The difference in one line
Consent to Establish is permission to build. Consent to Operate is permission to run.
CTE comes before construction or expansion starts. CTO comes after the unit is built and before production begins. You need both, in that order. Only the second one has to be renewed.
Why the gap happens
The usual sequence goes like this. A new unit takes the CTE because everyone knows it is needed before construction. The building goes up. Production starts, often under commercial pressure. The CTO needed a built unit that could be inspected, so it got left for later. Then it was forgotten, because nothing went wrong.
It comes up eventually, and rarely at a good time. An inspection. A bank doing due diligence before a loan. A buyer's audit. Or another department asking for it before they will process something you now need urgently.
Category drives everything else
The Board sorts units into Red, Orange, Green and White by pollution potential. Your category sets the scrutiny, the conditions, the fee, and how long the CTO stays valid. One to five years is the usual range, with more polluting categories renewing more often.
Two things follow from that. A unit in a higher category has a renewal coming round far more often than owners tend to remember. And being put in the wrong category is not harmless. Either you pay for scrutiny you did not need, or you hold a consent that does not cover what you actually do.
When you have to go back to the Board
Consent is granted for a described activity at a described capacity. You generally need to go back when you expand capacity, add or change a product, change the process, change the effluent or emission profile, or when the premises change hands.
Carrying on under a consent that describes a smaller or different operation than the one you run leaves you exposed for the difference. It is the same position as having no consent for that part.
If you are already running without a CTO
This is more common than the compliance industry likes to admit, and it is usually fixable. What matters is dealing with it on your own timing, before an inspection sets the timing for you. The right approach depends on your category and how long the unit has been running, so call and talk it through.
Need this handled?
Not sure which consents your unit holds, or when they expire? Send us what you have and we will tell you where you stand.