Local Authority Pollution Prevention and Control


Local Authority Pollution Prevention and Control

Local Authority Pollution Prevention and Control (LAPPC) is a legal framework for preventing and controlling pollution from certain industrial and commercial business activities.

For more information about LAPPC, call us on 02871365151, email [email protected] or write to:
Environmental Health Department
Derry City Council,
98 Strand Road,
Derry,
BT48 7NN

Permit Summary Derry City Council is responsible for regulating certain industrial activities (Part C processes) which emit certain substances to air. These industrial activities are prescribed under Schedule 1 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 (PPC (IE)) (PPC Regulations). An operator proposing to begin operation of a Part C activity must apply to Derry City Council for a ‘Permit’ to operate at least six months before the operation commences. If your operation is more polluting you may require a Part A or Part B permit. Part A and B permits are issued by the Northern Ireland Environment Agency.
Application Evaluation Process

Information on the application process can be found within the ‘General Guidance Manual’ on the DOE LAPPC website:

Guidance Manual for district councils and operators on permitting industrial installations under Local Air Pollution Prevention and Control

The Department of the Environment (DOE) has also issued specific process guidance notes on all processes/activities under District Council control. It is advisable that any potential operator wishing to submit an application for a permit familiarises him/herself with the guidance note applicable to his/her proposed installation.

Some applications may be subject to a consultation process when other Departments, Agencies and bodies (e.g. Public Health Agency, NIEA Biodiversity Unit) can comment. Applications for Permits (except in relation to mobile plant, petrol stations and dry cleaners) must also be advertised locally and full details (except information that is commercially confidential or would prejudice national security) must be made available so that the public can comment before the activity is permitted to start operating. Derry City Council must take into consideration all comments received as part of its decision making process. 


If the application satisfies the relevant criteria, Derry City Council will attach conditions to the permit which stipulates the use of ‘Best Available Techniques’ (BAT) to control emissions to air. The operator must comply with any conditions attached to the Permit.


A general description of what constitutes ‘BAT’ is available to look at in Part 9 of the ‘General Guidance Manual’. Each of the process guidance notes listed on the DOE website also represents ‘BAT’ for particular activities and installations.

Eligibility Criteria

Applications must be made either on a form provided by Derry City Council or online,
and must include specified information which will vary depending on the operation.

A permit will only be granted if an applicant can satisfy Derry City Council that the requirements of the Pollution Prevention and Control regime in terms of controlling emissions to air can be met and subsequently maintained.

If further information is required the applicant will be notified by Derry City Council and they must provide the information or the application will be deemed withdrawn.

The permit application must also be accompanied by an application fee which is specified on the appropriate application form. The amount of the fee depends on the business you have or intend to operate. Information on ‘Fees and charges’ can also be found at the bottom of the DOE Industrial Pollution webpage. Download fees and charges applicable to Part C installations. Once an activity has been permitted the operator shall also have to pay an ongoing annual subsistance fee.

Will Tacit Consent Apply Yes. If you have not heard from Derry City Council within a reasonable period, please contact the Environmental Health Department  by either calling us on 02871365151, email at  [email protected] or write to the:
Environmental Health Department
Derry City Council,
98 Strand Road,
Derry,
BT48 7NN
Apply Online

Click the following link to apply electronically for a LAPPC Permit

Application for a LAPPC Permit

The operator must also submit the appropriate fee to accompany this form (Summary of fees and charges applicable to Part C installations)

Contact the Derry City Council Pollution Team if you wish for a hard copy of the application form to be posted to your address.

Operator Responsibilities If Modifying their Activity or Process

An operator of an activity with an existing Permit must advise Derry City Council if there is a change in the nature or functioning or an extension of the installation or mobile plant which may have consequences for the environment.

If the change is deemed to be a ‘substantial change’ which may have negative effects on human health or the environment the operator must submit an application to vary/change his/her Permit.

Click the following link to apply electronically for a LAPPC Permit Variation

Application for Variation of Permit Conditions

The operator must also submit the appropriate fee to accompany this form (Summary of fees and charges applicable to Part C installations)

Contact the Derry City Council Environmental Protection Team if you wish for a hard copy of the application form to be posted to your address.

Operator Responsibilities If Intending to Transfer an Existing Permit to another Operator

PPC activities can change hands through the normal course of business transactions and an operator can transfer either the whole activity or part of that activity to another operator. When an operator wants to transfer all or part of a permit to someone else, the operator and the proposed transferee must make a joint application and pay a fee. (Summary of fees and charges applicable to Part C installations)

To download and print a transfer application form click on the following link.
Application to Transfer a Permit

Operator Responsibilities on Cessation of the Permitted activity

When an operator of an activity wishes to surrender their permit in whole or in part, they must notify Derry City Council.

To download and print a ‘Surrender’ Notification form click on the following link.
Notification of the Surrender of a Permit

Compliance Monitoring and Enforcement   Officers from the environmental protection team will carry out regular compliance
Inspections to ensure that installations are operated and managed in accordance
with the conditions of their permits. If non compliance with permit conditions is noted enforcement action shall be taken.
Failed Application Redress

Please contact Derry City Council, 98 Strand Rd, Derry, Northern Ireland, BT487NN. Tel: 02871365151 in the first instance.

You may appeal against a decision to the Planning Appeals Commission (PAC). Appeals must be made in writing and include the grounds for your appeal. The appeal for a failed application must be made within six months of the decision.

Permit Holder Redress/ Appeals Procedure against Specific
Conditions

Please contact Derry City Council, 98 Strand Rd, Derry, Northern Ireland, BT487NN. Tel: 02871365151 in the first instance.

Anyone who wants to appeal against the conditions attached to a permit can do so to the Planning Appeals Commission (PAC). Appeals must be made in accordance with the requirements of Regulation 31 and Schedule 15 of the PPC (IE) regulations.

An appeal brought under Regulation 31, paragraph (1) (C), (D) or (E) of the PPC (IE) regulations in relation to the conditions of a permit will not suspend the effect of the conditions appealed against.

In determining an appeal against one or more conditions, the regulations also allow the PAC, in addition to quash any of the other conditions not subject to the appeal and to instruct the Council to either vary any of these other conditions or to add new conditions to the permit.

The appeal time will vary dependent upon the type of appeal but for an appeal against a condition, or for the refusal of a variation or transfer for example, these appeals must be made within six months of the decision.

Assistance  If you require further assistance or guidance in completing an application please do not hesitate to contact the Derry City Council Environmental Protection Team on either 02871365151 or alternatively email [email protected] and a member of the team shall contact you.