planning inspectorate advice note 7

It also addresses points relating to the implementation of the Rochdale envelope for Nationally Significant Infrastructure Projects. 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. The Planning Inspectorate carries out certain functions related to national infrastructure planning on behalf of the Secretary of State. 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. Subjects. Advice Note Three: EIA consultation and notification Republished August 2017 (version 7). (Amendment) Regulations 2020 on 31 December 2020. 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. The Inspectorate's website includes a list of all DNS projects and the stage that they . Email. The Planning Inspectorate refers to aspects as meaning the relevant descriptions of the environment identified in accordance with the EIA Regulations. Minor amendments to inform about a standard set of Protective Provisions and update climate change information. 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). 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). 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. Advice Note Thirteen: Preparation of a draft Development Consent Order and Explanatory Memorandum Republished February 2019 (version 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. The minimum information that Applicants must provide with a screening request is set out in the EIA Regulations in Regulation 8(3). It is important that the information is compiled in a way that is conducive to this intent. 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. It will be kept under review and updated when necessary. Applicants should note that their formal statutory consultation under s42 of the PA2008 cannot start until one of the above actions has happened. Applicants should avoid submitting requests with multiple and varied design and layout options. 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. 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. 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. 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. However, because the information is already published and accessible to you, it is exempt under Section 21 of FOIA. I can confirm the Planning Inspectorate holds this information. These Advice Notes are referred to in this . The developers pre-application consultation, publicity and notification duties (version 1 April 2012) was retired. This advice note has been revised in response to emerging best practice. 1 December 2011. Planning Policy Wales and related Technical Advice Notes set out a range of Welsh Government planning policies. 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. 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. This advice note does not deal with the role of local authorities in the PA2008 process. 31 December 2021. 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. We do not allow Google to use or share the data about how you use this site. Advice Note 11 has advice on working with public bodies in the pre-application stage which may assist with these decisions. All references to Advice note 10 removed, AN10 has been retired. Applicants may find it useful to provide more than one version of PEI depending upon whom they are consulting. 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). The reasoned conclusion should take into account current knowledge and methods of assessment. This Advice Note makes reference to other Advice Notes. The advice note has been updated to reflect up to date practice in relation to requests to make a material change to an application. This will enable the Planning Inspectorate to ensure that there is sufficient resource available to meet the required demand. 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. 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 Published 1 December 2011 . This will enable the Planning Inspectorate to allocate resources to deal with the request and enable the Planning Inspectorate to identify the consultation bodies in advance of receiving the request thus ensuring a timely start. 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. 3 See the Planning Inspectorate's Advice Notes 8.1 and 8.2 on how the process works and 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 Inspectorate has also developed long and short form proformas for the consideration of transboundary impacts reflecting that not all NSIPs pose the same risk of transboundary impacts. 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). 5.9 Applicants should consider carefully the best time to request a scoping opinion. 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. 8.1 As part of their pre-application consultation duties, Applicants are required to prepare a Statement of Community Consultation (SoCC). Status of this Advice Note. In order to support the Planning Inspectorate with this aim, Applicants should ensure that their requests include sufficient justification for scoping aspects/matters out. We use cookies to collect information about how you use National Infrastructure Planning site. It also provides advice to Interested Parties and others about how to engage in the process when a change to an application is proposed. 1.1. 9.2 The requirements of Schedule 4 of the EIA Regulations 2017 will be considered carefully by the Planning Inspectorate at the point of a DCO application to ensure that any accompanying ES is adequate and complies with the EIA Regulations. It accepts no liability for any loss or Therefore, Applicants that provide notification under Regulation 8(1)(b) should include the information specified in Regulation 8(3), detailed above in Insert 1. Download March 2015 - Tidal Lagoon Cardiff EIA Scoping Report PDF for free. Please note, this advice note refers to annexes in a separate document (DOC 132 KB). EIA screening opinion (Regulation 8(1)(a)). Press office. 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. Appendix 1 - Preparing the technical index to accompany an NSIP application. Supersedes Annex to advice note 3 (PINS, 2015). Planning and development This Advice Note forms part of a suite of such advice provided by the Planning Inspectorate available on our website. 6.6 Detailed information on the submission of application documents, including the ES, is provided in Advice Note 6. Planning Inspectorate . Update to annex to reflect the limit of file size that can be sent by email. late scoping consultation responses received after the statutory deadline. 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. 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. 5.13 Applicants should note that aspects/matters are not scoped out unless specifically confirmed as being scoped out by the scoping opinion. However, if this cannot be avoided and options remain under consideration (for example a number of route corridors associated with a proposed linear development), Applicants should be aware that this may affect the ability of the Planning Inspectorate and consultation bodies to provide detailed comments. If you are a journalist with an . A number of applicants have sought advice on the degree of flexibility that would be considered appropriate with regards to an application for a Nationally Significant Infrastructure Project under the PA2008 regime. It was replaced as a non-prescribed consultation body by the Welsh Language Commissioner which now delivers this function. The Planning Inspectorate will agree to scope out, from the need for further assessment, aspects and matters where it is appropriate to do so. March 2015 - Tidal Lagoon Cardiff EIA Scoping Report was published by Dean Bailes on 2015-03-02. Please note, this advice note refers to annexes in a separate document (DOC 119 KB). Minor updates were made to information in the advice note in response to some industry developments, and clarifications were also made throughout the text in particular in relation to how applicants should prepare their information during the pre-application stage. 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. 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. 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. 5.2 Further information on making a scoping request is provided in the Planning Inspectorate's Advice Note 7: Environmental Impact Assessment. Advice notes which deal with the PA2008 process are non-statutory. 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. 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. It is intended to assist local authorities with the form and content of these reports. Summary of this Advice Note relevant features including environmental and planning constraints (eg designated areas on and around the site, such as national parks or historic landscapes). 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? Details relating to the information to be provided with a screening request. Press office is open from 09:00 to 17:00 on Monday to Friday, except bank holidays. 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). 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. View all 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. 5.7 An effective scoping process should enable the refinement of the assessment and ultimately the information required to form the ES. This advice note has been prepared to provide some assistance to applicants when preparing their draft Development Consent Order and Explanatory Memorandum. Is there empirical evidence available to support the request? at what stage in the design process the consultation is carried out; the complexity of the Proposed Development and the receiving environment. 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.". Is there reasonable confidence that there will not be substantial changes to the information above which may affect any outcome in consideration of likely significant effects? 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. 1.1 The EIA Regulations determine that EIA development means a development which is either . Annex has been updated to reflect current practice. Advice Note Seventeen: Cumulative effects assessmentPublished August 2019 (version 2). 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. Section 14 on data protection has been amended and a new section Copyright and intellectual property has been added. 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. 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. 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 Advice Note has been updated to reflect changes in legislation and new ways of working including the submission of electronic only applications. 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. 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. Could the impact contribute cumulatively with other impacts to result in significant effects to the aspect/ matter? The order of the checklist has been revised to reflect the order in which s.55 (as amended) is presented. 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 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. This might allow for refinement of options prior to making a formal request. It also explains the involvement of the applicant in the process. Applicants are strongly encouraged to invest time and effort in both statutory and nonstatutory EIA consultation exercises. 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. Regulation 10(6) of the EIA Regulations. 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. Applicants should be aware that the level of detail provided in the PEI may influence the content of consultees responses. 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. 5.8 Prior to submitting a scoping request, Applicants may choose to undertake their own non-statutory consultation with the consultation bodies, or others. If more than one plan is required, the plans should be at the same scale with an overview plan provided (as appropriate). To find out more about how we use and manage your personal data, please go to our privacy notice. The Planning Inspectorate recommends that any non-statutory consultation is undertaken in advance of the formal process to avoid any overlap with the Planning Inspectorates statutory scoping consultation process. Updated Application Index and corresponding information in Appendix 1. 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 . 2.2 The Inspectorate understands that conducting specific surveys and obtaining representative data for some aspects of the environment may still be difficult in the post pandemic period. 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. 7.1 The Planning Inspectorate requests that advance notice is given prior to making any screening/scoping request. 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. It is possible that during the course of the pre-application process new information becomes available that may affect that decision. Under the Localism Act 2011, the IPC is abolished with its work being transferred to the National Infrastructure Directorate, created within the Planning Inspectorate. This should include allowing time to consider and address comments from consultees including, if necessary, undertaking additional surveys and analysis. 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). The Inspectorate considers that Applicants should make effort to agree their approach to the collection and presentation of information with relevant consultation bodies. Check Pages 1-50 of March 2015 - Tidal Lagoon Cardiff EIA Scoping Report in the flip PDF version. 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. Planning Inspectorate Published 1 March 2014 . 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). National planning policy The National Planning Policy Framework (NPPF) sets out the government's planning policies, and how they are expected to be applied. 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. 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. They are published to provide advice and information on a range of issues arising throughout the whole life of the application process.

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