Send environmental permit application information in stages
How to request a longer timetable for the Environment Agency to assess if your proposal can be ‘duly made’.
Applies to England
This guidance applies to installations, waste, water discharge and groundwater activities.
Type of application
You can ask the Environment Agency if you can submit application information in stages if your proposal is either or both:
- complex
- a novel technology
For example:
- not all the information is available yet
- development will take place in phases (design and construction), such as over 12 months or more
- timescales are affected by other authorisations, for example planning permission, development consent order for national significant infrastructure
Request a staged application
To request a staged application:
- contact the pre-application advice service
- complete the form and request enhanced (paid for) advice about submitting application information in stages
- provide a summary of your proposals and explain why you want to use the staged approach
- set out your proposed timetable giving the dates of when you will submit each piece of information
Agree the timetable and costs
The Environment Agency will:
- assess your proposed timetable
- discuss any questions
- either agree the timetable or explain why they cannot proceed with the staged approach
- provide an estimate of their charges for the proposed assessments
The Environment Agency will base their costs on:
- time and materials charges of £100 an hour
- relevant additional charges as set out in Part 2 section 10 and Table 1.19 in the charging scheme
If you can, you should:
- provide your non-technical summary and environmental risk assessment as early as possible
- group relevant information together so the Environment Agency has enough information to assess it adequately
You must keep to the timetable and pay the charges promptly.
Sending information
You must:
- send information on the dates in the agreed timetable
- respond to requests for further information by the deadline
The Environment Agency can review the information as it becomes available and identify where more information is needed so you can produce a complete application.
If you need to change the timetable you must get the Environment Agency’s agreement to do so.
The Environment Agency’s preliminary view on documents given ahead of the duly made stage is not a final decision on whether they find the proposal acceptable. They still have to complete their formal assessment (known as the determination process), including any required consultations.
The Environment Agency will return the application if you do not meet the deadlines in the timetable.
Paying
You will receive invoices regularly and must pay them by the date stated. If you do not the Environment Agency will return the application.
The Environment Agency will send you an estimate of costs for each stage.
If you withdraw your proposal you must still pay any charges for work done.
Confidentiality
The Environment Agency do not normally make decisions about whether information is confidential until the application is duly made.
However, if they receive a freedom of information or Environmental Information Regulations request about a staged application before it is duly made they can:
- choose how they share non-confidential information
- ask you for reasons why information or aspects of the information is confidential
Sharing information
The Environment Agency will only share information with interested parties before the duly made stage if it’s appropriate to do so. For example, where their advice or views will help the assessment progress.
For applications of high public interest, the Environment Agency will be transparent about receiving the application. They will carry out public engagement in line with public participation requirements. For example, they may choose to share information before or after the duly made stage. The Environment Agency will hold a public consultation once the complete application is duly made.
Does not make duly made stage
When you submit the information for the final stage the Environment Agency will assess if they can make the application ‘duly made’. They may:
- request more information
- return the application
The Environment Agency may return the application before the final stage if they consider enough information for a duly made application is unlikely to be available.
You must pay any outstanding charges for the work done on your application.