• Planning and pollution control authorities are expected to work closely to ensure integrated and timely decisions under the complementary regimes. WDAs and/or their contractors should consider parallel submissions of applications. Box 33 of the PPS 10 Companion Guide outlines how to identify the right pollution control authority.
• Simplified stages and indicative timetable for submitting a planning application and applying for a PPC permit or WML are shown in the Table 2.
Table 2: Timescales (which are not necessarily cumulative and activities may overlap) involved in the submission and determination of planning applications, pollution prevention control permits and waste management licences7
Planning Application | |||
Activity | Indicative Timing | Activity | Indicative Timing |
Collection of baseline data to support planning application and ES (if required). Preparation of draft proposals to include design of building, traffic movements, operational hours etc. Screening opinion required to establish if an EIA and/or TIA is required. If 'yes', a scoping meeting to be held to scope EIA/TIA. | Depending upon data required this could take 12 months. In exceptional circumstances the collection of data could take longer | Preparatory work: • Pre- application discussions • Necessary surveys or investigations • Prepare application | 3-12 months prior to application submission and depending on nature of application and the location of the proposed facility. |
Pre-application discussions to be undertaken to ensure that the application is complete and addresses all relevant issues. Undertake pre-application community consultation if appropriate. | This could be between 3-12 months depending upon the quality of preparation undertaken by developers and the complexity of issues potentially raised by the proposal. |
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Preparation and submission of application | The authority will seek to determine within its specified targets in its charter (or equivalent). Central government guidance is that a major application with an ES should be determined within 16 weeks. Delays do occur and may result from statutory consultees not responding within the specified timeframe (21 days) or because of the large amount of public opposition to the proposal, the need to negotiate a legal agreement or planning conditions, or the need for additional data to be collected. | Application submitted | Regulator has 4 months to determine application including: • Consultation with statutory consultees • Advertisement for PPC applications In practice determination times are often extended beyond 4 months |
On Once the planning officer is satisfied that all information has been gathered and negotiations completed the committee report is written and presented. If recommended for approval it may be subject to legal agreement. To reduce delays in signing such agreements, the developer should agree where possible to the terms of the agreement prior to the committee meeting. This assists the council's legal staff in accelerating the process. | Committee cycles may be every month or every 6 weeks depending upon the authority. In the event the proposal is deferred, pending further information, it will be brought back to committee at the earliest opportunity. If the application is approved and is not subject to a legal agreement and all conditions have been agreed, and provided it does not represent a departure from the development plan, the certificate will be issued within a certain number of days after the meeting. A legal agreement can cause delay in the issuing of the permission of several months or more. | Application determined | If application is refused, applicant has 6 months to appeal against refusal. Appeals to Secretary of State for Environment and Rural Affairs. |
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6 At the time of writing it is anticipated that the separate PPC and WML regimes will be simplified into a single environmental permit. The new environmental permitting system is expected to be in place by April 2008.
7 There is a prior planning requirement in place for waste management activities permitted under the Waste Management Licensing Regulation 1994 and for some, but not all, waste management activities regulated under the Pollution Prevention and Control Regulations 2000. Where it applies, the prior planning requirement means that before the pollution control permit can be granted, a planning permission needs to be in place where one is needed. Power stations with a capacity over 50MW require consent under Section 36 of the Electricity Act 1989. This is obtained from the Secretary of State for the Department for Business, Enterprise & Regulatory Reform. The Secretary of State would normally grant deemed planning permission for the development as part of that process. EfW proposals with a capacity over 50MW would similarly fall to be determined by the Secretary of State through the Section 36 process. (Note however that such developments would be covered by the new proposals in the Planning White Paper as nationally significant infrastructure projects).