Therefore, Applicants that provide notification under Regulation 8(1)(b) should include the information specified in Regulation 8(3), detailed above in Insert 1. Please note, this advice note refers to. A good PEI document is one that enables consultees (both specialist and non-specialist) to understand the likely environmental effects of the Proposed Development and helps to inform their consultation responses on the Proposed Development during the pre-application stage. 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. The advice note also introduces and explains the use of Water Framework Directive overview matrices [see Appendix 1] prepared by thePlanningInspectorate. Applicants should avoid submitting requests with multiple and varied design and layout options. Could the impact contribute cumulatively with other impacts to result in significant effects to the aspect/ matter? It has no statutory status. 4.1 Following the Applicants notification to the Planning Inspectorate in writing that they propose to provide an ES, or after a screening opinion has been adopted to the effect that the Proposed Development is EIA development, the Planning Inspectorate will notify the consultation bodies that the Applicant intends to provide an ES for the Proposed 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. Notes 2, 4, 7, 10, 13,17 and 18 have been withdrawn and are no longer used. Planning Inspectorate . 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. Planning appeals: procedural guide - GOV.UK 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. Is there sufficient detail and certainty regarding the location and characteristics of the Proposed Development? Advice Note 16 How to request a change which may be material (version 1 July 2015) replaces the previous version of Advice Note 16. Formatting changes were applied to version 3 of Advice Note 3. This Advice Note explains the Environmental Impact Assessment (EIA) process set out in the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (the EIA Regulations). 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. . 6 (annex: Preparing the technical index to accompany an NSIP application). Annex has been updated to reflect current practice. (Further details of the suggested format for the transboundary screening matrix is provided in the Planning Inspectorates Advice Note 12 Transboundary Impact Consultation.) 3.15 If Applicants are relying on measures envisaged to avoid or prevent significant adverse effects on the environment, they should explain these in detail including how such measures will be delivered and secured. It is strongly advised that contact is made, and this discussion is had before a screening opinion is requested. Please note, this advice note refers to, Advice Note Seven: Environmental Impact Assessment: Preliminary Environmental Information, Screening and Scoping Republished June 2020 (version 7). 1.6 Regulation 14 of the EIA Regulations establishes the information which an ES accompanying an application for an order granting development consent must include. Updated Application Index and corresponding information in Appendix 1. Rights of way advice note 22: use of correct notation on order maps 3.1 Regulation 8(1) of the EIA Regulations requires the Applicant to do one of the following before carrying out statutory consultation under s42 of the PA2008: 3.2 The screening process is undertaken by the Planning Inspectorate on behalf of the Secretary of State. Advice Note 11 has advice on working with public bodies in the pre-application stage which may assist with these decisions. PDF Planning Act 2008: Guidance on the pre-application process - GOV.UK The minimum information that Applicants must provide with a screening request is set out in the EIA Regulations in Regulation 8(3). It is intended to assist local authorities with the form and content of these reports. Planning control Planning and . the steps that are required to be undertaken by the Secretary of State under Regulation 21 or by the relevant authority under Regulation 25, as appropriate. This advice note sets out advice on how to apply to the Planning Inspectorate for an authorisation for a right of entry to gain access onto land in order to carry out surveys and take levels under s53 of the Planning Act 2008. 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). Advice Note Six: Preparation and submission of application documents (version 11) This advice note will assist applicants in preparing, organising and submitting applications to the Planning Inspectorate. Updated to reflect legislative change from the Infrastructure Planning Environmental Impact Assessment Regulations 2017 and to clarify the Planning Inspectorates approach to EIA notification and consultation. late scoping consultation responses received after the statutory deadline. Find more similar flip PDFs like March 2015 - Tidal Lagoon Cardiff EIA Scoping Report. the proposed draft DCO site boundary (identified by a red line) including any associated development; any permanent land take required for the Proposed Development; any temporary land take required for construction, including construction compounds; any existing infrastructure which would be retained or upgraded for use as part of the Proposed Development and any existing infrastructure which would be removed; and. 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. Where the transitional provisions are met, the Infrastructure Planning 2009 Environmental Impact Assessment (EIA) Regulations (as amended) continue to apply (see Transitional Provisions below). 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. 3.3 An Applicant making a request for a screening opinion under Regulation 8(1)(a) of the EIA Regulations must provide a sufficient level of information in accordance with the EIA Regulations (see Insert 1). In order to support the Planning Inspectorate with this aim, Applicants should ensure that their requests include sufficient justification for scoping aspects/matters out. 4.3 These bodies are those the Planning Inspectorate considers (i) to be, or to be likely to be affected, by or to have an interest in the Proposed Development; and (ii) to be unlikely to become aware of the Proposed Development by means of the measures taken in compliance with Part 5 of the PA2008 (pre-application consultation). Planning Policy Wales and related Technical Advice Notes set out a range of Welsh Government planning policies. Advice Note Thirteen: Preparation of a draft Development Consent Order and Explanatory Memorandum Republished February 2019 (version 3). The order of the checklist has been revised to reflect the order in which s.55 (as amended) is presented. The advice note was amended to remove the request for a tracked copy of the Draft DCO against the Model Provisions. 1.1 The EIA Regulations determine that EIA development means a development which is either . 6 May 2021 The notification will not be considered valid unless this information is provided. Advice Note Seventeen: Cumulative effects assessmentPublished August 2019 (version 2). It is for the Applicant to satisfy themselves if a Proposed Development constitutes an NSIP in accordance with the PA2008. All references to Advice note 10 removed, AN10 has been retired. Revisions in the light of emerging practice. 8.2 PEI is defined in the EIA Regulations 2017 as: 8.3 information referred to in regulation 14(2) which . Thank you for your email, requesting information from the Planning Inspectorate. Press office. Is there sufficient confidence in the avoidance or mitigation method in terms of deliverability and efficacy to support the request? This advice note has been prepared to provide some assistance to applicants when preparing their draft Development Consent Order and Explanatory Memorandum. They are published to provide advice and information on a range of issues arising throughout the whole life of the application process. 3.13 In dealing with the description of the development and its possible effects on the environment, Applicants should ensure the information is set out with reference to the criteria in Schedule 3 to the EIA Regulations, these being: 3.14 Applicants should also ensure that all aspects of the environment likely to be significantly affected by the development are addressed. provides a clear description of the Proposed Development through all phases of the development consistent with the DCO ie in terms of construction, operation and decommissioning phases; clearly explains the processes followed to develop the ES including the established scope for the assessment; explains the reasonable alternatives considered and the reasons for the chosen option taking into account the effects of the Proposed Development on the environment; details the forecasting methods for the assessment and the limitations (as relevant); assesses in an open and robust way the assessment of likely significant effects explaining where results are uncertain; provides sufficient details of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects, the likely efficacy of such measures and how they are secured; details the need for any ongoing monitoring or remediation; and. Planning and development 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. Applicants are strongly encouraged to invest time and effort in both statutory and nonstatutory EIA consultation exercises. Advice Note Sixteen: Requests to change applications after they have been accepted for examination Published March 2023 (version 3). Minor amendments made to clarify the interaction and timings of the DCO process and the Environment Agencys environmental permitting regime. 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.". 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. This advice note explains the roles and responsibilities of the Secretary of State, the PlanningInspectorate, European Economic Area Member States and applicant applicable under Regulation 32 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017. One text change was also applied, the reference to the Welsh Language Board as a non-prescribed consultation body was removed following the abolition of this organisation on 1 April 2012. Press office is open from 09:00 to 17:00 on Monday to Friday, except bank holidays. 25 October . Are these measures capable of being appropriately defined in order to demonstrate their efficacy? Advice Note Fifteen: Drafting Development Consent Orders Republished July 2018 (version 2). 5.4 The scoping process is undertaken by the Planning Inspectorate on behalf of the Secretary of State. This should include any relevant National Policy Statement(s) and guidelines prepared by relevant professional bodies. Various edits and section 7.2 - 7.4 rewritten. The Planning Inspectorate determines the appeal procedure after inviting the views of the parties. 3.7 Applicants should be aware that if the Planning Inspectorate screens or re-screens the Proposed Development during acceptance and determines that it is EIA development, Applicants will be required to provide an ES (Regulation 5(2)(a) of the APFP Regulations 2009) and consideration of the DCO application will be suspended until an ES is provided by the Applicant (Regulation 15(4) of the EIA Regulations). 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. 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. 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. 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. demonstrates that the information is sufficient to enable a reasoned conclusion to be reached. The Planning Inspectorate is also required to notify the consultation bodies of the duty imposed on them under Regulation 11(3) of the EIA Regulations, that if requested by the Applicant, they must enter into consultation with that person to determine whether they possess any information which is considered relevant to the preparation of the ES or the updated ES; and, if that is the case, they must make that information available to the Applicant. It complements the advice provided in the Planning Inspectorate's Advice Note 9: Rochdale Envelope. Is there a method of avoidance or mitigation that would reduce the impact on the aspect/matter to a level where significant effects would not occur? If more than one plan is required, the plans should be at the same scale with an overview plan provided (as appropriate). The reasoned conclusion should take into account current knowledge and methods of assessment. March 2015 - Tidal Lagoon Cardiff EIA Scoping Report - FLIP HTML5 The advice note has been updated to reflect up to date practice in relation to requests to make a material change to an application. Responses received after the 28 day deadline will not be considered within the scoping opinion, but will be forwarded to the Applicant for their consideration and published on the National Infrastructure Planning website. The purpose of this Annex (PDF 213kb) is to provide useful advice to support applicants with the preparation of their Environmental Statement. The Planning Inspectorate requires Applicants to provide a GIS shapefile and requests notice of intended scoping requests (see below Advance notice and GIS shapefile). PDF Developments of National Significance DNS Engaging with the Process The Planning Inspectorate is keen to ensure that the scoping process is used effectively, ensuring that the EIA process is proportionate. 2.1The Inspectorate understands that measures required in response to COVID-19 had consequences for Applicants ability to obtain relevant environmental information for the purposes of their assessment. 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. Schedule 2 development, likely to have significant effects on the environment by virtue of factors such as its nature, size or location. After determining the procedure, the Planning Inspectorate will allocate the case to an inspector when one is . We do not allow Google to use or share the data about how you use this site. 01/2009 and all the good practice advice notes which were also published by pins. The Advice Note has been updated to reflect requirements following the introduction of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 which came into force on 16th May 2017. This may provide a more effective consultation exercise. 6.5 Video or audio information should not be submitted except by prior agreement with the Inspectorate as it will not be certain that all interested parties involved will have the appropriate equipment to view the information. Nonetheless the Inspectorate has a duty to ensure that the applications and assessments necessary to inform a robust examination, recommendation or decision are supported by relevant and up to date information. Please note, this advice note refers to annexes in a separate document (PDF 226 KB). This advice note includes minor revisions made in response to emerging best practice on projects. For example, Applicants may choose to consult on preferred sites or solutions. 9.1 Regulation 14 of the EIA Regulations 2017 sets out the information which an ES accompanying a DCO application must include. Planning Inspectorate Published 1 January 2010 Last updated . 8.1 As part of their pre-application consultation duties, Applicants are required to prepare a Statement of Community Consultation (SoCC). Schedule 3 is only relevant to Schedule 2 projects). This advice note does not deal with the role of local authorities in the PA2008 process. This Advice Note makes reference to other Advice Notes. Advice Note Six: Preparation and submission of application documents (version 11), This advice note will assist applicants in preparing, organising and submitting applications to the Planning Inspectorate. 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. This might allow for refinement of options prior to making a formal request. 3.7 Applicants are also referred to the Planning Inspectorate's 'Prospectus for Applicants', which explains the service offered by the Planning Inspectorate to Applicants at the pre-application stage, including . 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. press.office@planninginspectorate.gov.uk. 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. Formatting changes were also applied. These Advice Notes are referred to in this . Introduction. Imprecise referencing with links to entire documents are usually unhelpful, and the need for clarification may cause delays in the process. It is possible that during the course of the pre-application process new information becomes available that may affect that decision. 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 has taken steps to keep this e-mail and any attachments free from viruses. 8.3 Legislation, regulations, policy, advice notes & useful documents (Neill Whittaker, Ivy Legal) 91 . Regulation 10(6) of the EIA Regulations. 5.13 Applicants should note that aspects/matters are not scoped out unless specifically confirmed as being scoped out by the scoping opinion. Advice Note Eleven: Working with public bodies in the infrastructure planning process Republished November 2017 (version 4). The Planning Inspectorate's job is to make decisions and provide recommendations and advice on a range of land use planning-related issues across England. Provision of PEI may assist in the identification of potential issues, enabling these to be addressed at an earlier stage in the pre-application consultation process. Status of this Advice Note. Advice Note 22 has been updated to clarify the notation that should be used with respect to a combined order. 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)).) Version 9 reflects changes in legislation, guidance and suggested ways of working. The Planning Inspectorate prefers an early indication of the intent to submit a notification/request preferably several months in advance of the actual request being made. Appendix 1 - Preparing the technical index to accompany an NSIP application. 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. a description of the Proposed Development, including its location and technical capacity; an explanation of the likely significant effects of the development on the environment; and. 4.4 More detailed information on EIA notification and consultation is set out in the Planning Inspectorates Advice Note 3. I have considered your request under the terms of the Freedom of Information Act 2000. Changes made to reflect the up to date practice in relation to s.53 authorisations, publication and other legislative change.
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