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STREAMLINING OF INDUSTRIAL AIR POLLUTION APPEALS SYSTEM

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Measures to speed up appeals under the Integrated Pollution Control ...
Measures to speed up appeals under the Integrated Pollution Control

(IPC) and Local Air Pollution Control (LAPC) regimes were unveiled

today. On 1 September 1997 the secretary of state for the environment, transport and the regions is to delegate his power to take decisions on appeals by firms operating IPC and LAPC processes to the Planning Inspectorate. This transfer should mean that decisions on these appeals will be quicker.

Until now such appeals have involved a report by an inspector followed by a separate decision by the secretary of state. From 1 September decisions will be taken by inspectors except in cases of major importance or difficulty where the secretary of state may recover the case to determine himself. The criteria for recovery will be:

Cases involving processes or sites of major importance

Cases giving rise to significant public controversy

Cases which raise significant legal difficulties

Cases which can only be decided in conjunction with other cases over

which Inspectors have no jurisdiction

Cases which raise major or novel issues of industrial pollution control which could set a policy precedent, for example cases involving the use of new techniques

Other cases which, exceptionally, merit recovery because of the

particular circumstances

The DETR has today issued revised guidance on Integrated Pollution

Control and Local Air Pollution Control appeals.

Notes

The delegation relates to appeals under s.15 of the Environmental

Protection Act 1990 against the actions of the Environment Agency

(IPC) and local authorities (LAPC). Under that section, operators

can appeal against refusal to grant or vary an authorisation,

conditions in an authorisation, notices revoking authorisations, and

enforcement, variation and prohibition notices.

The secretary of state will retain the decision-making power in

relation to appeals under s.22 of the 1990 Act, which relate to the

commercial confidentiality of information.

The Departments guidance on IPC and LAPC Appeals is entitled:

Environmental Protection Act 1990 Local Air Pollution Control (LAPC)/ Integrated Pollution Control (IPC) Appeals Guidance Note Number 1:

Section 15 Appeals

Copies are available, free of charge, from:

Ms Sam Dowling, IPC/LAPC Appeals Branch, Department of the

Environment, Transport and the Regions, Room B2/41, Romney House, 43

Marsham Street, London SW1P 3PY; or

The Planning Inspectorate, Environmental Pollution Appeals, Room

14/13 Tollgate House, Houlton Street, Bristol, BS2 9DJ.

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