The company wants to operate an energy from waste plant at Merchant Park, Newton Aycliffe in County Durham.

Under the permit Fornax has applied for, the site would be able to accept clinical, commercial and industrial hazardous waste for incineration in a high temperature thermal treatment facility.

After reviewing comments and evidence from a previous public consultation last summer, the Environment Agency is ‘minded to’ issue the permit.

This means after exploring the issues and concerns that have been raised, it can’t find any reason to refuse the application but is yet to make a final decision.

The draft permit document and draft decision document can be found at the Environment Agency’s consultation website.

Consultation open until 1 December

The draft decision document explains the Environment Agency’s decision-making and outlines how it has considered the comments from the previous consultation.

The draft permit outlines the conditions the operator would need to meet if the permit is granted.

The consultation will be open until 1 December 2026.

The information in the link also explains what the Environment Agency can and can’t take into account when deciding on the application.

Gary Wallace, Area Environment Manager in the North East, said:

We recognise the increased local interest around this proposed facility and have carefully considered all the information and consultation comments.

We will only grant the permit if we are satisfied the application meets all legal requirements and provides a high level of protection to the environment and human health.

It’s important the public have the opportunity to read the draft documents and provide comments. We’ll then make our final decision once we’ve reviewed consultation responses.

The Environment Agency assesses applications for environmental permits under the Environmental Permitting Regulations 2016 (EPR).

Its role is to assess the application and decide if it meets all requirements under relevant environmental legislation, including ensuring that the proposed plant would not cause any significant pollution of the environment or harm to human health.

People can respond to the consultation directly on the website or alternatively by email to pscpublicresponse@environment-agency.gov.uk

Further background

Consultation responses

• Responses to the consultation can be made electronically.
• Information on the website explains how people can view the consultation documents and how they can provide comments. It also explains what the Environment Agency can and can’t take into account when deciding on the application.
• Anyone wishing to comment on the proposals is urged to read the documentation online before responding directly on the website or by email to pscpublicresponse@environment-agency.gov.uk 
• Those unable to view the documents or make representation via the consultation website or by email should contact the Environment Agency on 03708 506 506.

Environmental permits 

• Environmental permits set out strict legal conditions by which an operator must comply in order to protect people and the environment. Should an environmental permit be issued, the Environment Agency has responsibility for enforcing its conditions.
• The Environment Agency’s powers include enforcement notices, suspension and revocation of permits, fines and ultimately criminal sanctions, including prosecution.
• The Environment Agency may only refuse a permit if it does not meet one or more of the legal requirements under environmental legislation, including if it will have a significant impact on the environment or harm human health. If all the requirements are met, we are legally required to issue a permit