Decision

The Environmental Protection (England) (Extension of Limited Lifetime Derogation End Date No. 2) (Hatton) Direction 2024 [accessible version]

Published 27 September 2024

Applies to England

© Crown copyright 2024

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/the-environmental-protection-england-extension-of-limited-lifetime-derogation-end-date-no-2-hatton-direction-2024/the-environmental-protection-england-extension-of-limited-lifetime-derogation-end-date-no-2-hatton-direction-2024-accessible-version

The Environmental Permitting (England and Wales) Regulations 2016

The Environmental Protection (England) (Extension of Limited Lifetime Derogation End Date No. 2) (Hatton) Direction 2024

The Secretary of State, in exercise of powers conferred by regulation 62(1) and (2) of the Environmental Permitting (England and Wales) Regulations 2016 gives the following Direction –

1. Citation, commencement and application

(1)  This Direction may be cited as the Environmental Protection (England) (Extension of Limited Lifetime Derogation End Date No. 2) (Hatton) Direction 2024 and shall come into force on 1 October 2024.

(2)  This Direction immediately follows the Environmental Protection (England) (Extension of Limited Lifetime Derogation End Date) (Hatton) Direction 2023.

(3)  This Direction applies to England only.

2. Interpretation

In this Direction –

“the 2016 Regulations” means the Environmental Permitting (England and Wales) Regulations 2016 [footnote 1];

“the 2023 Direction” means the Environmental Protection (England) (Extension of Limited Lifetime Derogation End Date) (Hatton) Direction 2023;

“the Agency” means the Environment Agency as in regulation 2 of the 2016 Regulations;

“the Directive” means the Industrial Emissions Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) as read in accordance with paragraph 6 of Schedule 1A to the 2016 Regulations;

“approval” means approval of the Secretary of State;

“Hatton” means the back-up gas turbine compression units known as Hatton Compressor Station Cab B, and Hatton Compressor Station Cab C;

“operates” means the running of either or both of the back-up gas turbine compression units comprising Hatton;

“permit holder” means the holder of a permit numbered UP3333LL for Hatton granted under the 2016 Regulations for the purpose of operating gas compression units which are subject to a limited lifetime derogation pursuant to Article 33 of the Directive.

3. Limited lifetime further derogation extension

Without prejudice to any other permit conditions to which the permit holder is subject, and in view of unexpected delays requiring this further derogation extension beyond the 2023 Direction, the Secretary of State directs the Agency to refrain from taking enforcement action against the permit holder without first seeking approval where –

(a)  the permit holder operates Hatton after 30 September 2024 in breach of a permit condition designed to ensure compliance with Article 33(1) of the Directive by requiring the operation of Hatton to have ended by 31 December 2023; and

(b)  that breach occurs on or before 31 March 2026.


Signed by authority of the Secretary of State for Environment Food and Rural Affairs.

Name: Jonathan Robinson
Position: Deputy Head, Air Quality and Industrial Emissions
Date: 26 September 2024

  1. S.I. 2016/1154. ↩

Back to top