Permitting delays at the Environment Agency                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          

The EA’s National Permitting Service has experienced significant and increasing delays in processing and granting bespoke permits over the last couple of years; leaving customers at risk of rising project costs and potential  investors losing confidence in future projects.

Here, our Compliance Manager Andrew Greenwood, explores this mounting issue – the possible causes and what, as an NPS customer, you could do should your permit be delayed.

In the wake of the COVID-19 pandemic in 2020, the Environment Agency (EA) faced disruptions to its operations due to remote working guidelines, leading to substantial delays in the National Permitting Service (NPS). By 2022, certain businesses experienced waiting times of up to 20 months for bespoke permits. As we close another year and embark on another, the question looms: has the EA successfully rectified the issues within the National Permitting Service, aligning it with the EA's Customer Commitment Standard (CCS)?

The CCS, as outlined on the government website, sets out the EA's commitment to its customers, their expectations about service standards and customer service promises. For those applying for an environmental permit, the first bullet point of the CCS is a useful point of reference as it highlights the EA's pledge to provide an efficient and high-quality service.

Here at PWCL we specialize in the project management of renewable energy construction projects such as anaerobic digestion, and we’re also a customer of the NPS.

Renewable energy projects such as anaerobic digestion plants are part of the wider government aim of achieving Net Zero carbon emissions by 2050 and its vital investment in renewable energy projects is forthcoming if we’re going to have a chance of meeting that timescale.

While the EA's turnaround times for permit application allocations have generally improved post-pandemic, our experience raises doubts about the efficiency and quality of the National Permitting Service from a customer perspective.

In 2022, the EA took 16 weeks to allocate one of our bespoke medium combustion plant permit applications, surpassing their estimated 12-14 week timeframe.

A bespoke discharge permit application we submitted to the NPS in June has yet to be allocated to an officer, a delay of over 26 weeks with no indication of resolution. Additionally, the local Land and Water team has informed us they lack the resources to make a discharge decision under a local enforcement position.

Consequently, our client is contemplating the costly option of transporting significant volumes of liquid off-site for treatment. The uncertainty surrounding the EA's timeline for allocating the discharge permit application puts our client at risk of incurring months of additional expenses. These unforeseen costs, stemming partly from the National Permitting Service's underperformance, have the potential to discourage investments in renewable energy projects which require environmental permits to operate.

The solution for the EA appears to be simple.  Listen to your customers and invest in the NPS so they can meet the needs of their customers and the environment.  Unfortunately, the EA either hasn't been listening or they just can’t secure the resources they need from the government – where we think the latter is most likely.  

So what’s next for applicants grappling with a similar challenge? One answer could be to make yourself heard by following these steps.

• If your permit application pertains to national infrastructure, ensure that the EA is aware of its significance.

• Monitor the estimated allocation timescale provided by the EA upon application submission.

• Should this timeframe elapse without progress, promptly contact the National Permitting Service for an update. If the EA cannot provide a definitive timeline, consider lodging a formal complaint.

• If the EA's complaints process does not yield a satisfactory resolution, escalate the matter to the Ombudsman for further intervention.

One thing is for sure.  If we don’t press for a better service from NPS, we’re unlikely to get one.