Planning and development 3.10 Applicants should be aware that the purpose of the information in Insert 1, above, is to ensure that there is a properly informed screening opinion. 8.5 Therefore, the level of detail and type of PEI may vary depending on: 8.6 Applicants should respond to these points and consider the most appropriate form in which to present the PEI. late scoping consultation responses received after the statutory deadline. This Advice Note explains the Environmental Impact Assessment (EIA) process set out in the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (the EIA Regulations). Advice Note Three: EIA Notification and Consultation Advice note no.9, paragraphs 2.3.8 to 2.3.12, have been amended in light of a Court of Appeal judgement and a further amendment has been made to paragraph 2.3.8 Test 2. 3.4 Applicants should be aware that a screening opinion from the Planning Inspectorate confirming that a Proposed Development is not an EIA development (a negative opinion) does not negate the need for the submission of environmental information stipulated in other legislation, including for example a flood risk assessment and information on the historic environment which is required in all cases (see Regulation 5(2) of the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009 (as amended) (the APFP Regulations)). Planning appeals: procedural guide - GOV.UK Please note, this advice note refers to, Advice Note Seven: Environmental Impact Assessment: Preliminary Environmental Information, Screening and Scoping Republished June 2020 (version 7). Annex to advice note 3 - The Construction Information Service The Planning Inspectorate is keen to emphasise this requirement since it relates clearly to the obligation placed on the decision maker (Secretary of State) under Regulation 21(b) of the EIA Regulations 2017. Download March 2015 - Tidal Lagoon Cardiff EIA Scoping Report PDF for free. This may provide a more effective consultation exercise. there must not be any other files within the *.zip file; it should be in the British National Grid (OSGB1936) format; multiple *.zip files or multiple .shp files within a single zip file are not compatible with the Planning Inspectorates GIS system. For example, Applicants may choose to consult on preferred sites or solutions. These essential cookies do things like protect the site against malicious use, Find out more about cookies on The National Infrastructure site. The Inspectorate's website includes a list of all DNS projects and the stage that they . Advice Note Two: The role of local authorities in the development consent process Published February 2015 (version 1). 0303 444 5004. a person notifies the Secretary of State in writing under regulation 8(1)(b) that they propose to provide an ES in respect of the Proposed Development; the Secretary of State or an Examining Authority adopts a screening opinion to the effect that the development is EIA development; or. 3 See the Planning Inspectorate's Advice Notes 8.1 and 8.2 on how the process works and This advice note sets out a staged approach to cumulative effects assessment (CEA) for Nationally Significant Infrastructure Projects and provides template formats for documenting the CEA within an applicants Environmental Statement. The Planning Act 2008 (as amended) (the PA2008), and related secondary legislation, establishes the legislative requirements in relation to applications and proposed applications for orders granting development consent for Nationally Significant Infrastructure Projects (NSIPs). This advice note explains the framework which governs the involvement of relevant consultees and consenting bodies at each stage in the Planning Act 2008 (PA2008) process and sets out the key principles which the Planning Inspectorate hopes will underpin working arrangements. Advice Note Eighteen: The Water Framework Directive Published June 2017 (version 1). It has no statutory status. Thank you for your email, requesting information from the Planning Inspectorate. Under the Localism Act 2011, the IPC is abolished with its work being transferred to the National Infrastructure Directorate, created within the Planning Inspectorate. If screening and scoping requests are submitted simultaneously for the same project, the 42 day period starts from the date that the Secretary of State adopts a positive screening opinion (Regulation 10(7)).) It is for the Applicant to satisfy themselves if a Proposed Development constitutes an NSIP in accordance with the PA2008. The purpose of this advice note is to explain the approach taken by the Planning Inspectorate, on behalf of the Secretary of State, when identifying consultation bodies to be notified under Regulation 11 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (the EIA Regulations) and where relevant, consulted on the scope of the Environmental Statement under Regulation 10 of the EIA Regulations. Advice Note Eight: Overview of the nationally significant infrastructure planning process for members of the public and othersPublished December 2016. Is there a clear route to deliver the measures referred to above on which reliance is being placed e.g. In any event, Applicants should contact the relevant Infrastructure Planning Lead (IPL) at the Planning Inspectorate who will arrange an inception meeting in advance of any request to discuss details of the Proposed Development. . 6.6 Detailed information on the submission of application documents, including the ES, is provided in Advice Note 6. Please contact the National Infrastructure case team for further information and advice on this matter. The Planning Inspectorate must take into account the information provided by Applicants, the results of any relevant EU environmental assessment reasonably available, and relevant criteria in Schedule 3 to the EIA Regulations (Regulation 9 and Schedule 3 of the EIA Regulations. Version 9 reflects changes in legislation, guidance and suggested ways of working. It is important that the information is compiled in a way that is conducive to this intent. Compiling the Consultation Report has been updated to reflect emerging best practice and lessons learned since the original Advice Note 14 was published in 2014. They are published to provide advice and information on a range of issues arising throughout the whole life of the application process. Advice Note One: Local Impact Reports Republished April 2012 (version 2). This advice note has been revised in response to emerging best practice. the Secretary of State has initiated the screening direction. This advice note provides advice for Applicants in relation to the Habitats Regulations. Advice Note 22 has been updated to clarify the notation that should be used with respect to a combined order. Updated Application Index and corresponding information in Appendix 1. It accepts no liability for any loss or It is intended to assist local authorities with the form and content of these reports. Summary of this Advice Note 31 December 2021. PDF Developments of National Significance DNS Engaging with the Process On 23 March 2016 the Planning Inspectorate published revised versions of its four . Introduction. 8.2 PEI is defined in the EIA Regulations 2017 as: 8.3 information referred to in regulation 14(2) which . The Planning Inspectorate has taken steps to keep this e-mail and any attachments free from viruses. The advice note has been updated to reflect contemporary best practice in the preparation and maintenance of draft Development Consent Orders throughout the Planning Act 2008 process. Planning Inspectorate . It also explains the involvement of the applicant in the process. Advice Note Four sets out advice on how to apply to the Planning Inspectorate to authorise an applicant to serve a written notice which requires the recipient to provide information to an applicant about interests in land. Advice Note Five: Section 53 Rights of entry RepublishedMarch 2017(version 6). 1.2 Regulation 5 of the EIA Regulations explains that EIA is a process consisting of: 1.3 Regulation 6 of the EIA Regulations explains that a development is EIA development if: 1.4 Regulation 8(1) of the EIA Regulations requires a person who proposes to make an application for an order granting development consent to carry out the EIA screening process described below before carrying out statutory consultation under s42 of the PA2008. 6.1 Following the Applicant's notification to the Planning Inspectorate in writing that they propose to provide an ES, or after a screening opinion has been adopted to . Changes made to reflect the up to date practice in relation to s.53 authorisations, publication and other legislative change. However, because the information is already published and accessible to you, it is exempt under Section 21 of FOIA. Minor amendments made to clarify the interaction and timings of the DCO process and the Environment Agencys environmental permitting regime. Section 14 on data protection has been amended and a new section Copyright and intellectual property has been added. You can find more information on our privacy page. Where the transitional provisions are met, the Infrastructure Planning 2009 Environmental Impact Assessment (EIA) Regulations (as amended) continue to apply (see Transitional Provisions below). This includes: 3.8 The Planning Inspectorate requests that notifications made in accordance with Regulation 8(1)(b) of the EIA Regulations are accompanied by information sufficient to facilitate Regulation 11. Each item of advice and guidance sets out the general type of casework and/ or the legislation that is applicable to it, and should be read and applied in that way. 9.5 The Planning Inspectorate acknowledges that the EIA process is iterative and includes public participation as an essential component. Planning Inspectorate - GOV.UK Monthly Official Statistics Background Quality Report 27 April 2023 01/2009 and all the good practice advice notes which were also published by pins. Formatting changes were applied to version 3 of Advice Note 3. Schedule 3 is only relevant to Schedule 2 projects). Advice Note One is about the production of Local Impact Reports. The Inspectorate has published a series of advice notes on the National Infrastructure Planning website, including Advice Note 7: Environmental Impact Assessment: Preliminary Environmental Information, Screening and Scoping (AN7). It accepts no liability for any loss or Is there sufficient confidence in the avoidance or mitigation method in terms of deliverability and efficacy to support the request? 1.1. it should be a polygon geometry type and consist of one or more polygon features representing the proposed DCO site boundary (including any temporary, permanent and associated development); it should be a single, valid, ESRI Shapefile for the proposed DCO site boundary, provided as a *.zip file using the default WinZip settings (ie no encryption, normal compression etc. Where this occurs, Applicants should consider submitting a new screening request to the Planning Inspectorate. (The relevant IPL can be reached by contacting the Planning Inspectorate Helpline on 0303 444 5000. The revisions to the Checklist reflect the changes to s55 of the Planning Act 2008 brought about by the Localism Act 2011. 8.7 Applicants should consider carefully whether publication of the PEI at a more advanced stage in the design process of the NSIP, where more detailed information is known about the Proposed Development and its environmental effects, would generate more detailed responses and so better inform the design of the Proposed Development and their EIA. Advice Note Seventeen: Cumulative effects assessmentPublished August 2019 (version 2). the Applicant has submitted an ES or updated ES; the Applicant has requested the Secretary of State or relevant authority to adopt a scoping opinion; the Applicant has made a request for a screening opinion or subsequent screening opinion; or. 9.6 Specific aspects and matters identified in the EIA Regulations 2017 and particularly Schedule 4 should be considered in relation to each Proposed Development (as relevant). Rights of way advice note 22: use of correct notation on order maps Updated to reflect legislative changes from the Infrastructure Planning Environmental Impact Assessment Regulations 2017, the Conservation of Habitats and Species Regulations 2017 and the Conservation of Offshore Marine Habitats and Species Regulations 2017. changes to reflect the coming into force of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017. 10.1 The following pre-application documents will be made available on the relevant project page of the National Infrastructure Planning website: 10.2 As application documents will be published to the National Infrastructure website, Applicants should avoid the inclusion of any personal data relating to individuals in the documents they submit; in particular the consultation report. This change register was introduced on 1 May 2012 and lists any changes made to existing advice notes and notes the publication of any new advice notes. This sets out how the local community will be consulted about the Proposed Development, in accordance with section 47 of the PA2008 (see also relevant sections of Advice Note 8). This advice note has been republished to reflect amendments made to the Infrastructure Planning (Application: Prescribed Forms and Procedures) Regulations 2009 by the Infrastructure Planning (Prescribed Consultees and Interested Parties) (Amendment) Regulations 2013 and the Natural Resources Body for Wales (Functions) Order 2013. We use cookies to collect information about how you use National Infrastructure Planning site. The Inspectorate considers that Applicants should make effort to agree their approach to the collection and presentation of information with relevant consultation bodies. More detailed advice in respect of these points is provided in Annex 1. The Planning Inspectorate must adopt a screening opinion within 21 days of receiving a screening request (Regulation 8(8) of the EIA Regulations 2017). The Planning Inspectorate determines the appeal procedure after inviting the views of the parties. 8.3 Legislation, regulations, policy, advice notes & useful documents (Neill Whittaker, Ivy Legal) 91 . Advice note 10 has been substantially revised to provide practical guidance on how to submit Habitats Regulations Assessment information with an application and how the Planning Act 2008 process, as amended by the Localism Act 2011, will address HRA. This Advice Note makes reference to other Advice Notes, these can all be found on the Advice Notes section of the National Infrastructure Planning website. types and characteristics of the potential impacts. Applicants should consider carefully the timing of the screening request (including the process described below in Advance notice and GIS shapefile) alongside the preparation of the DCO application. The Planning Inspectorate will treat the submitted Development Consent Order (DCO) application as a screening request and will re-screen the Proposed Development at the same time as undertaking the decision as to whether or not to accept the application (Regulation 15 of the EIA Regulations). Therefore, Applicants that provide notification under Regulation 8(1)(b) should include the information specified in Regulation 8(3), detailed above in Insert 1. An electronic copy of the request document will be uploaded to the National Infrastructure Planning website and should therefore be optimised for web viewing and should not exceed 50MB per document. 5.7 An effective scoping process should enable the refinement of the assessment and ultimately the information required to form the ES. 5.11 The Planning Inspectorate considers that suitable justification to support the scoping out of aspects and matters should include information to address the following questions: 5.12 Inclusion of information responding to the points above will increase the likelihood of the Planning Inspectorate being able to agree to any scoping out requests. This advice note has been prepared to provide some assistance to applicants when preparing their draft Development Consent Order and Explanatory Memorandum. 7.4 The technical specifications for the shapefile are: 7.5 The shapefile must match exactly the red line that will be presented within the scoping request. Correction of Table 3, Tier 2 projects description, removing the word not so that the text reads projects on the Planning Inspectorates Programme of Projects where a scoping report has been submitted.". If the proposed DCO site boundary comprises a number of separate discrete polygons, these should all be included within the single shape file contained in the *.zip file. Updated to reflect ways of working noting circumstances of coronovirus (COVID-19). 3.5 An EIA screening opinion adopted during the pre-application process will necessarily be based on currently available information provided by the Applicant. such other information or representations as the person making the request may wish to provide or make. Advice Note 16 How to request a change which may be material (version 1 July 2015) replaces the previous version of Advice Note 16. The justification should be evidence based and have reference to the assessment process. The Planning Inspectorate recommends that the scoping report should include the following information: 5.14 At the same time as making a scoping request, the Applicant may also wish to provide a completed transboundary screening matrix dealing with the potential effects of the Proposed Development on other European Economic Area (EEA) States. The purpose of this Annex (PDF 213kb) is to provide useful advice to support applicants with the preparation of their Environmental Statement. Formatting changes were also applied. In order to support the Planning Inspectorate with this aim, Applicants should ensure that their requests include sufficient justification for scoping aspects/matters out. 5.13 Applicants should note that aspects/matters are not scoped out unless specifically confirmed as being scoped out by the scoping opinion. Please note, this advice note refers to annexes in a separate document (DOC 119 KB). 5.2 The request made under Regulation 10(1) must include: 5.3 More detailed information regarding the information to be included in the scoping request is set out at Insert 2. The developers pre-application consultation, publicity and notification duties (version 1 April 2012) was retired. Planning Inspectorate Published 1 March 2014 . the pages you visit on this site, and how long you spend on each page, what you click on while you're visiting the site. (Applicants should notify under this regulation if the development is Schedule 1 or, if Schedule 2, they decide to undertake an EIA of their own volition.). Recipients should note that e-mail traffic on Planning Inspectorate systems is subject to monitoring, recording and auditing to secure the effective operation of the system and for other lawful purposes. The Planning Inspectorate publish Advice Notes that applicants and others may find helpful, providing more detailed advice and information on the application process. an explanation of the approach to addressing uncertainty where it remains in relation to elements of the Proposed Development eg design parameters; referenced plans presented at an appropriate scale to convey clearly the information and all known features associated with the Proposed Development; an outline of the reasonable alternatives considered and the reasons for selecting the preferred option; a summary table depicting each of the aspects and matters that are requested to be scoped out allowing for quick identification of issues; a detailed description of the aspects and matters proposed to be scoped out of further assessment with justification provided; results of desktop and baseline studies where available and where relevant to the decision to scope in or out aspects or matters; aspects and matters to be scoped in, the report should include details of the methods to be used to assess impacts and to determine significance of effect eg criteria for determining sensitivity and magnitude; any avoidance or mitigation measures proposed, how they may be secured and the anticipated residual effects; references to any guidance and best practice to be relied upon; evidence of agreements reached with consultation bodies (for example the statutory nature conservation bodies or local authorities); and. Where the request document contains high resolution plans/figures, the Planning Inspectorate asks that a low resolution electronic copy is also provided to enable easier downloads for those viewing the document via the National Infrastructure Planning website. It also refers to reporting on virtual consultation activity and reflects the changes made to The Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009 following the coming into force of The Infrastructure Planning (Publication and Notification of Applications etc.) Imprecise referencing with links to entire documents are usually unhelpful, and the need for clarification may cause delays in the process. Applicants should also note that the PA2008 draws no correlation between the EIA screening process and the criteria for determining if a Proposed Development is an NSIP. Advice Note 2 - Working together on NSIPs (version 2 April 2012) was retired and replaced with a new Advice Note 2 - The role of local authorities in the development consent process (version 1 February 2015). 1.5 Regulation 11 of the EIA Regulations sets out the procedure to facilitate preparation of ESs, in particular the duties of the Secretary of State with regard to consultation. The Advice Note also provides advice to Applicants to support them with the successful completion of the process applicable to NSIPs. This was prompted by the publication of, Planning Act 2008: guidance on the pre application process (DCLG March 2015) which updated the requirements and procedures that developers should follow during the pre-application stage. In turn the Inspectorate expects that consultation bodies will continue to work with Applicants to find suitable approaches and points of reference to aid the robust preparation of applications. The notification will not be considered valid unless this information is provided. the Secretary of State directs an accepted application to be EIA development (a screening direction by the Secretary of State made in accordance with Regulation 7 of the EIA Regulations). The advice note includes Annex 1 the Inspectorates long form transboundary screening proforma (ODT, 40kb) and Annex 2 the Inspectorates short form transboundary screening proforma (ODT, 37kb). It is possible that during the course of the pre-application process new information becomes available that may affect that decision. Amongst the requirements is a reference to the inclusion of additional information specified in Schedule 4 where relevant to the specific characteristics of the particular development or type of development and to the environmental features likely to be significantly affected (Regulation 14(2)(f ) of the EIA Regulations 2017). Revisions in the light of emerging practice. Update to confirm the need for applications to include information for the purposes of Habitats Regulations Assessment. The advice note has been updated following the introduction of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 which came into force on 16th May 2017. Although in many cases they include recommendations from the Planning Inspectorate about the approach to particular matters of process, which applicants and others are encouraged to consider carefully, it is not a requirement for applicants or others to have regard to the content of advice notes. ), Regulation 11 Notification and the Regulation 11 List. Regulation 11(3) does not apply to Regulation 11(1)(c) persons or nonprescribed consultees. Advice Note Three: EIA consultation and notification Republished August 2017 (version 7). Applicants should therefore consider carefully the timing and nature of any non-statutory consultation exercise to ensure that there is no confusion with the statutory scoping consultation process that the Planning Inspectorate initiates as soon as it receives a scoping request. a description of the physical characteristics of the whole Proposed Development; a description of the location and any sensitive areas likely to be affected; a description of the aspects of the environment likely to be significantly affected; information on the likely significant effects resulting from residues and emissions and the use of natural resources; and, details of any features of the Proposed Development and any measures envisaged to avoid or prevent what might otherwise have been a significant adverse effect on the environment.Advice Note Seventeen: Cumulative effects assessment relevant to This advice note includes minor revisions made in response to emerging best practice on projects. 1.1 The EIA Regulations determine that EIA development means a development which is either . 8.10 It will be for Applicants to decide at what stage in the pre-application process they wish to commence statutory pre-application consultation, and to decide whether they wish to provide PEI and if so at what point this will be most effective. 9.3 The Planning Inspectorate considers that a good ES is one that: 9.4 Practical advice regarding ES production including presentation techniques is provided at Annex 1 and should be considered alongside this Advice Note. Find more similar flip PDFs like March 2015 - Tidal Lagoon Cardiff EIA Scoping Report. This advice note has been republished in response to emerging best practice on projects. Google Analytics sets cookies that store anonymised information about: Please enable Strictly Necessary Cookies first so that we can save your preferences! Details relating to the information to be provided with a screening request. Advice Note Fifteen: Drafting Development Consent Orders Republished July 2018 (version 2). The advice note also introduces and explains the use of Water Framework Directive overview matrices [see Appendix 1] prepared by thePlanningInspectorate. EIA screening opinion (Regulation 8(1)(a)). 9.1 Regulation 14 of the EIA Regulations 2017 sets out the information which an ES accompanying a DCO application must include. As noted above, the EIA Regulations explain that the ES should be based on the most recently adopted scoping opinion (where the project remains materially the same) and this emphasises the care and regard that should be given to the scoping process to ensure that aspects/matters included in the Regulations and particularly Schedule 4 (where relevant) are appropriately addressed. The advice note has been updated to reflect up to date practice in relation to requests to make a material change to an application. ); the *.zip file must contain one of each of the following files: *.prj, *.dbf, *.shp, *.shx; and. Advice Note Thirteen: Preparation of a draft Development Consent Order and Explanatory Memorandum Republished February 2019 (version 3). Cookies are files saved on your phone, tablet or computer when you visit a website. Have you had regard to (a) relevant National Policy Statement(s) (NPS) and specifically any requirement stated in the NPS(s) in respect of the assessment of this aspect/matter? View all Advice Notes. The Planning Inspectorate recommends that the methodologies for baseline data collection, identifying 7.1 The Planning Inspectorate requests that advance notice is given prior to making any screening/scoping request. Appendices 1 and 2 also updated. March 2015 - Tidal Lagoon Cardiff EIA Scoping Report - FLIP HTML5 5.6 When a scoping opinion is requested and Regulation 8(1) has not yet been completed, the Planning Inspectorate will request the Applicant to provide notification in accordance with Regulation 8(1)(b); that they propose to provide an ES in respect of that development.
