Consultation Opens on Drax Power Permit Draft Decision Public Comments DEADLINE June 24, 2026

May 29, 2026

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(UK Environment Agency) The Environment Agency has opened a consultation into its draft decision to grant a permit variation to Drax Power Limited in Yorkshire. -- The company applied to vary its environment permit to incorporate carbon capture at its bioenergy plant near Selby.

After reviewing comments and evidence from two previous public consultations, the Environment Agency is ‘minded to’ issue the permit variation.

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.

A draft permit document and draft decision document can be found at the Environment Agency’s Citizen Space page.

The draft decision document explains the Environment Agency’s decision-making and outlines how it has considered the comments from the previous consultations. The draft permit outlines the conditions the operator would need to meet if the permit is granted.

The consultation will be open until Wednesday 24 June, 2026.

The website explains what the Environment Agency can and can’t take into account when deciding on the application.

Public encouraged to view documents

Ian Foster, Area Environment Manager in Yorkshire, said:

We’ve carefully considered all the documents, consultation comments, and additional information from the operator, and currently see no reason to refuse the variation application.

Our regulatory controls are in place to protect people and the environment and we are carrying out a detailed and robust assessment.

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

The operator first applied for the variation in May 2023. At the time, the Environment Agency held a public consultation to offer people the opportunity to comment on the application.

During the Environment Agency’s review of this 2023 application, it considered the applicant had not included sufficient information, so it requested a more detailed assessment.

Drax provided a revised air emissions risk assessment, including the potential substances that could be formed in the carbon capture plant. A second consultation was held in February 2025.

Carbon capture

Carbon capture is the removal of carbon dioxide from waste gases (usually by absorbing the carbon dioxide in a special solvent) and either using it or storing it underground, reducing the amount of emissions into the atmosphere.

Drax Power Ltd wants to capture the carbon dioxide emitted during electricity generation, to prevent the majority of it from entering the atmosphere.

The carbon dioxide captured will be transported via a pipeline for permanent storage under the North Sea.

The Environment Agency assesses applications for environmental permits, or to vary existing environmental permits, under the Environmental Permitting Regulations (EPR).

Its role is to assess the application and decide if it meets all requirements under relevant environmental legislation and provides a high level of protection to the environment and human health.

It will only vary the environmental permit if it is satisfied this would be the case.

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 EA 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. READ MORE

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Environmental permit variation granted to Drax Power Limited (UK Environment Agency)

Excerpt from UK Environment Agency: The Environment Agency has granted an environmental permit variation to Drax Power Limited in Yorkshire.

It follows a public consultation on the Agency’s draft decision, which took place earlier in the summer.

The decision is based on Drax demonstrating that it has met and will continue to meet expected mandatory conditions as outlined in the permit.

The company applied to vary its environmental permit to incorporate carbon capture at its bioenergy plant near Selby.

The Environment Agency only issues permits or permit variations if it’s satisfied the operator can comply with the permit conditions and has appropriate systems in place to operate without causing harm to the environment, human health or wildlife.

Ian Foster, Area Environment Manager at the Environment Agency, said:

We have reviewed the comments and evidence from the consultation into our draft decision and are satisfied that robust levels of environmental protection are met.

Environmental law sets out these conditions, and as a regulator we will issue the permit if we can find no reason that the operator would not be able to comply.

Decision document available

There is a decision document which explains in more detail how the Environment Agency reached this decision.

It also outlines the concerns raised during the consultation and how the Environment Agency has addressed these.

You can find out more about this here.

The operator first applied for the variation in May 2023. At the time, the Environment Agency held a public consultation to offer people the opportunity to comment on the application.

During the Environment Agency’s review of this 2023 application, it considered the applicant had not included sufficient information, so it requested a more detailed assessment.

Drax provided a revised air emissions risk assessment, including the potential substances that could be formed in the carbon capture plant. A second consultation was held in February 2025, before a third and final consultation into the Environment Agency’s draft decision earlier this summer.

Drax Power Ltd wants to capture the carbon dioxide emitted during electricity generation, to prevent the majority of it from entering the atmosphere.

The carbon dioxide captured will be transported for permanent storage under the North Sea.

The Environment Agency may only refuse a permit application if it does not meet one or more of the legal requirements under environmental legislation, including if it will have an unacceptable impact on the environment or harm human health.

If all the requirements are met, it is legally obliged to issue a permit. 

Further background

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. 
Our powers include enforcement notices, suspension and revocation of permits, fines and ultimately criminal sanctions, including prosecution. 
We 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. READ MORE