The Environment Agency (EA) has officially launched a public consultation regarding its draft decision to grant an environmental permit to Fornax (North East) Ltd. The company seeks to establish an energy-from-waste plant at Merchant Park in Newton Aycliffe, County Durham, designed to process clinical, commercial, and industrial hazardous waste.
If the permit is approved, the facility will utilize high-temperature thermal treatment technology to incinerate waste, a process that the developers claim will generate enough electricity to power the equivalent of 700 homes.
This move follows a period of rigorous review by the EA, which examined evidence and feedback submitted during an initial public consultation held last summer. Following this analysis, the agency has stated it is “minded to” issue the permit, noting that it has currently found no legal grounds to refuse the application. However, officials emphasize that this is a preliminary stance, and a final decision will only be reached after the current consultation period concludes.
Gary Wallace, the EA’s area environment manager for the North East, underscored the necessity of local engagement in the process. “We recognise the increased local interest around this proposed facility and have carefully considered all the information and consultation comments,” Wallace said. “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.”
The core mandate of the Environment Agency is to ensure that proposed industrial sites adhere to strict environmental legislation. Under these regulations, the agency must verify that any permitted facility will not cause significant environmental pollution or pose a threat to public health. The agency noted that it is legally required to issue a permit if an operator demonstrates that their plans comply with all necessary environmental and health safety standards.
Conversely, the EA maintains robust oversight powers should a permit be granted. These include the ability to issue enforcement notices, suspend or revoke permits, levy fines, and, in cases of severe non-compliance, pursue criminal prosecutions.
The documentation detailing the draft decision and the proposed conditions of the permit are now available for public review on the Environment Agency’s official consultation website. These documents explain the rationale behind the agency’s preliminary decision and clarify the specific regulatory standards the operator must uphold. The EA has specifically highlighted that the information provided outlines what can—and cannot—be taken into account under current environmental law when deciding on such applications.
Members of the public are encouraged to review these materials thoroughly before submitting their feedback. The consultation is open until 1 December 2026. Responses can be submitted directly through the online portal or via email to pscpublicresponse@environment-agency.gov.uk. For individuals who are unable to access the documents online or require assistance in submitting a representation, the Environment Agency can be contacted directly at 03708 506 506.
The agency stated that it would review all new submissions before finalizing its decision on whether to greenlight the Newton Aycliffe project. With the consultation period set to run for an extended duration, the EA aims to ensure that local concerns are fully weighed against the technical and environmental data provided by Fornax (North East) Ltd.
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