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. This advice note includes minor revisions made in response to emerging best practice on projects. These essential cookies do things like protect the site against malicious use, Find out more about cookies on The National Infrastructure site. 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. 8.8 In order to clarify the role of PEI to consultees, the Planning Inspectorate recommends that Applicants clearly explain that the information is preliminary; that the Applicant is actively seeking consultees comments and that there will be the opportunity for both the design of the Proposed Development and the EIA to take into consideration any comments received through this consultation. 1.1 The EIA Regulations determine that EIA development means a development which is either . 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 . This requirement is reflected in the DCO Application Form under Section 14(c) where the Applicant is asked to identify whether notification has been given to these bodies. This Advice Note seeks to provide: a brief description of the legal context and obligations placed on an applicant, with respect to cumulative effects under national planning policy and the EIA Regulations (the Planning Inspectorate's Advice . 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. Planning Inspectorate Published 1 January 2010 Last updated . 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. Update to annex to reflect the limit of file size that can be sent by email. The Inspectorate considers that Applicants should make effort to agree their approach to the collection and presentation of information with relevant consultation bodies. 5.5 The Planning Inspectorate must adopt a scoping opinion within 42 days of receiving a scoping request (electronic copy). 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). Please note, this advice note refers to Appendix 1 and Appendix 2 as separate documents. This advice note has been revised in response to emerging best practice and to clarify the duties on the Secretary of State and the role of the European Economic Area Member States and the Planning Inspectorate in the process. Minor amendments to inform about a standard set of Protective Provisions and update climate change information. We do not allow Google to use or share the data about how you use this site. Advice Note Eight: Overview of the nationally significant infrastructure planning process for members of the public and othersPublished December 2016. Planning Inspectorate . 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. Advice Note Two: The role of local authorities in the development consent process Published February 2015 (version 1). The Planning Inspectorate is keen to ensure that the scoping process is used effectively, ensuring that the EIA process is proportionate. Advice notes for rights of way casework. Google Analytics sets cookies that store anonymised information about: Please enable Strictly Necessary Cookies first so that we can save your preferences! 31 December 2021. We use cookies to store information about how you use the the National Infrastructure site, such as the pages you visit. For example, Applicants may choose to consult on preferred sites or solutions. 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.". 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)). Consequently, all IPC advice notes have been republished by the Planning Inspectorate. The purpose of this Advice Note is to provide information to applicants about how to request a change to an application after it has been accepted, and before the close of the Examination. Planning and development Introduction. It accepts no liability for any loss or 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. Applicants are strongly encouraged to invest time and effort in both statutory and nonstatutory EIA consultation exercises. AN7 and its annexes provide guidance on EIA processes during the preapplication stages 7.2 In addition, the Planning Inspectorate requests that an advance notification from Applicants of an impending screening and/or scoping request is made and recommends that a minimum notice of ten working days is given. Advice Note Eleven: Working with public bodies in the infrastructure planning process Republished November 2017 (version 4). Applicants should avoid submitting requests with multiple and varied design and layout options. This should include allowing time to consider and address comments from consultees including, if necessary, undertaking additional surveys and analysis. 3 See the Planning Inspectorate's Advice Notes 8.1 and 8.2 on how the process works and Press office is open from 09:00 to 17:00 on Monday to Friday, except bank holidays. 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. It also reflects the views, on DCO drafting matters, of those government departments that are most involved in the consenting of DCOs. The justification should be evidence based and have reference to the assessment process. The order of the checklist has been revised to reflect the order in which s.55 (as amended) is presented. 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. The reconsideration at acceptance will need to take into account any new information that is material to the screening decision. the Secretary of State has initiated the screening direction. Details relating to the information to be provided with a screening request. The Planning Inspectorate recommends that the methodologies for baseline data collection, identifying Before adopting a scoping opinion, the Planning Inspectorate must consult the consultation bodies, who have 28 days to respond (Regulation 10(11) of the EIA Regulations). The reasoned conclusion should take into account current knowledge and methods of assessment. 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. 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.) 8.1 As part of their pre-application consultation duties, Applicants are required to prepare a Statement of Community Consultation (SoCC). The Planning Inspectorate determines the appeal procedure after inviting the views of the parties. To find out more about how we use and manage your personal data, please go to our privacy notice. Advice Note Eight has been produced in six sections and aims to take you step by step through the planning process for Nationally Significant Infrastructure Projects: Advice Note Nine: Rochdale Envelope RepublishedJuly 2018 (version 3). View all Advice Notes. 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. Schedule 2 development, likely to have significant effects on the environment by virtue of factors such as its nature, size or location. planning requirement or other legally binding method? 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. 3.16 Applicants are advised to consider the following questions in respect of their Proposed Development before making a screening request: 3.17 If the answer to any of questions 1-5 above is no or dont know then Applicants should consider carefully whether the timing of the screening request is appropriate. 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? Preparation and submission of application documents. If you are a journalist with an . 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 . The advice note also introduces and explains the use of Water Framework Directive overview matrices [see Appendix 1] prepared by thePlanningInspectorate. Applicants may find it useful to provide more than one version of PEI depending upon whom they are consulting. . The information provided in the PEI should be accessible yet meet consultees different needs. 7. 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). Is there sufficient detail and certainty regarding the location and characteristics of the Proposed Development? The Regulation specifies As far as the proposed development remains materially the same as the proposed development which was subject to that opinion). Please note, this advice note refers to annexes in a separate document (DOC 119 KB). The Advice Note has been updated to reflect changes in legislation and new ways of working including the submission of electronic only applications. Planning Inspectorate Published 1 March 2014 . The Planning Inspectorate will agree to scope out, from the need for further assessment, aspects and matters where it is appropriate to do so. 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. 5.8 Prior to submitting a scoping request, Applicants may choose to undertake their own non-statutory consultation with the consultation bodies, or others. The advice note was amended to remove the request for a tracked copy of the Draft DCO against the Model Provisions. Further advice can be found in the 'Relationship with environmental impact assessment (EIA)' section of this advice note. The Planning Inspectorate carries out certain functions related to national infrastructure planning on behalf of the Secretary of State. This Advice Note makes reference to other Advice Notes. press.office@planninginspectorate.gov.uk. I have considered your request under the terms of the Freedom of Information Act 2000. March 2015 - Tidal Lagoon Cardiff EIA Scoping Report was published by Dean Bailes on 2015-03-02. 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. Advice Note Two seeks to provide advice about the important role of local authorities at different stages of the Planning Act 2008 process. 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). The Planning Inspectorate requires Applicants to provide a GIS shapefile and requests notice of intended scoping requests (see below Advance notice and GIS shapefile). 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. Supersedes Annex to advice note 3 (PINS, 2015). 5.7 An effective scoping process should enable the refinement of the assessment and ultimately the information required to form the ES. 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. This advice note should be read in conjunction with the supporting annexes found below: Advice Note Twelve: Transboundary Impacts and Process Republished December 2020 (version 6). (Amendment) Regulations 2020 on 31 December 2020. 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. 4.4 More detailed information on EIA notification and consultation is set out in the Planning Inspectorates Advice Note 3. Formatting changes, hyperlink on page 1 updated, typo corrected in appendix 1, In order listed in previous column: 2, 3, 3, 4, 3, 3. 5.9 Applicants should consider carefully the best time to request a scoping opinion. 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). 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. the procedural advice issued by the planning inspectorate 4. procedural challenges by way of judicial review: 5. the decision by the secretary of state not to call in a planning application. You can find more information on our privacy page. Planning control Planning and . 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. 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)).) More detailed advice in respect of these points is provided in Annex 1. 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. Advice notes which deal with the PA2008 process are non-statutory. 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. 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. late scoping consultation responses received after the statutory deadline. 3.5 An EIA screening opinion adopted during the pre-application process will necessarily be based on currently available information provided by the Applicant. The Planning Inspectorate must adopt a screening opinion within 21 days of receiving a screening request (Regulation 8(8) of the EIA Regulations 2017). Do relevant statutory consultees agree with the request? Please note, this advice note refers to annexes in a separate document (PDF 226 KB). It seeks to provide advice about the format and content of the Consultation Report. Find more similar flip PDFs like March 2015 - Tidal Lagoon Cardiff EIA Scoping Report. 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. The Inspectorate is required to take into account the advice it receives from the statutory consultation bodies and will continue to do so in this regard. Revisions in the light of emerging practice. 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. Experience to date has shown that Applicants and others welcome detailed advice on a number of aspects of the PA2008 system. 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). Planning Policy Wales and related Technical Advice Notes set out a range of Welsh Government planning policies. Advice Note One is about the production of Local Impact Reports. 5.2 Further information on making a scoping request is provided in the Planning Inspectorate's Advice Note 7: Environmental Impact Assessment. Under the Localism Act 2011, the IPC is abolished with its work being transferred to the National Infrastructure Directorate, created within the Planning Inspectorate. Minor changes to wording in appendices for added clarity. 5.1 Regulation 10(1) of the EIA Regulations allows a person who proposes to make an application for an order granting development consent to ask the Secretary of State to state in writing its opinion as to the scope and level of detail of the information to be provided in the ES. It will be kept under review and updated when necessary. This advice note provides advice for Applicants in relation to the Habitats Regulations. 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. 3.6 When an application is received that is not accompanied by an ES, the Planning Inspectorate will again consider the extent to which the Proposed Development is/is not EIA development. 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. 6.3 The main body of text in reports should have a minimum font size of 12pt using a clear font such as Arial or Verdana (for further information refer to Royal National Institute for the Blinds clear print design guidelines). It also addresses points relating to the implementation of the Rochdale envelope for Nationally Significant Infrastructure Projects. It also explains the involvement of the applicant in the process. We use cookies to store information about how you use the the National Infrastructure site, such as the pages you visit. Consequently, all IPC advice notes have been republished by the Planning Inspectorate. is reasonably required for the consultation bodies to develop an informed view of the likely significant environmental effects of the development (and of any associated development) (Regulation 12(2)(b) of the EIA Regulations 2017). Thank you for your email, requesting information from the Planning Inspectorate. These Advice Notes are referred to in this . 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. 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). This advice note has been revised in response to emerging best practice. Update to reflect the division of English Heritage into two bodies, English Heritage and Historic England, with Historic England taking the role of statutory advisor, with effect from April 2015.