Guidance

How the Environment Agency responds to developments requiring planning permission and environmental permits

Updated 19 October 2026

1. Who this guidance is for and what it covers

This guidance is for those involved or interested in how the Environment Agency approaches developments requiring planning permission and environmental permits. For example, local planning authorities, applicants or developers.

It only relates to those facilities or activities that we regulate in England through the Environmental Permitting (England & Wales) Regulations 2016 (EPR) and other consenting regimes we are responsible for.

It describes the relationship between land-use planning and environmental permitting regimes, and how we respond to planning applications which may require an environmental permit (or permits).

It explains:

• the Environment Agency’s roles and responsibilities and the advice we will provide, including whether a permit (or permits) will be required for proposed development
• the 3 different positions we can take for applications requiring a permit
• when we would advise an applicant to use the pre-application services for planning and permitting applications
• when we recommend that applicants submit both a planning application and permit application at the same time, usually referred to as parallel tracking
• how to avoid causing adverse outcomes when proposing new developments near existing permitted facilities or activities

2. What the planning and permitting interface is

As an applicant, you may need both planning permission and a permit to develop and operate a facility or activity. You may also need other permissions or licences from us or other regulatory bodies (or both).

Policies and decisions relating to planning and permitting are made separately under different guidance. Planning focuses on whether a proposed development is an acceptable use of the land. Permitting determines if an operation can be constructed or managed on an ongoing basis to prevent or minimise environmental impacts.

Both regimes often interact and are considered in the decision making process of one another. This overlap is known as the planning and permitting interface.

The following examples describe when the planning and permitting interface can occur:

• new housing development close to a river that will need a permit for flood risk activity alongside the planning application
• the height of a chimney stack on a new factory building will be affected by permitting considerations to ensure the adequate dispersal of emissions to air, as well as landscape and visual considerations when it is considered through the planning process
• a caravan park requiring planning permission as well as a permit for the use of a non-mains drainage system

For further guidance on the planning and permitting interface in relation to the following, see the Planning practice guidance:

• air quality
• noise
• hazardous substances
• land affected by contamination
• minerals
• waste
• flood risk and coastal change
• water supply, wastewater and water quality

For guidance on groundwater, see our approach to groundwater protection.

2.1 How planning and permitting decisions differ

Opportunities for community engagement are a part of planning and some permitting decision making processes, but each is different.

Both planning and permitting decisions will take account of relevant environmental risks and impacts, for example flood risk and biodiversity. The specific level of detail and control required for each will be different.

The Environment Agency can grant a permit without planning permission being in place. The local planning authority can grant planning permission without a permit being granted. Both may grant or refuse decisions based on their respective legal requirements.

2.2 How policy affects planning and permitting decisions

National policies identify how planning policies and decisions must be based on whether a proposal is acceptable in a land-use context. Planning decisions should assume that permitting regimes operate effectively.

Harm to the environment or human health arising from a use of land will often be material considerations in determining planning applications. However, the weight that can be given to them will be affected by how much the effects can (and will) be controlled by other regulatory regimes.

National policy also recognises that planning policy and decisions should enable new development to integrate effectively with existing businesses and facilities.

Existing development must not have unreasonable restrictions placed upon it as a result of new development being granted. If operating an existing permitted business or facility would have a significant adverse effect on a new proposed development, the applicant should provide appropriate mitigation before completing the new development.

3. How we consider the planning and permitting interface in our response to planning consultations

In our initial response to planning consultations, we may identify issues relating to the permit where there is an interface with planning.

We may recommend that the applicant:

• uses our pre-application and other chargeable advice services – see section 5
• parallel tracks their planning and permit applications – see section 4

When responding to planning consultations for applications that require an environmental permit, we will take one of the following 3 positions in relation to permitting.

We also provide other planning-related advice within our remit.

3.1 Position 1: No major permitting concerns

We have not identified any major concerns about issuing a permit for the development based on the information submitted as part of the planning application.

We consider that risks to people, flood risk, land drainage and protection of the environment can be reduced satisfactorily using measures to avoid, prevent, minimise and control risk.

Our response will:

• outline which consents, licences and permits the applicant may need before the development can proceed or be brought into use
• indicate where to find further guidance

3.2 Position 2: More detailed consideration is required

We do not currently have enough information to know if the proposed development can meet its requirements to protect the environment and prevent or minimise the impacts of pollution.

We advise applicants to use our pre-application and other chargeable advice services available. We may recommend parallel tracking where appropriate.

To reduce the risks to people and the environment, and get a permit:

• the design or layout of either proposal (or both) may need to change
• the design should, where appropriate, include environmental control proposals which may need to be reassessed to ensure adequate environmental protection and reduce the impact of the development beyond normal standards
• applicants should provide further assessment, for example, detailed air dispersion modelling or a best available techniques (BAT) assessment

Our response will:

• outline which consents and permits the applicant may need before development can proceed or be brought into use
• if possible, identify how the application might be modified so it is more likely to get a permit
• identify the local risks that indicate more information or assessment is needed, where enough information is available
• advise that a permit is unlikely to be granted to the current proposal if significantly more information or change is needed to the planning application

To resolve complex issues, we will:

• provide opportunities for applicants to have pre-application discussions with developers, local planning authorities, the Planning Inspectorate and others
• recommend the use of the priority tracked service for large or complex projects, where appropriate
• recommend parallel tracking, if appropriate

3.3 Position 3: A permit is unlikely to be granted

We believe it is unlikely that the risks to people and the environment can be satisfactorily avoided or mitigated in the location for the proposal in its current form. A permit is unlikely to be issued.

Our response will:

• explain the risk posed by the development with evidence
• give applicants the chance to discuss and address the issues or advise on additional information requirements
• advise within the planning consultation response that we are unlikely to grant a permit
• support the local planning authority in the event of refusal of the application, for example at the appeal stage

4. When we recommend parallel tracking of applications

We recommend parallel tracking of planning and permit applications for:

• Nationally Significant Infrastructure Projects (NSIPs) proposals including novel technology where there is only limited or no understanding of BAT
• proposals for large complex developments, such as power stations
• proposals likely to affect a Habitat Regulations designated site – to allow enough time to address technical and conservation matters and provide a decision within the Development Consent Order (DCO) timeframe

Parallel tracking can help:

• developers be more certain about the result of planning and permitting applications
• reduce duplication
• avoid the potential need for amendments to the planning permission at the permit application stage
• ensure issues are identified and resolved, where possible, at the earliest possible stage

Our guidance for developers explains parallel tracking of planning and permit applications.

In some complex cases, we may be uncertain whether the planning proposal can satisfy the relevant permitting requirements. This may be due to the nature of the operation or its location. We can only provide more information once applicants have submitted a permit application.

To avoid delays in such circumstances, we will recommend that applicants parallel track planning and permit applications.

5. When we recommend the pre-application advice services

We may recommend that the applicant uses our optional pre-application advice services if:

• permitting issues are significant
• there could be potential refusal of a permit application
• more detailed consideration is required

We recommend that applicants start planning and permitting discussions with the local planning authority and the Environment Agency early in the development of the proposal.

Early engagement ensures applicants get the necessary information to produce high quality and complete planning or permit applications (or both), where such services are available. For example, it may provide information on whether design changes are needed to resolve our permitting concerns.

Early discussions may not eliminate all uncertainties, but it can help identify potential complex issues and avoid unnecessary costs and delays.

Some pre-application services may not always be available, for example in some circumstances relating to flood risk activity permits.

5.1 Planning pre-application advice

Applicants should approach us directly for our planning pre-application free (preliminary) and charged advice.

Our environmental advice for developers’ planning proposals explains how you can get planning and pre-application advice on:

• NSIPs
• planning applications
• permission in principle
• technical details consent

5.2 Permitting pre-application advice

Where development proposals are likely to require a permit, applicants should get pre-application permitting advice from us through our permitting service.

Applicants should seek pre-application advice at the outset of the project. This is to ensure they get the necessary information to produce high quality and complete permit applications, where such services are available. For example, it may provide information on whether design changes are needed to resolve our permitting concerns.

5.3 Priority tracked service

We recommend that applicants use our priority tracked service to co-ordinate pre-application advice and decisions for large or complex projects.

Applicants can use the priority tracked service if their project:

• relates to major infrastructure projects or complex housing developments
• requires multiple environmental permits or licences, or a combination of both

6. How we approach National Significant Infrastructure Projects (NSIPs)

The Planning Inspectorate defines what NSIPs are and the people and organisations involved in the process.

The approach to applying for a DCO is provided in the 2008 Planning Act. NSIP proposals are determined by the Secretary of State, based on the recommendation of the Planning Inspectorate, who will decide whether to grant a DCO for the development. The Environment Agency is a statutory consultee in the DCO determination process.

Certainty and timeliness are important in decision making for large scale developments and major infrastructure.

For NSIPs, we recommend that applicants engage early in permitting matters alongside a DCO application to help:

• identify potential complex issues
• minimise the risk of delay to permit decisions that could affect construction or operation

To read our guidance for NSIP developers, including disapplication and parallel-tracking, see Advice Note 11 (Annex D).