The Environmental Permitting (England and Wales) Regulations 2010

Regulation 35(2)(c)

SCHEDULE 9E+W+SWaste operations

This schedule has no associated Explanatory Memorandum

ApplicationE+W+S

1.  This Schedule applies in relation to every waste operation.

InterpretationE+W+S

2.  In this Schedule—

“disposal” has the same meaning as in the Waste Framework Directive and related terms are to be construed accordingly; and

“recovery” has the same meaning as in the Waste Framework Directive and related terms are to be construed accordingly.

Grant of an environmental permit for a relevant waste operation: requirement for prior planning permissionE+W+S

3.—(1) Following an application under regulation 13(1), the regulator must not grant an environmental permit that relates to a relevant waste operation if—

(a)use of the site for carrying on the relevant waste operation requires planning permission or development consent under the Planning Act 2008 M1; and

(b)no such permission or consent is in force.

(2) In this paragraph—

“planning permission” means planning permission under the Town and Country Planning Act 1990 M2 and includes—

(a)

a certificate under section 191 of that Act M3, and

(b)

an established use certificate under section 192 of that Act, as originally enacted, which continues to have effect for the purposes of subsection (4) of that section; and

“relevant waste operation” means—

(a)

a waste operation that is not carried on at an installation or by means of Part A mobile plant or Part B mobile plant, or

(b)

a specified waste management activity.

(3) In sub-paragraph (2)(b), “specified waste management activity” means one of the following activities—

(a)the disposal of waste in a landfill falling within Section 5.2 of Part 2 of Schedule 1;

(b)the disposal of waste falling within Section 5.3 of Part 2 of Schedule 1;

(c)the recovery of waste falling within Part A(1)(c)(i), (ii), (v) or (vii) of Section 5.4 of Part 2 of Schedule 1.

(4) But “specified waste management activity” does not include any activity specified in sub-paragraph (3)(b) or (c) if that activity—

(a)is carried on at the same installation as a Part A(1) activity not specified in sub-paragraph (3); and

(b)is not the activity which constitutes the primary purpose for operating the installation.

Marginal Citations

M3Section 191 was substituted by the Planning and Compensation Act 1991 (c. 34), section 10(1).

Exercise of relevant functionsE+W+S

[F14.—(1) The regulator must exercise its relevant functions—

(a)for the purposes of ensuring that—

(i)the waste hierarchy referred to in Article 4 of the Waste Framework Directive is applied to the generation of waste by a waste operation;

(ii)waste generated by a waste operation is treated in accordance with Article 4 of the Waste Framework Directive;

(b)for the purposes of implementing Article 13 of the Waste Framework Directive, but not in respect of nuisances and hazards arising from traffic beyond the site of a waste operation;

(c)so as to ensure that the requirements in the second paragraph of Article 23(1) of the Waste Framework Directive are met;

(d)so as to ensure compliance with the following Articles of the Waste Framework Directive—

(i)Article 18(2)(b) and (c);

(ii)Article 23(3);

(iii)Article 23(4);

(iv)Article 35(1).

(2) But the following duties take effect in relation to an environmental permit which is in force on the date of coming into force of the Waste (England and Wales) Regulations 2011 on the first review of the permit by the regulator (under regulation 34(1)) after that date—

(a)the duty in paragraphs (1)(a), (1)(d)(i) and (1)(d)(iii);

(b)the duty in paragraph (1)(c), to the extent that it is imposed in relation to Article 23(1)(e) and (f).]

Textual Amendments

Exercise of relevant functions: disposal of wasteE+W+S

F25.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments