In the UK there are 2 main routes for official regulation of chipboard manufacture: the planning system and environmental protection legislation.
The planning system
The UK is a small country with a large population, so all development – factories, houses, shops, etc – is strictly controlled by planning legislation. Broadly, this requires local government to zone the entire landscape and only approved uses of any site are permitted. In addition, national government has legislated to create designated national park areas and areas of “outstanding national beauty” which remain privately owned but where development has to be consistent with maintaining and enhancing the natural beauty.
At intervals local council is required to draw up a planning policy and accompanying map of planning zones. Industrial development is normally only permitted in previously designated areas. Exceptionally the council may apply to national government for permission to depart from its stated policies and plans.
Anyone wishing to make any substantial change to a house or factory is required to present detailed proposals to the local council for approval. The council publishes the proposals and invites interested parties to comment and object or support the proposals. Usually the outcome is either refusal because the proposal is in conflict with the established policies or a conditional approval. The conditions are usually designed to mitigate adverse impacts on neighbours or the community at large, or to ensure that safety issues – for example regarding traffic management or flood prevention – are properly dealt with.
The power of decision is held by a committee of elected councillors on the basis of a detailed report and recommendation from planning officers. In practice there is great reliance on the expertise of the planning officers and many decisions are delegated to them via agreed powers. All the correspondence and documentation relating to every planning application is regarded as public documents, which anyone may inspect.
The applicant for a major industrial development is required to submit substantial detailed documentation setting out how the development will meet established local planning policies and national requirements – for instance regarding flood protection, environmental emissions, effects on protected wildlife, etc. – and formal public consultation exercises are recommended. Usually, after comments and objections have been received, amendments will be made to the proposals to meet some concerns. The planning officers will then draft their report and recommendations.
When approval is granted there may be many conditions attached – 45 in one recent case. If the application is rejected it is not uncommon for the applicant to submit a revised application which seeks to meet more of the objections. Rejected applicants may also appeal the decision to a higher authority, so councils have an incentive to act reasonably and correctly.
Subsequent to approval, the council officers have the responsibility of ensuring that all developments are constructed in accordance with the approved plans and that all planning conditions are properly met. If conditions are not met the Council has the power to issue enforcement notices.
Environmental Protection Legislation
In England and Wales the Pollution Prevention and Control Act 1999 and the related Environmental Permitting Regulations SI2007/3583 (2008) require the local council to control environmental emissions from industrial premises and set out guidelines. The key requirement is that pollution must be minimised in accordance with use of “Best Available Technique” (BAT).
The process works via an Environmental Permit drawn up by the Regulator which sets out the activities permitted, the pollution controls which apply and the monitoring which the operator is required to carry out. National Government publishes guidance notes on what is deemed BAT for each industry and on more general topics such as environmental appraisal, energy efficiency, noise, odour and monitoring (see: http://www.defra.gov.uk/environment/index.htm). The chipboard industry is covered by Sector Guidance Note IPPC SG1.
After public consultation on a draft permit, the finalised Permit is issued. This sets out exactly what the factory operator is required to do. The Regulator has wide-ranging powers of inspection and specification. If emissions exceed the designated limits, then the Regulator can require action to achieve conformance via an enforcement notice, within the general constraint of BAT. Public complaints and concerns can be adjudicated by the Regulator through these processes.