Time limits for determinations
  • Determination by the Secretary of State or Welsh Ministers
  • Considerations
  • More...

Environmental Permitting Regulations 2016—permit determinations and appeals

Coronavirus (COVID-19): The Environment Agency (EA) has published a series of temporary COVID-19 Regulatory Position Statements (RPSs) to minimise risks to the environment and human health, where compliance with certain regulatory requirements is not possible due to COVID-19. COVID-19 RPSs have been issued in several sectors including waste management, water industry and agriculture. If the conditions of the COVID-19 RPS are complied with, then the EA will not normally take enforcement action. For more information on COVID-19 RPSs, see Q&A: What does coronavirus (COVID-19) mean for environmental compliance in areas such as environmental permitting?

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.

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