planning inspectorate advice note 7

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. Update to annex to reflect the limit of file size that can be sent by email. AN7 and its annexes provide guidance on EIA processes during the preapplication stages Consequently, all IPC advice notes have been republished by the Planning Inspectorate. PDF Planning Act 2008: Guidance on the pre-application process - GOV.UK at what stage in the design process the consultation is carried out; the complexity of the Proposed Development and the receiving environment. . Subjects. Advice Note 8 includes an overview of the PA2008 system and is particularly helpful in this regard. 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. 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. 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. 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. Minor amendments made to clarify the interaction and timings of the DCO process and the Environment Agencys environmental permitting regime. an outline of the structure of the proposed ES. 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). 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.) The developers pre-application consultation, publicity and notification duties (version 1 April 2012) was retired. Is the absence of likely significant adverse effects dependent upon proposed measures envisaged to avoid or prevent such effects? 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). It seeks to provide advice about the format and content of the Consultation Report. Formatting changes, hyperlink on page 1 updated, typo corrected in appendix 1, In order listed in previous column: 2, 3, 3, 4, 3, 3. 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? Whilst this Advice Note is aimed primarily at Applicants, it should also be helpful for other persons involved in the PA2008 system. In order to support the Planning Inspectorate with this aim, Applicants should ensure that their requests include sufficient justification for scoping aspects/matters out. 8.1 As part of their pre-application consultation duties, Applicants are required to prepare a Statement of Community Consultation (SoCC). 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. 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)). 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. 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. Advice Note Two: The role of local authorities in the development consent process Published February 2015 (version 1). The advice note has been updated to reflect up to date practice in relation to requests to make a material change to an application. We use this information to make the website work as well as possible and improve government services. Advice notes | National Infrastructure Planning - Abode Group It has no statutory status. 3.5 An EIA screening opinion adopted during the pre-application process will necessarily be based on currently available information provided by the Applicant. 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. The Inspectorate's website includes a list of all DNS projects and the stage that they . It also reflects the views, on DCO drafting matters, of those government departments that are most involved in the consenting of DCOs. For example, consultees may look for more or less technical information depending upon their interests. 7. 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. Is there empirical evidence available to support the request? 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. Monthly Official Statistics Background Quality Report 27 April 2023 Details relating to the information to be provided with a screening request. Advice Note 16 How to request a change which may be material (version 1 July 2015) replaces the previous version of Advice Note 16. 1.8 Regulation 37 of the EIA Regulations sets out the circumstances where the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (the EIA Regulations 2009) continue to apply. 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). Schedule 2 development, likely to have significant effects on the environment by virtue of factors such as its nature, size or location. Advice Note Three: EIA Notification and Consultation Applicants screening and scoping requests made to the Planning Inspectorate; any additional screening and scoping information requested by the Planning Inspectorate and submitted by the Applicant; the Planning Inspectorates screening opinion(s); the Planning Inspectorates scoping opinion(s) including all consultation responses received within the statutory deadline; and. 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. 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. The reconsideration at acceptance will need to take into account any new information that is material to the screening decision. 10.3 The Planning Inspectorate takes its data protection responsibilities for the information you provide us with very seriously. Supersedes Annex to advice note 3 (PINS, 2015). Recipients should note that e-mail traffic on Planning Inspectorate systems is subject to monitoring, recording and auditing to secure the effective operation of the system and for other lawful purposes. 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. The minimum information that Applicants must provide with a screening request is set out in the EIA Regulations in Regulation 8(3). Download March 2015 - Tidal Lagoon Cardiff EIA Scoping Report PDF for free. Please note, this advice note refers to. 5.7 An effective scoping process should enable the refinement of the assessment and ultimately the information required to form the ES. 6 (annex: Preparing the technical index to accompany an NSIP application). Please contact the National Infrastructure case team for further information and advice on this matter. 8.7 Applicants should consider carefully whether publication of the PEI at a more advanced stage in the design process of the NSIP, where more detailed information is known about the Proposed Development and its environmental effects, would generate more detailed responses and so better inform the design of the Proposed Development and their EIA. 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. 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. 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)).) View all Advice Notes. (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.). 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. Advice notes for rights of way casework. 6. challenging the decision to award costs . 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. Planning Policy Wales and related Technical Advice Notes set out a range of Welsh Government planning policies. (R10. 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. 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. Details of any nonprescribed consultees (see below) will also be provided, if appropriate. 9.1 Regulation 14 of the EIA Regulations 2017 sets out the information which an ES accompanying a DCO application must include. What DNS applications are currently in progress? 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 . 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. 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. 5.10 Ensuring that ESs are appropriately focused on aspects and matters where a likely significant effect may occur is essential. Update to confirm the need for applications to include information for the purposes of Habitats Regulations Assessment. 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 . However, if the Applicant considers this to be appropriate (and more cost-effective) it can be presented in this way. The Inspectorate will work closely with Applicants and relevant stakeholders notably our statutory consultation bodies in this regard. National planning policy The National Planning Policy Framework (NPPF) sets out the government's planning policies, and how they are expected to be applied. I have considered your request under the terms of the Freedom of Information Act 2000. This should include allowing time to consider and address comments from consultees including, if necessary, undertaking additional surveys and analysis. These circumstances are when, before the commencement of the EIA Regulations 2017, one of the following has taken place: 1.9 Applicants should refer to the previous version (Version 5) of this Advice Note for developments where the 2009 EIA Regulations continue to apply. Regulation 11(3) does not apply to Regulation 11(1)(c) persons or nonprescribed consultees. 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. 8.2 PEI is defined in the EIA Regulations 2017 as: 8.3 information referred to in regulation 14(2) which . Annex to Advice Note 7 December 2017 Version 1 best practice used to inform the assessment. The purpose of this advice note is to clarify the Planning Inspectorate's position on the need for widths to be shown on all public path, definitive map and rail crossing . Could the impact contribute cumulatively with other impacts to result in significant effects to the aspect/ matter? demonstrates that the information is sufficient to enable a reasoned conclusion to be reached. Changes made to reflect the up to date practice in relation to s.53 authorisations, publication and other legislative change. Compiling the Consultation Report has been updated to reflect emerging best practice and lessons learned since the original Advice Note 14 was published in 2014. However, because the information is already published and accessible to you, it is exempt under Section 21 of FOIA. 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. 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. These essential cookies do things like protect the site against malicious use, Find out more about cookies on The National Infrastructure site. 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 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. This advice note includes minor revisions made in response to emerging best practice on projects. It sets out practical ways in which local authority officers and members can participate in the process and manage resources effectively. In particular, the note addresses the procedures for EIA screening and scoping; notification and consultation; matters relating to the production of Preliminary Environmental Information (PEI) and the preparation of Environmental Statements (ES). Advice Note Thirteen: Preparation of a draft Development Consent Order and Explanatory Memorandum Republished February 2019 (version 3). It also explains the involvement of the applicant in the 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. 9.5 The Planning Inspectorate acknowledges that the EIA process is iterative and includes public participation as an essential component. The Planning Inspectorate is keen to ensure that the scoping process is used effectively, ensuring that the EIA process is proportionate. a person notifies the Secretary of State in writing under regulation 8(1)(b) that they propose to provide an ES in respect of the Proposed Development; the Secretary of State or an Examining Authority adopts a screening opinion to the effect that the development is EIA development; or. The EIA Regulations include transitional provisions for certain Proposed Developments. Cookies are files saved on your phone, tablet or computer when you visit a 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). Recipients should note that e-mail traffic on Planning Inspectorate systems is subject to monitoring, recording and auditing to secure the effective operation of the system and for other lawful purposes. 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. The reasoned conclusion should take into account current knowledge and methods of assessment. (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. Is there sufficient detail and certainty regarding the location and characteristics of the Proposed Development? The screening opinion must include written reasons for the Planning Inspectorates decision on whether or not the Proposed Development is EIA development. 8.3 Legislation, regulations, policy, advice notes & useful documents (Neill Whittaker, Ivy Legal) 91 . It also provides advice to Interested Parties and others about how to engage in the process when a change to an application is proposed. Advice Note Seven: Environmental Impact Assessment: Process Applicants should note that their formal statutory consultation under s42 of the PA2008 cannot start until one of the above actions has happened. Is there sufficient confidence in the avoidance or mitigation method in terms of deliverability and efficacy to support the request? 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. Preparation and submission of application documents. We use cookies to collect information about how you use National Infrastructure Planning site. 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). 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. 5.8 Prior to submitting a scoping request, Applicants may choose to undertake their own non-statutory consultation with the consultation bodies, or others. 31 December 2021. 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. 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 would facilitate the Secretary of States consideration under Regulation 32 of the EIA Regulations. Cookies are files saved on your phone, tablet or computer when you visit a website. 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. The Inspectorate will adopt a flexible approach, balancing the requirement for suitable rigour and scientific certainty in assessments, examinations, recommendations and decisions with pragmatism noting the ongoing need to support the preparation and determination of applications in a timely fashion. Update to reflect the formation of Natural Resources Wales, which resulted from the merger of the Countryside Council for Wales, Environmental Agency Wales and Forestry Commission Wales, with effect from April 2013. 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. In order to gain the most benefit, Applicants should consider requesting the opinion once there is sufficient certainty about the design of the Proposed Development and the main design elements likely to have a significant environmental effect.

Where Is Billy Brown Buried, Cesare Beccaria Contribution To Criminology, Texas Roadhouse Server Daily Quiz Day 2, Articles P