Pollution control

The law on statutory nuisance relates to the behaviour of a person on their property, which interferes with another person’s enjoyment of their property. Details are set out in part three of the Environmental Protection Act 1990. 
 
The act includes powers to deal with unreasonable noise, odour, smoke, accumulations and light from both neighbours and businesses. 

• Noise from construction and demolition sites are dealt with in a different way. Please see this webpage. 

• Odour from manure / biosolids spreading on agricultural land - Information sheet 

If you are concerned about statutory nuisance you can: 

 

• Talk to the person causing the problem as they may be unaware the behaviour is disturbing you. 

• Contact specialist officers at the council who can advise you and investigate the matter if necessary. 

• Odour from manure / biosolids spreading on agricultural land - Information sheet. 

 

Investigations into nuisances will assess: 

• how severe the problem is 

• how often it occurs 

• how long it lasts for 

You will be required to complete a log or diary for a minimum period of two weeks this will help demonstrate the frequency, duration and severity of the problem and how it is impacting on you. On receipt of your completed diary an officer will assess the diary to decide if the problem requires further investigation. If so, efforts will be made to try and obtain evidence of the existence of a nuisance. This may be by installing equipment to record the problem or by visiting your property to see it first-hand.  
 
This information will then be assessed to decide if the problem is serious enough and whether there is sufficient evidence to deal with the matter as a statutory nuisance. If so, the person responsible will be given a legal notice which requires them to stop or reduce the activity to a level where it does not cause a nuisance. This could be effective immediately or by a notice period. 
 
The person who receives the notice has a legal right to appeal against it. Therefore, officers need to be able to provide evidence in court, such as results of monitoring, log sheets or witness statements. 
 
In some cases, statutory nuisance is only one aspect of a problem that could include abusive, threatening or antisocial behaviour. Officers will still be able to give advice and investigate these matters as part of, or alongside, a nuisance investigation. 

The legislation allows the local authority to set out specific times for contractors to produce noise relating to construction or demolition. 
 
These may be stringent times or could allow for operations at agreed hours if it’s shown the works cannot be carried out at any other time and the minimum amount of noise disturbance will be created. 
 
An example of hours imposed could be: 

• Monday to Friday – 8am to 6pm 

• Saturdays – 8am to 1pm 

• Sundays/Public Holidays – prohibited 

In order to provide greater control of building work, contractors should contact us before carrying out construction, piling and demolition work to find out about possible restrictions and to agree on suitable conditions. 

 

• Please download and complete the prior consent application form and send here or contact us for further information. 

We have objectives in place to ensure the protection of public health and the environment. We also aim to increase public awareness of our pollution control service through advice, information, education and enforcement of legislation. We: 

• Fulfil the council’s statutory duties in relation to industrial pollution control under the Pollution Prevention and Control Act 1999 and associated Regulations. 

• Fulfil the council’s statutory duties in relation to contaminated land under Part II A of the Environmental Protection Act 1990 and associated regulations. 

• Fulfil the council’s statutory duties in relation to air quality management under Part IV of the Environment Act 1995 and associated regulations. 

• Respond to public complaints and other requests and investigating within service standards. 

• Work in partnership or in co-operation with the Environment Agency, Primary care trust, Defra, other departments and external agencies. 

• Act as a non-statutory consultee  for the council’s planning service. 

You will need to apply for approval of a chimney height if you intend to do any of the following: 

• construct a new chimney 

• increase the combustion space of an existing furnace 

• add a new furnace to an existing installation 

• change the fuel burnt in an existing furnace 

• replace a furnace with one having a larger combustion space 

 

And the furnace or boiler burns any of the following: 

• pulverised fuel 

• any other solid matter at a rate of 45.4 kilograms per hour or greater 

• any liquid or gaseous matter at a rate equivalent to 366.4 kilowatts or more 

 

A simplified guide is shown here. 
 
Please fill out the form below to provide information to us regarding the appliance to be installed: 
 
NCC Biomass Boiler Information Request Form - February 2019 (210kb)

• Useful Biomass Boiler/burner installation can be found on the Environment Protection UK website. 

• For more information on chimney height approval and the clean air act, please contact us here. 

A private water supply is not provided by a water supplier and may come from a source such as a:

• well
• borehole
• spring
• stream
• river
• lake
• pond

Mains-supplied water is treated to remove possible contamination, but most private water supplies are untreated. Therefore, it is essential the supply is maintained to minimise any risk to human health – whether the supply serves one property or many.

Northumberland has more than 1,000 private water supplies:

• about 40% serve only one property
• 40% serve more than one
• 20% serve a commercial activity such as a pub, hotel or B&B

You should know the following information about your water supply:

• Who is responsible for the upkeep and maintenance?
• Where is the source?
• How does it get to your property?
• Is it treated in any way?
• If so, is the equipment in good order and serviced regularly?
• Should you get your supply checked?

The council may monitor the supply for chemical and bacterial quality under the Private Water Supplies Regulations 2009. The number of consumers and whether it’s used for commercial or domestic purposes affects how often it is tested.

If you think your supply is not up to a satisfactory standard, and you are concerned the supply may be affecting your health, you can either:

• test it yourself at a private laboratory
• request the public protection service to test it for you

Please note that charges vary depending on the analysis carried out. Read our private water supply charges leaflet 2019/20 for more information.

• The Private Water Supplies (England) Regulations 2016
• Private Water Supply Charges Leaflet 2023/24

and items – particularly those containing carbon, such as: 

 

• plastics 

• tyres 

• foams 

• treated, impregnated and painted items (windows, doors) 

• glued and bonded items (particle board) 

• paints, resins and thinners 

• bituminous materials (roof felt, roof sealant)  

 

 

The creation of dark smoke from an industrial or trade premise is an offence under section 1 of the Clean Air Act 1993. A person found guilty shall be liable to a summary conviction and a fine of up to £20,000 for each offence. 
Locations where the creation of dark or black smoke may be an offence include: 

• any land which is owned by a business 

• compounds/offices/workshops used for operating a business 

• farms 

• demolition sites 

• a home address burning materials generated from work 

• a home address where a trade or business is operating at, such as a builder 

 

Any waste produced through normal business activity should be disposed of appropriately. Burning is not permitted and businesses that do so may be subject to investigation. 
 
If domestic chimneys/flues are producing dark smoke, this can also be an offence and if found guilty you could face a fine of £1,000. If a person is operating a boiler or industrial plant furnace, the fine could be up to £5,000. 
 
Dark smoke created by cable burning applies to any member of the public, not just industrial businesses. This is a specific offence under the Clean Air Act and is subject to a fine of up to £5,000 if convicted. 

• To report a smoke nuisance from a domestic property or non-dark smoke from an industrial or trade premises, please contact us here or: 

• If appropriate, we can take action for statutory nuisance. 

Local Authorities regulate emissions to air from certain prescribed processes under The Environmental Permitting (England and Wales) Regulations 2016, a responsibility initially introduced by The Pollution Prevention Act 1999.

The Council issues an environmental permit to the business operating the process, which contains conditions on how the business must be operated and control any emissions to air.

You must have an environmental permit if you operate a regulated facility in England or Wales. It is illegal to operate a prescribed process where an environmental permit would normally be required.

A regulated facility includes Part A(2) and Part B installations that are regulated by the Local Authority and Part A(1) installations that are regulated by the Environment Agency.

As a Local Authority, Northumberland County Council regulate Part A(2) and Part B installations, which are:

• Installations or mobile plant carrying out listed activities

Part A(2) and B regulated facilities include:

• Animal and Vegetable Processing – some food processing activities including rendering
• Combustion and Incineration – boiler, furnaces and gas turbine producing 20-50Mw thermal output, crematoria, incineration of waste, animal carcass incineration etc.
• Minerals – quarrying / surface coal mines, roadstone coating, storage of bulk cement, mobile crushing and screening, heavy clay and refractory products, manufacture of timber and wood products etc.
• Metals - foundries, processing and treatment of metals, galvanising etc.
• Organic Chemicals – fibre reinforced plastics
• Petroleum and Powder Coating - unloading of petrol into storage, and motor vehicle refuelling, at service stations, manufacture of coating powder, bitumen and tar processes etc..
• Solvents – coating of metals and plastics, respraying of road vehicles, rubber processes, printing flexible packaging, chemical treatment of wood, dry cleaning etc.

Further detailed descriptions of the listed activities can be found in Schedule 1 of The Environmental Permitting (England and Wales) Regulations 2016.

Part A(1) and A(2) permits control activities with a range of environmental impacts, including:

• Emissions to air, land and water
• Energy efficiency
• Waste reduction
• Raw materials consumption
• Noise, vibration and heat
• Accident prevention

Part B permits control activities which cause emissions to air.

Where a prescribed process operates within the bounds of the relevant guidance note then it is required by law to have an environmental permit issued by either the Local Authority of the Environment Agency.

If you require a permit from Northumberland County Council, you are advised to contact the Environmental Protection Team for an informal discussion before completing any application forms:

contacting us here

or by:

Email: public.protection@northumberland.gov.uk 

The permit your business requires depends on the specific processes involved and resulting emissions.
Permits for Part A(2) and B installations are issued by us. You can apply online or you can contact us and we will send you an application form.

Permits for Part A(1) installations are available from the Gov.uk: apply for an environmental permit. The A1 activities for which the Environment Agency is responsible for regulating are detailed in Schedule 1 of the Environmental Protection (England and Wales) Regulations 2010 (As Amended) for issuing permits for the following activities:

• Waste operations carried out at Part B installations
• Waste operations or waste mobile plant carried on other than at an installation, or by Part A or Part B mobile plants.
• Mining waste operations

 

You can apply online through the government Business Link website for a permit: 

 

• Apply for a B or Part A2 environmental permit. 

• Tell us about a change to your existing circumstances. 

We may inform the public of the application and must consider any representations. 

 

We aim to process an application (in terms of ensuring it is duly made) within 14 days of receipt. We aim to issue your permit(s) as soon as practically possible but in any case, within three or four months of a correctly made application (depending on type). 

 

Local Authority regulated installations includes Part A(2) and Part B installations. The Environment Agency issues Environmental permits for A1 installations (See more below).  

 

Northumberland County Council regulated installations include: 

• Mobile plant (carrying out prescribed activities) 

• Animal and Vegetable Processing – some food processing activities including rendering. 

• Combustion and Incineration – boiler, furnaces and gas turbine producing 20-50Mw thermal output, crematoria, incineration of waste, animal carcass incineration etc. 

• Minerals – quarrying / surface coal mines, roadstone coating, storage of bulk cement, mobile crushing and screening, heavy clay and refractory products, manufacture of timber and wood products etc. 

• Metals - foundries, processing and treatment of metals, galvanising etc. 

• Organic Chemicals – fibre reinforced plastics. 

• Petroleum - unloading of petrol into storage, and motor vehicle refuelling, at service stations, Powder Coating - manufacture of coating powder, bitumen and tar processes etc. 

• Solvents – coating of metals and plastics, respraying of road vehicles, rubber processes, printing flexible packaging, chemical treatment of wood, dry cleaning etc. 

 

Further detailed descriptions of the listed activities can be found in Schedule 1 of The Environmental Permitting (England and Wales) Regulations 2016. 
 
Part A(2) permits control activities with a range of environmental impacts, including: 

• Emissions to air, land and water 

• Energy efficiency 

• Waste reduction 

• Raw materials consumption 

• Noise and vibration 

• Odour 

• Accident prevention 

• Training 

• Management and Auditing 

Part B permits control activities which cause emissions to air.

 

Applications for Environmental permits must be made by the Operator of the regulated installation or their Agent. 

 

Waste Applications must be made to The Environment Agency. https://www.gov.uk/government/organisations/environment-agency#org-contacts 

These are set annually by DEFRA for applying for a permit, transfer or surrender, substantial change and annual subsistence. 
 
Annual subsistence fees are required to maintain the permit and regulate the installation. They are due on 1 April each year. You will be sent an invoice for subsistence fees once you have been issued with a permit. 
 
If an perator is found to be operating without a permit, legal action as well as additional fees will be incurred. Currently (2023) the charges are; 

Part A2 and B - £1188 

Reduced fee installations - £71 

 

The application forms require that you provide detailed information regarding your activities. Please ensure that this is given in sufficient detail. Where indicated on the form, it is acceptable for the information needed to be attached to your application as separate documents. If you choose to do this, you must ensure that the attachments and application form are clearly referenced.

Please note, that with all types of application, certain information is to be supplied as separate attachments as a matter of course. This information generally relates to any relevant additional information, site maps and plans etc..

We will pay regard to the protection of the environment taken as a whole by, in particular, preventing or, where that is not practicable, reducing emissions into the air, water and land.

We may inform the public of the application and must consider any representations.

We must be satisfied that the application is from the operator of the regulated facility and that the installation will be operated in accordance with the environmental permit.

If we need information from you that has not been provided, we will contact you to let you know. If this information is not then given to us within a reasonable time, the application will be deemed to be withdrawn. In such circumstances, the application fee will be returned to you along with any non-electronic documents you have given us.

It is in the public interest that we process your application before it can be granted. This means that you cannot assume your permit is granted just because you have not heard from us. Please contact us if you have not heard from us within 14 days of your application being submitted.

We aim to process an application (in terms of ensuring it is duly made) within 14 days of receipt. We aim to issue your permit(s) as soon as practically possible but in any case, within three or four months of a correctly made application (depending on type).

Please contact us in the first instance.

An applicant who is refused an environmental permit may appeal to the Secretary of State. Appeals must be lodged no later than six months from the date of our decision. Completed appeals should be made to:

Environment Appeals Team
The Planning Inspectorate
Room 3/25 Hawk Wing
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6EA

Tel: 0303 444 5584

e-mail: environment.appeals@pins.gsi.gov.uk

Appeal documents can be downloaded from:

https://www.gov.uk/government/publications/environmental-permit-appeal-form

We request that you contact us with any grievance concerning your permit.

If an application to vary, transfer or surrender an environmental permit has been refused or if the applicant objects to conditions imposed on the environmental permit they may appeal to the Secretary of State.

Appeals must be lodged in relation to a regulator initiated variation, a suspension notice or an enforcement notice, not later than two months from the date of the variation or notice and in any other case not later than six months from the date of the decision.

Once permitted, an installation or process requires regular inspection by officers from the Environmental Protection Team. The frequency of inspection partly depends upon the type of installation or process permitted but is also dependent upon the risk rating determined from the inspection. 
 
An installation or process is rated as HIGH, MEDIUM or LOW. 
 
The risk rating is mostly influenced by how well the Operator of the installation or process complies with the conditions in the permit. The risk rating is determined at the time of the inspection and applies to the following year and affects the amount of annual subsistence paid. 

Payments are due on 1 April each year. 
 
A list of the current fees and charges for Part A (2) installations and small waste incineration plants is available by clicking here. 
 
A list of the current fees and charges for Part B installations and mobile plant and solvent emission activities is available by clicking here. 
 
Late Payment fees of £52 are due if invoices are not paid within 8 weeks. 

Where a prescribed processes has a threshold for requiring a permit and the business has fallen below that threshold, but the operator wishes to retain their permit then they can apply to “mothball” it. 
 
Where acceptance of an application for declaration of reduced operation has been granted by the Environmental Protection Team, the Operator of the regulated installation is entitled to a reduced annual subsistence charge of 40% of the full charge that is applicable for the financial year. 
 
However, where the declaration of reduced operation no longer applies within the first twelve months from when the application is received the company must retrospectively pay the full subsistence charge that would have been payable plus a £50 administration fee. 

Enforcement - General 
 
In order to achieve and maintain consistency, decisions about enforcement action will be taken having regard to the following legislation and guidance: 

• The Environmental Permitting (England and Wales) Regulations 2016 

• DEFRA Environmental Permitting General Guidance Manual on Policy and Procedures for A2 and B Installations 

• The Secretary of State’s Process Guidance Notes 

• Regulators’ Compliance Code 

• Code for Crown Prosecutors 

• Northumberland County Council Enforcement Policy 

 

Unregulated Facilities 
 
The council will actively seek operators of unregulated activities in order to ensure compliance with the Permitting Regulations. The responsibility for having the necessary permits and licenses to legally operate a business rests with the operator. 
 
The environmental protection team may request information by formal notice at any time to clarify whether any installation or process is operating in contravention of the Regulations.  

If the operator refuses either to provide the requested information, or to apply for a permit, then legal sanctions are available.  
 
The submission of requested information or a permit application does not preclude the Council from taking formal action against negligent operators, particularly if harm to human health or the environment is being caused. 

 

• Defra webpages about the environmental permitting regime  

We request that you contact us with any grievance concerning your permit. 

 An applicant who is refused an environmental permit may appeal to the Secretary of State. Appeals must be lodged no later than six months from the date of our decision. Completed appeals should be made to: 
 
Environment Appeals Team 
The Planning Inspectorate 
Room 3/25 Hawk Wing 
Temple Quay House 
2 The Square 
Temple Quay 
Bristol 
BS1 6EA 
 
Tel: 0303 444 5584 
 
e-mail: environment.appeals@pins.gsi.gov.uk 
 
Appeal documents can be downloaded from: 
 https://www.gov.uk/government/publications/environmental-permit-appeal-form 

If an application to vary, transfer or surrender an environmental permit has been refused or if the applicant objects to conditions imposed on the environmental permit they may appeal to the Secretary of State. 
 
Appeals must be lodged in relation to a regulator-initiated variation, a suspension notice or an enforcement notice, not later than two months from the date of the variation or notice and in any other case not later than six months from the date of the decision. 

If you wish to operate a mobile crusher within Northumberland and it was originally permitted elsewhere, you must contact us with the following information before use: 

• your company name 

• head office/base address 

• telephone 

• e-mail 

• approximate start and end dates of operation 

• location - try to be as precise a possible 

• local authority who issued your permit – this should be clearly stated on your permit 

• permit reference number – displayed on your permit 

Email: public.protection@northumberland.gov.uk 
Phone: 01670 623870 
Fax: 01670 626059