The Environmental Permitting (England and Wales) Regulations 2010

PART 1 Interpretation

Interpretation: general

1.—(1) In this Schedule—

“authority” means—

(a)

an appropriate authority,

(b)

a planning authority;

“collection” has the meaning given in Article 1(g) of the Waste Framework Directive and excludes the disposal or recovery of the waste;

“collection point” means a place which is used for the collection of waste by an establishment or undertaking where the establishment or undertaking does not—

(a)

receive payment for collecting the waste, or

(b)

collect waste as its main business activity;

“development consent” means development consent under the Planning Act 2008(1);

“local planning authority” has the same meaning as in the Town and Country Planning Act 1990(2);

“mineral planning authority” has the same meaning as in section 1 of the Town and Country Planning Act 1990;

“place of production” means, in relation to any waste, the place where the waste was originally produced;

“plan making provisions” means—

(a)

paragraph 5 of Schedule 4 to the Waste Management Licensing Regulations 1994(3),

(b)

Part 2 of the Town and Country Planning Act 1990 insofar as it continues to have effect(4),

(c)

section 44A of the 1990 Act(5),

(d)

in relation to England, Parts 1 and 2 and Schedule 8 of the Planning and Compulsory Purchase Act 2004(6), and

(e)

in relation to Wales—

(i)

Part 6 of the Planning and Compulsory Purchase Act 2004,

(ii)

article 3(3) of the Planning and Compulsory Purchase Act 2004 (Commencement No. 6, Transitional Provisions and Savings) Order 2005(7);

“the planning Acts” means—

(a)

the Town and Country Planning Act 1990,

(b)

the Planning (Listed Buildings and Conservation Areas) Act 1990(8),

(c)

the Planning (Hazardous Substances) Act 1990(9),

(d)

the Planning (Consequential Provisions) Act 1990(10),

(e)

the Planning and Compulsory Purchase Act 2004, and

(f)

the Planning Act 2008;

“planning authority” means—

(a)

a local planning authority,

(b)

a joint committee constituted under section 29 of the Planning and Compulsory Purchase Act 2004,

(c)

a person appointed under paragraph 1 of Schedule 6 to the Town and Country Planning Act 1990(11),

(d)

a government department in respect of its functions under the planning Acts,

(e)

the Secretary of State in respect of the Secretary of State’s functions under the planning Acts, or

(f)

the Infrastructure Planning Commission established under section 1 of the Planning Act 2008;

“planning permission” has the meaning given in section 336 of the Town and Country Planning Act 1990(12);

“specified functions” has the meaning given in paragraph 2 of this Part; and

“waste management plan” means a plan or other expression of strategy or policy in relation to waste management made under the plan making provisions.

(2) For the purposes of this Schedule, a container, lagoon or other place is secure in relation to waste kept in it if—

(a) all reasonable precautions are taken to ensure that the waste cannot escape from it; and

(b) members of the public are unable to gain access to the waste.

Interpretation: specified functions

2.—(1) In this Schedule, “ specified functions” means the following functions—

(a) in the case of an appropriate authority, its functions under Part 2 of the Food and Environment Protection Act 1985(13);

(b) in the case of a planning authority—

(i) determining an application for planning permission under section 70 of the Town and Country Planning Act 1990,

(ii) determining an appeal made under section 78 of that Act(14) in relation to a determination under sub-paragraph (i),

(iii) deciding whether to take action under section 141(2) or (3) or 177(1)(a) or (b) of the Town and Country Planning Act 1990(15), or under section 35(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990,

(iv) deciding whether to direct under section 90(1), (2) or (2A) of the Town and Country Planning Act 1990(16) that planning permission must be deemed to be granted,

(v) deciding whether—

(aa) in making or confirming a discontinuance order, to include in the order any grant of planning permission, or

(bb) to confirm (with or without modifications) a discontinuance order insofar as it grants planning permission,

and for the purposes of this sub-paragraph, “discontinuance order” means an order under section 102 of the Town and Country Planning Act 1990 (including an order made under that section by virtue of section 104 of that Act), or under paragraph 1 of Schedule 9 to that Act (including an order made under that paragraph by virtue of paragraph 11 of that Schedule)(17),

(vi) making a local development order under section 61A of the Town and Country Planning Act 1990(18),

(vii) discharging functions under Part 2 of the Town and Country Planning Act 1990, under Parts 1 and 2 of and Schedule 8 to the Planning and Compulsory Purchase Act 2004 in relation to England or under Part 6 of and Schedule 8 to the Planning and Compulsory Purchase Act 2004 in relation to Wales,

(viii) deciding whether to—

(aa) make a development consent order under section 104 or 105 of the Planning Act 2008(19), or

(bb) make changes to, or revoke, such an order under section 153 of that Act, other than in accordance with paragraph 2 of Schedule 6 to that Act.

(2) But a function which must be discharged by statutory instrument is not a specified function.

(1)

2008 c. 29.

(2)

1990 c. 8. Section 1 was amended by the Local Government (Wales) Act 1994, section 18(3) and (4), c. 19.

(3)

S.I. 1994/1056, amended by S.I. 1995/288, 1995/1950, 1996/593, 1996/634, 1996/972, 1996/1279, 1997/2203, 1998/606, 1998/2746, 2000/1973, 2002/674, 2002/1087 (W. 114), 2002/1559, 2002/2980, 2003/595, 2003/780 (W. 91), 2003/2635, 2004/70 (W. 6), 2004/3276, 2005/894, 2005/1728, 2005/1806 (W. 138), 2005/2900, 2006/937, 2006/3315, 2007/1156 and 2007/2596.

(4)

Part 2 is repealed by the Planning and Compulsory Purchase Act 2004, section 120 and Schedule 9, but is saved for certain purposes in England by S.I. 2004/2202 and in Wales by S.I. 2005/2847 (W.118).

(5)

Section 44A was inserted by the Environment Act 1995 (c. 25), section 92(1).

(6)

2004 c. 5.

(7)

S.I. 2005/2847.

(8)

1990 c. 9.

(9)

1990 c. 10.

(10)

1990 c. 11.

(11)

Paragraph 1 was amended by the Planning and Compensation Act 1991 (c. 34), section 32.

(12)

The definition of “planning permission” in section 336 was amended by the Planning and Compensation Act 1991, sections 32 and 84(6) and Schedules 7 and 19.

(13)

1985 c. 48.

(14)

Section 78 was amended by the Planning and Compensation Act 1991 (c. 34), section 17(2) and the Planning and Compulsory Purchase Act 2004 (c. 5), sections 40(2)(e) and 43(2).

(15)

Section 177 was amended by the Planning and Compensation Act 1991 (c. 34), section 32 and Schedule 7.

(16)

Section 90(1) was amended by the Environment Act 1995 (c. 25), section 78 and Schedule 10; Section 90(2A) was inserted by the Transport and Works Act 1992 (c. 42), section 16(1).

(17)

Section 102 was amended by the Planning and Compensation Act 1991 (c. 34), section 32 and Schedule 7; section 102 and paragraph 1 of Schedule 9 were amended by section 21 of, and Schedule 1 to, that Act.

(18)

Section 61A was inserted by the Planning and Compulsory Purchase Act 2004 (c. 5), section 40(1).

(19)

2008 c. 29.