Plans by the government to change the waste permitting regulations are likely to speed up the planning process for waste management facilities, according to an environmental law body.
Responding to a government consultation on Draft Environmental Permitting (England and Wales) (Amendment) Regulations 2013, which began in February, the UK Environmental Law Association (UKELA) backed the governments plans to change the permitting process for new waste facilities in a bid to reduce the administrative burden on businesses.
But, UKELA warned that proposals to change the period for environmental permitting appeals from six months to 28 days would result in a significant curtailment of appellants legal rights.
Key among the governments proposals are plans to remove the need for planning permission to be secured before an environmental permit can be awarded for a proposed waste management facility.
In its response to the call for evidence, UKELAs waste working party said the move could prevent duplication of effort by planners when assessing plans for new facilities.
The waste working party, which is made up of environmental lawyers, legal specialists from waste management firms and envrionmental consultants, is headed by Angus Evers, partner and head of at legal firm SJ Berwin LLP, who specialises in waste management law.
Response
In the consultation response, UKELA said: At present there can be some duplication of effort as the planners seek, for very sound reasons, to pre-empt the detailed assessment that would be undertaken later by the environmental regulators.
The group also commented that the changes are likely to speed up the planning process, as permit decisions could be made more quickly instead of being delayed by a planning decision that could go through an appeals process.
But it stressed that clear guidance of the roles of planning and environmental permitting responsibilities will be required, in order to avoid any potential repetition when submitting new plans for consideration.
On appeals, UKELA added that reducing the period of appeal from six months to 28 days, as had been suggested by Defra, could result in an increase in permit appeals that are submitted, as applicants will have less time to reach settlement before it is necessary to lodge an appeal.
Appeals
UKELA explained that some appeals require gathering of complex technical evidence, which is likely to be challenging for appellants in some cases, and could lead to appeals being lodged while the appellant considers if it is likely to proceed with the appeal.
The group said: The current time limits for EPR appeals to the Planning Inspectorate allow potential appellants and decision ample opportunity to negotiate before an appeal must be lodged and in practice many appeals are avoided because the potential appellant and the decision maker reach a settlement before it is necessary to lodge and appeal.
A 28 day period for bringing an appeal allows little opportunity for negotiation and UKELA believes that this would result in more appeals being lodged simply to protect appellants positions while negotiations with the decision-maker continue.
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The government consultation ended last week (April 4), with amended regulations scheduled to come into effect from October 2013.
The consultation is separate to that launched in February into the proposed Code of Practice for Materials Recycling Facilities (MRFs), which will require MRF operators to measure the quality of inputs and outputs from their facilities, which will also be delivered through changes to the Environmental Permitting Regulations (see letsrecycle.com story).
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