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. 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). (Further details of the suggested format for the transboundary screening matrix is provided in the Planning Inspectorates Advice Note 12 Transboundary Impact Consultation.) Details relating to the information to be provided with a screening request. Please note, this advice note refers to annexes in a separate document (PDF 226 KB). If you are a journalist with an . 3 See the Planning Inspectorate's Advice Notes 8.1 and 8.2 on how the process works and Please note, this advice note refers to Appendix 1 and Appendix 2 as separate documents. Advice Note Seventeen: Cumulative effects assessmentPublished August 2019 (version 2). All references to Advice note 10 removed, AN10 has been retired. In addition, Regulation 14 of the EIA Regulations 2017 also identifies that the ES must include the information reasonably required for reaching a reasoned conclusion on the significant environmental effects. This advice note explains the roles of applicants, the appropriate agencies and the Secretary of State in meeting the requirements of The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, as applicable to Nationally Significant Infrastructure Projects under the Planning Act 2008. 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. 3.11 The Planning Inspectorate requests that the following information is shown on the plan sufficient to identify the land: 3.12 Where practical, the information should be included on a single plan. Rights of way advice note 9: general guidance to inspectors on public 6.2 The electronic copy should be a single file including all appendices and figures. Preparation and submission of application documents. 6.4 Any references made to relevant documents (eg a National Policy Statement, methodological guidance or other document which are to be relied on) should be made to the specific passage, policy or relevant part of the document. Status of this Advice Note. The Advice Note also provides advice to Applicants to support them with the successful completion of the process applicable to NSIPs. . 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. The advice note has been updated to reflect up to date practice in relation to requests to make a material change to an application. Advice Note Seven: Environmental Impact Assessment: Process Cookies are files saved on your phone, tablet or computer when you visit a website. Please note, this advice note refers to annexes in a separate document (DOC 119 KB). 9.5 The Planning Inspectorate acknowledges that the EIA process is iterative and includes public participation as an essential component. The Planning Inspectorate has published a series of advice notes that are intended to inform applicants, consultees, the public and others about a range of process matters in relation to the Planning Act 2008 (PA2008). It also addresses changes in industry good practice and other relevant guidance, to the extent that it is necessary, which affect the Planning Inspectorates recommended approach to the assessment of cumulative effects. Planning Inspectorate . 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). 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. The Planning Inspectorate may also consult the relevant non-prescribed consultation bodies (to be identified in accordance with Advice Note 3), who would also be given 28 days to respond. Annex to advice note 3 - The Construction Information Service Appendix 1 - Preparing the technical index to accompany an NSIP application. 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. 4.2 In accordance with Regulation 11(1)(b) of the EIA Regulations, the Planning Inspectorate will provide the Applicant with a list of the notified consultation bodies and any Regulation 11(1)(c) persons. 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. Introduction. It also reflects updated arrangements for the consideration of transboundary effects in respect of nuclear NSIPs. This advice note includes minor revisions made in response to emerging best practice on projects. 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. 8.4 There is no prescribed format as to what PEI should comprise and it is not expected to replicate or be a draft of the ES. The Planning Inspectorate requires Applicants to provide a GIS shapefile and requests notice of intended scoping requests (see below Advance notice and GIS shapefile). demonstrates that the information is sufficient to enable a reasoned conclusion to be reached. (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.). 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. 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? Summary of this Advice Note The purpose of this advice note is to provide advice on elements of the EIA process during the Pre-application stage, namely screening and scoping and to assist applicants in understanding the role of preliminary environmental information. This advice note does not deal with the role of local authorities in the PA2008 process. What DNS applications are currently in progress? This advice note has been updated to take into account changes occurring as a result of the introduction of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017. Advice Note Four: Section 52 Republished March 2017 (version 6). Section 14 on data protection has been amended and a new section Copyright and intellectual property has been added. This will enable the Planning Inspectorate to ensure that there is sufficient resource available to meet the required demand. Is there empirical evidence available to support the request? Planning Inspectorate - GOV.UK 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). 6.6 Detailed information on the submission of application documents, including the ES, is provided in Advice Note 6. 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 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. 10.4 We follow protocols set down by the Information Commissioners Office, further details of which can be found at www.ico.org.uk. 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. It also addresses points relating to the implementation of the Rochdale envelope for Nationally Significant Infrastructure Projects. 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 on filming and recording at hearings and inquiries at para's 3.5.3 and 3.5.4 has been updated . The Planning Inspectorate publish Advice Notes that applicants and others may find helpful, providing more detailed advice and information on the application process. 5.10 Ensuring that ESs are appropriately focused on aspects and matters where a likely significant effect may occur is essential. 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. For example, Technical Advice Note 8 identifies parts of Wales for accommodating wind farms. Advice Note Eleven: Working with public bodies in the infrastructure planning process Republished November 2017 (version 4). We use this information to make the website work as well as possible and improve government services. 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? 8.3 Legislation, regulations, policy, advice notes & useful documents (Neill Whittaker, Ivy Legal) 91 . 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). The Planning Inspectorate uses the term matters referring to those parts that are a subdivision of the aspect, for example an assessment of a particular species is a matter to the aspect of biodiversity. 7.3 At the same time as advance notice is given, a GIS shapefile should be provided to the Planning Inspectorate to identify the land for which the screening and/or scoping request is made. Regulation 11(1)(c) of the EIA Regulations requires the Planning Inspectorate to notify the Applicant of any such bodies, and it is the duty of the Applicant to include them in their consultation. Regulation 11(3) does not apply to Regulation 11(1)(c) persons or nonprescribed consultees. Is there sufficient confidence in the avoidance or mitigation method in terms of deliverability and efficacy to support the request? Planning Policy Wales and related Technical Advice Notes set out a range of Welsh Government planning policies. Email. This advice note provides advice for Applicants in relation to the Habitats Regulations. The Planning Inspectorate must adopt a screening opinion within 21 days of receiving a screening request (Regulation 8(8) of the EIA Regulations 2017). These essential cookies do things like protect the site against malicious use, Find out more about cookies on The National Infrastructure site. Check Pages 1-50 of March 2015 - Tidal Lagoon Cardiff EIA Scoping Report in the flip PDF version. Consequently, all IPC advice notes have been republished by the Planning Inspectorate. Applicants should avoid submitting requests with multiple and varied design and layout options. 6 May 2021 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. types and characteristics of the potential impacts. For example, Applicants may choose to consult on preferred sites or solutions. Planning control Planning and . 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. Advice Note Five: Section 53 Rights of entry RepublishedMarch 2017(version 6). ), Regulation 11 Notification and the Regulation 11 List. Are these measures capable of being appropriately defined in order to demonstrate their efficacy? However, because the information is already published and accessible to you, it is exempt under Section 21 of FOIA. 5.2 Further information on making a scoping request is provided in the Planning Inspectorate's Advice Note 7: Environmental Impact Assessment. 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)). 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. Details of any nonprescribed consultees (see below) will also be provided, if appropriate. It is for the Applicant to satisfy themselves if a Proposed Development constitutes an NSIP in accordance with the PA2008. Planning Inspectorate Published 1 January 2010 Last updated . the preparation of an ES or updated ES, as appropriate, by the Applicant; the carrying out of any consultation, publication and notification required under the Regulations or, as necessary, any other enactment in respect of EIA development; and. 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. 6.1 Applicants are required to provide an electronic copy of the screening/scoping request documents, this can be provided via a file sharing system (preferred), CD or other portable storage device. Cookies are files saved on your phone, tablet or computer when you visit a website. 5.5 The Planning Inspectorate must adopt a scoping opinion within 42 days of receiving a scoping request (electronic copy). Planning Inspectorate Published 1 March 2014 . 8.1 As part of their pre-application consultation duties, Applicants are required to prepare a Statement of Community Consultation (SoCC). It will be kept under review and updated when necessary. 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). 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. 5.8 Prior to submitting a scoping request, Applicants may choose to undertake their own non-statutory consultation with the consultation bodies, or others. Advice Note Eighteen: The Water Framework Directive 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. 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. A change register has now been published at the foot of this page to help those who regularly refer to our advice notes keep track of any changes, including when new advice notes are published. Please note, this advice note refers to annexes in a separate document (DOC 132 KB). For example, consultees may look for more or less technical information depending upon their interests. The order of the checklist has been revised to reflect the order in which s.55 (as amended) is presented. PDF Planning Act 2008: Guidance on the pre-application process - GOV.UK Advice Note Fourteen: Compiling the Consultation Report Republished February 2021 (version 3). Under the Localism Act 2011, the IPC is abolished with its work being transferred to the National Infrastructure Directorate, created within the Planning Inspectorate. Regulation 10(6) of the EIA Regulations. Annex has been updated to reflect current practice. Start letter and initial work.
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