{
  "url": "https://openlegislation.uk/draft-environmental-permitting-england-and-wales-regulations-2007/schedule-5/paragraph-5",
  "json_url": "https://openlegislation.uk/draft-environmental-permitting-england-and-wales-regulations-2007/schedule-5/paragraph-5.json",
  "legislation": "ukdsi/2007/9780110788760",
  "legislation_title": "The Environmental Permitting (England and Wales) Regulations 2007",
  "legislation_url": "https://openlegislation.uk/draft-environmental-permitting-england-and-wales-regulations-2007",
  "path": "schedule/5/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Public participation: scope",
  "text": "(1) Paragraph 6 applies to every application for the grant of an environmental permit except an application in relation to—\n(a) mobile plant; or\n(b) a standard facility, unless the facility is a Part A installation.\n(2) Paragraph 6 applies to every application to vary an environmental permit if—\n(a) it would entail a substantial change; or\n(b) the regulator determines that the paragraph should apply.\n(3) Paragraph 8 applies to every regulator initiated variation if—\n(a) it would entail a substantial change; or\n(b) the regulator determines that the paragraph should apply.\n(4) But, paragraphs 6 and 8 do not apply to the extent that the application or regulator initiated variation relates to—\n(a) the burning of waste oil in an appliance with a rated thermal input of less than 0.4 megawatts;\n(b) dry cleaning;\n(c) the unloading of petrol into stationary storage tanks at a service station if it is an activity within paragraph (d) of Part B of Section 1.2 of Part 2 of Schedule 1; or\n(d) any motor vehicle refuelling activity within paragraph (e) or (f) of Part B of Section 1.2 of Part 2 of Schedule 1.\n(5) In this paragraph—\n“change in operation” means a change in the nature or functioning, or an extension, of an installation, which may have consequences for the environment;\n“co-incineration plant” has the meaning given in Section 5.1 of Part 2 of Schedule 1;\n“dry cleaning” has the meaning given in Part B of Section 7 of Part 2 of Schedule 1;\n“incineration plant” has the meaning given in Section 5.1 of Part 2 of Schedule 1;\n“substantial change” means a change in operation of an installation which in the regulator’s opinion may have significant negative effects on human beings or the environment and includes—\n(a) in relation to a Part A installation, a change in operation which in itself meets the thresholds, if any, set out in Part 2 of Schedule 1, and\n(b) in relation to an incineration plant or co-incineration plant for non-hazardous waste, a change in operation which would involve the incineration or co-incineration of hazardous waste.\n(6) When assessing whether a change in operation of a Part B installation has significant effects on the environment, the regulator must consider only its emissions to air.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2007/9780110788760/schedule/5/paragraph/5",
    "retrieved_at": "2026-10-30T15:17:33.841180+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}