9.1 Regulation 14 of the EIA Regulations 2017 sets out the information which an ES accompanying a DCO application must include. 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 should include allowing time to consider and address comments from consultees including, if necessary, undertaking additional surveys and analysis. We use cookies to store information about how you use the the National Infrastructure site, such as the pages you visit. 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. Is there empirical evidence available to support the request? Consequently, all IPC advice notes have been republished by the Planning Inspectorate. 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. Advice Note Seven: Environmental Impact Assessment: Process Advice Note Seventeen: Cumulative effects assessmentPublished August 2019 (version 2). 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. Summary of this Advice Note It complements the advice provided in the Planning Inspectorate's Advice Note 9: Rochdale Envelope. List of planning inspectors - a Freedom of Information request to 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. Please note, this advice note refers to annexes in a separate document (PDF 226 KB). 9.5 The Planning Inspectorate acknowledges that the EIA process is iterative and includes public participation as an essential component. 3.9 The Planning Inspectorate also requests that whatever the route followed by the Applicant (request or notification) a GIS shapefile be prepared and submitted in accordance with the information contained at the subheading below Advance notice and GIS shapefile. Applicants should be aware that the level of detail provided in the PEI may influence the content of consultees responses. PDF Planning Act 2008: Guidance on the pre-application process - GOV.UK Planning and development 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 is aimed primarily at applicants and local authorities, however, it is also relevant to any consultee who may be interested to know how an applicants Pre-application consultation is reported. Update to confirm the need for applications to include information for the purposes of Habitats Regulations Assessment. Cookies are files saved on your phone, tablet or computer when you visit a website. 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. This Advice Note explains the Environmental Impact Assessment (EIA) process set out in the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (the EIA Regulations). It was first issued in 2012, and revised in 2018, but current policy is set out in the 2019 edition. 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. Updated to reflect ways of working noting circumstances of coronovirus (COVID-19). demonstrates that the information is sufficient to enable a reasoned conclusion to be reached. Update to annex to reflect the limit of file size that can be sent by email. 3.5 An EIA screening opinion adopted during the pre-application process will necessarily be based on currently available information provided by the Applicant. 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). 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 notes for rights of way casework. relevant features including environmental and planning constraints (eg designated areas on and around the site, such as national parks or historic landscapes). 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. The Planning Inspectorate requires Applicants to provide a GIS shapefile and requests notice of intended scoping requests (see below Advance notice and GIS shapefile). Schedule 2 development, likely to have significant effects on the environment by virtue of factors such as its nature, size or location. Section 14 on data protection has been amended and a new section Copyright and intellectual property has been added. Is there sufficient confidence in the avoidance or mitigation method in terms of deliverability and efficacy to support the request? 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. 5.13 Applicants should note that aspects/matters are not scoped out unless specifically confirmed as being scoped out by the scoping opinion. ask the Secretary of State to adopt a screening opinion in respect of the development to which the application relates (Regulation 8(1)(a)); or, notify the Secretary of State in writing that they propose to provide an ES in respect of that development (Regulation 8(1)(b)). We use cookies to collect information about how you use National Infrastructure Planning site. Monthly Official Statistics Background Quality Report 27 April 2023 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 See the Planning Inspectorate's Advice Notes 8.1 and 8.2 on how the process works and 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. Rights of way advice note 22: use of correct notation on order maps It accepts no liability for any loss or 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. 25 October . 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. Please note, this advice note refers to Appendix 1 and Appendix 2 as separate documents. For example, consultees may look for more or less technical information depending upon their interests. 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 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. Supersedes version 5, March 2015 (PINS, 2015). 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. (Further details of the suggested format for the transboundary screening matrix is provided in the Planning Inspectorates Advice Note 12 Transboundary Impact Consultation.) Details of any nonprescribed consultees (see below) will also be provided, if appropriate. 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 One: Local Impact Reports Republished April 2012 (version 2). Under that provision, the Secretary of State must notify and exchange information with other EEA states if it is of the view that the proposed development is likely to have significant effects on the environment in these states. Planning Policy Wales and related Technical Advice Notes set out a range of Welsh Government planning policies. This advice note has been republished in response to emerging best practice on projects. 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. Subjects. RTPI | Planning Enforcement Handbook for England Google Analytics sets cookies that store anonymised information about: Please enable Strictly Necessary Cookies first so that we can save your preferences! The Inspectorate considers that Applicants should make effort to agree their approach to the collection and presentation of information with relevant consultation bodies. Rights of Way Advice Note No 16 - Widths on Orders - GOV.UK 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. The EIA Regulations include transitional provisions for certain Proposed Developments. It is for the Applicant to satisfy themselves if a Proposed Development constitutes an NSIP in accordance with the PA2008. Regulation 10(6) of the EIA Regulations. 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. 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 was replaced as a non-prescribed consultation body by the Welsh Language Commissioner which now delivers this function. 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. It will be kept under review and updated when necessary. 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). 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. the Secretary of State has initiated the screening direction. The advice note was amended to remove the request for a tracked copy of the Draft DCO against the Model Provisions. We do not allow Google to use or share the data about how you use this site. Update to Advice Note to reflect DCLG Guidance on the pre-application process. 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. 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. Is there an impact pathway from the Proposed Development to the aspect/matter? This would facilitate the Secretary of States consideration under Regulation 32 of the EIA Regulations. Advice Note Four: Section 52 Republished March 2017 (version 6). (Amendment) Regulations 2020, Updated to establish policy regarding use of hyperlinks, Updated to reflect integration of short form transboundary screenings into the Scoping Opinion where appropriate, and some minor wording amendments, Updated to reflect development of Natural Englands strategic licensing for legally protected species. Check Pages 1-50 of March 2015 - Tidal Lagoon Cardiff EIA Scoping Report in the flip PDF version. 10.3 The Planning Inspectorate takes its data protection responsibilities for the information you provide us with very seriously. 8.2 PEI is defined in the EIA Regulations 2017 as: 8.3 information referred to in regulation 14(2) which . 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. If done well, it allows for an early identification of the likely significant effects applicable to the EIA Regulations (in particular Schedule 4) and also provides opportunity to agree where aspects and matters can be scoped out from further assessment. 6 Regulation 11 notification. 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. Consideration should be given towards the level of certainty and confidence attached to the information in order to aid the Planning Inspectorates decision. It also reflects updated arrangements for the consideration of transboundary effects in respect of nuclear NSIPs. This advice note does not deal with the role of local authorities in the PA2008 process. 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. 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. Advice Note Thirteen: Preparation of a draft Development Consent Order and Explanatory Memorandum Republished February 2019 (version 3). The Planning Inspectorate publish Advice Notes that applicants and others may find helpful, providing more detailed advice and information on the application process. 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. 10.4 We follow protocols set down by the Information Commissioners Office, further details of which can be found at www.ico.org.uk. Version 9 reflects changes in legislation, guidance and suggested ways of working. Changes made to reflect the up to date practice in relation to s.53 authorisations, publication and other legislative change. The Planning Inspectorate refers to aspects as meaning the relevant descriptions of the environment identified in accordance with the EIA Regulations. Email. View all Advice Notes. For example, Technical Advice Note 8 identifies parts of Wales for accommodating wind farms. The reasoned conclusion should take into account current knowledge and methods of assessment. 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. However, if the Applicant considers this to be appropriate (and more cost-effective) it can be presented in this way. 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. 6. challenging the decision to award costs . 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. Although it is not a statutory requirement, the Planning Inspectorate suggests that Applicants provide their scoping request information in the form of a scoping report including simple paragraph numbering to aid referencing. 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). Applicants should note that their formal statutory consultation under s42 of the PA2008 cannot start until one of the above actions has happened. Advice Note One is about the production of Local Impact Reports. Appendix 1 - Preparing the technical index to accompany an NSIP application. planning requirement or other legally binding method? We use Google Analytics to measure how you use the website so we can improve it based on user needs. 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 guidance booklet - GOV.UK This advice note has been revised in response to emerging best practice. Advice Note Fifteen: Drafting Development Consent Orders Republished July 2018 (version 2). (The relevant IPL can be reached by contacting the Planning Inspectorate Helpline on 0303 444 5000. 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. I can confirm the Planning Inspectorate holds this information. Advice Note Ten: Habitat Regulations Assessment relevant to Nationally Significant Infrastructure Projects Republished August 2022 (version 9). Subjects. Formatting changes, hyperlink on page 1 updated, typo corrected in appendix 1, In order listed in previous column: 2, 3, 3, 4, 3, 3. 6.6 Detailed information on the submission of application documents, including the ES, is provided in Advice Note 6. Advice on filming and recording at hearings and inquiries at para's 3.5.3 and 3.5.4 has been updated . This Advice Note forms part of a suite of such advice provided by the Planning Inspectorate available on our website. Sign up to receive email notifications when updates are made to the Planning Inspectorates advice notes and other important web content. In addition, should a high level of uncertainty remain around key design elements of the Proposed Development this is likely to limit the Planning Inspectorates ability to agree to scope out aspects/matters to enable the refinement of the ES. Please note, this advice note refers to annexes in a separate document (DOC 119 KB). 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 advice note sets out advice from the Planning Inspectorate on the preparation of the draft Development Consent Order (DCO). Rights of way advice notes - GOV.UK Advice Note Three: EIA Notification and Consultation 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. Download March 2015 - Tidal Lagoon Cardiff EIA Scoping Report PDF for free. It sets out practical ways in which local authority officers and members can participate in the process and manage resources effectively. The Planning Inspectorate has taken steps to keep this e-mail and any attachments free from viruses. PDF Appendix 3A Scoping Opinion Responses 5.7 An effective scoping process should enable the refinement of the assessment and ultimately the information required to form the ES. It is intended to assist local authorities with the form and content of these reports. Is the absence of likely significant adverse effects dependent upon proposed measures envisaged to avoid or prevent such effects? 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. Annex has been updated to reflect current practice. Advice Note Ten: Habitats Regulations Assessment relevant to nationally 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. Planning appeals: procedural guide - GOV.UK The Inspectorate will work closely with Applicants and relevant stakeholders notably our statutory consultation bodies in this regard.
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planning inspectorate advice note 7