A proposed hazardous-waste treatment plant in Newton Aycliffe has moved into a further public consultation after the Environment Agency published a draft decision saying it is minded to grant an environmental permit. The decision remains provisional: the regulator has not issued a final permit, and representations are invited until 1 December 2026.
The application concerns Fornax (North East) Ltd’s planned high-temperature thermal treatment facility at Merchant Park, County Durham. The permit application would allow the plant to accept clinical, commercial and industrial hazardous waste for incineration. The regulator’s draft advertisement identifies the application as a new bespoke permit under the Environmental Permitting (England and Wales) Regulations 2016, with reference EPR/QP3720LP/A001.
“Minded to grant” is not equivalent to permission to begin operating. The Environment Agency says that, after reviewing evidence and comments from a previous public consultation, it has not found grounds at this stage to refuse the application. It says it will make its final decision after reviewing responses to the current consultation. The draft permit sets out conditions the operator would have to meet if a permit is ultimately granted.
What the consultation covers
The current consultation allows people to examine the draft decision and permit documents and submit comments relevant to the regulator’s assessment. Responses can be made through the consultation website or by email to the Environment Agency. The regulator says the documents explain how it considered issues raised in the earlier consultation, as well as what it can and cannot take into account when deciding the permit application.
The draft advertisement gives the consultation end date as 1 December 2026. It also says that comments received will normally be placed on the public register, including the respondent’s name but not personal contact details. Respondents can ask for their response not to be made public. These arrangements mean that people considering a submission can review both the technical documents and the information about how representations are handled before responding.
The permit process is distinct from planning permission. The application being considered now is an environmental permit for regulated operations, not a new planning decision. In its explanation of the process, the Environment Agency says it assesses whether an application meets requirements under environmental legislation, including whether the proposed plant would cause significant pollution or harm to human health. It says permits, if issued, impose legal conditions and can be enforced through measures that include notices, suspension or revocation, fines and prosecution.
A decision still to come
The regulator’s position therefore has two parts: it has published a draft view favourable to the application, while keeping the decision open pending public responses. The consultation is a formal opportunity to address the draft assessment and proposed permit conditions. It is not evidence that the facility is operating, nor does the draft decision establish that any environmental or health impact has occurred.
For local residents, the immediate question is how the application and draft conditions address the issues they consider relevant. The published information points readers to the decision document for the regulator’s reasoning and to the draft permit for the obligations proposed for the operator. The final outcome cannot be stated until the Environment Agency has reviewed the consultation material and announced its decision.
The application is for a facility at Merchant Park in Newton Aycliffe, rather than a London development. Its significance now lies in the live regulatory process: a draft decision has been made public, a defined consultation period is under way, and the permit remains undecided.
