The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016

Amendment of Schedule 5 (environmental permits)

25.—(1) Part 1 of Schedule 5 is amended as follows.

(2) For paragraph 2(2) substitute—

“(2) An application under regulation 13(1) for the grant of an environmental permit for a flood risk activity referred to in paragraph 3(1)(a) to (c) of Part 1 of Schedule 23ZA must be accompanied by—

(a) a fee of £50 for each flood risk activity to which the application relates, unless the regulator has made a charging scheme under section 41 of the 1995 Act; or

(b) where the regulator has made such a charging scheme, the fee prescribed under that scheme.

(3) Any other application must be accompanied by any fee prescribed in a charging scheme made by the regulator under section 41 of the 1995 Act or by the appropriate authority under regulation 65.”.

(3) In paragraph 5(1)—

(a) omit the word “or” immediately preceding paragraph (d);

(b) at the end, add—

“; or

(e) a stand-alone flood risk activity—

(i) which is not likely to have a significant adverse effect on the environment; or

(ii) in respect of which public consultation has been carried out under another statutory requirement where that consultation addresses the potential environmental impact of the flood risk activity”.

(4) In paragraph 5(4)—

(a) omit the word “or” immediately preceding paragraph (d);

(b) at the end, add—

“; or

(e) a stand-alone flood risk activity—

(i) which is not likely to have a significant adverse effect on the environment; or

(ii) in respect of which public consultation has been carried out under another statutory requirement where that consultation addresses the potential environmental impact of the flood risk activity”.

(5) In paragraph 13(3), for “or stand-alone groundwater activity” substitute “, stand-alone groundwater activity or stand-alone flood risk activity”.

(6) In paragraph 14(1)(a), after “facility” insert “and, in the case of a permit authorising the carrying on of a flood risk activity (in whole or in part), to avoid any of the risks specified in sub-paragraph (3)”.

(7) After paragraph 14(2) add—

“(3) The risks specified in this sub-paragraph are—

(a) risk of flooding;

(b) risk of harm to the environment;

(c) risk of detrimental impact on drainage.”.

(8) After paragraph 15(3)(a) insert—

“(aa) in the case of an application for the grant or variation, in whole or in part, of an environmental permit relating to a stand-alone flood risk activity only, 2 months;”.

(9) After paragraph 16(3)(b) insert—

“(ba) a period of 20 days after the service of a notice under regulation 15(5);

(bb) where regulation 15(6) applies, a period beginning with the day on which the regulator informs the applicant of the proposed condition and ending when the regulator is satisfied that the landowner has consented to that condition;”.