planning inspectorate advice note 7 planning inspectorate advice note 7

4.2 In accordance with Regulation 11(1)(b) of the EIA Regulations, the Planning Inspectorate will provide the Applicant with a list of the notified consultation bodies and any Regulation 11(1)(c) persons. 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. Notes 2, 4, 7, 10, 13,17 and 18 have been withdrawn and are no longer used. 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. 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. Various edits and section 7.2 - 7.4 rewritten. 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. The order of the checklist has been revised to reflect the order in which s.55 (as amended) is presented. They are published to provide advice and information on a range of issues arising throughout the whole life of the application process. It is intended to assist local authorities with the form and content of these reports. Is there empirical evidence available to support the request? Appendix 1 - Preparing the technical index to accompany an NSIP application. 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 Planning Inspectorate is keen to ensure that the scoping process is used effectively, ensuring that the EIA process is proportionate. We use cookies to collect information about how you use National Infrastructure Planning site. Details of any nonprescribed consultees (see below) will also be provided, if appropriate. It also reflects updated arrangements for the consideration of transboundary effects in respect of nuclear NSIPs. Subjects. The Planning Inspectorate carries out certain functions related to national infrastructure planning on behalf of the Secretary of State. 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)).) Although requesting a scoping opinion of the Secretary of State is not a statutory requirement, the scoping opinion is an important document and the EIA Regulations require the ES to be based on the most recent one adopted (Regulation 14(3) of the EIA Regulations. 3 See the Planning Inspectorate's Advice Notes 8.1 and 8.2 on how the process works and 5.11 The Planning Inspectorate considers that suitable justification to support the scoping out of aspects and matters should include information to address the following questions: 5.12 Inclusion of information responding to the points above will increase the likelihood of the Planning Inspectorate being able to agree to any scoping out requests. 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. Cookies are files saved on your phone, tablet or computer when you visit a website. 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 Regulation specifies As far as the proposed development remains materially the same as the proposed development which was subject to that opinion). Planning Inspectorate Published 1 January 2010 Last updated . Advice Note Three: EIA consultation and notification Republished August 2017 (version 7). This might allow for refinement of options prior to making a formal request. Planning and development Regulation 11(3) does not apply to Regulation 11(1)(c) persons or nonprescribed consultees. The Planning Inspectorate refers to aspects as meaning the relevant descriptions of the environment identified in accordance with the EIA Regulations. It also addresses points relating to the implementation of the Rochdale envelope for Nationally Significant Infrastructure Projects. It complements the advice provided in the Planning Inspectorate's Advice Note 9: Rochdale Envelope. Appendices 1 and 2 also updated. 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. 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. 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. 1 December 2011. Please note, this advice note refers to Appendix 1 and Appendix 2 as separate documents. Advice Note Sixteen: Requests to change applications after they have been accepted for examination Published March 2023 (version 3). 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). This is a new Advice Note. View all Advice Notes. 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. EIA screening opinion (Regulation 8(1)(a)). 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)). After determining the procedure, the Planning Inspectorate will allocate the case to an inspector when one is . This is done in a fair, open and timely . Advice Note Two: The role of local authorities in the development consent process Published February 2015 (version 1). Thank you for your email, requesting information from the Planning Inspectorate. The screening opinion must include written reasons for the Planning Inspectorates decision on whether or not the Proposed Development is EIA development. planning requirement or other legally binding method? 6. challenging the decision to award costs . Updated to reflect legislative changes from the Infrastructure Planning Environmental Impact Assessment Regulations 2017, the Conservation of Habitats and Species Regulations 2017 and the Conservation of Offshore Marine Habitats and Species Regulations 2017. changes to reflect the coming into force of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017. 5.7 An effective scoping process should enable the refinement of the assessment and ultimately the information required to form the ES. It accepts no liability for any loss or This advice note provides advice for Applicants in relation to the Habitats Regulations. Advice Note Five: Section 53 Rights of entry RepublishedMarch 2017(version 6). Applicants may find it useful to provide more than one version of PEI depending upon whom they are consulting. The reconsideration at acceptance will need to take into account any new information that is material to the screening decision. Therefore, Applicants will need to consider carefully the timing involved as it has the potential to affect the delivery programme of the Proposed Development. You can find more information on our privacy page. Updated to reflect ways of working noting circumstances of coronovirus (COVID-19). 01/2009 and all the good practice advice notes which were also published by pins. Where this occurs, Applicants should consider submitting a new screening request to the Planning Inspectorate. (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.). 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. 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. Formatting changes were also applied. Advice notes which deal with the PA2008 process are non-statutory. 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. Schedule 2 development, likely to have significant effects on the environment by virtue of factors such as its nature, size or location. 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. (Further details of the suggested format for the transboundary screening matrix is provided in the Planning Inspectorates Advice Note 12 Transboundary Impact Consultation.) 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. Find more similar flip PDFs like March 2015 - Tidal Lagoon Cardiff EIA Scoping Report. 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. Press office. This Advice Note forms part of a suite of such advice provided by the Planning Inspectorate available on our website. 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). Section 14 on data protection has been amended and a new section Copyright and intellectual property has been added. These essential cookies do things like protect the site against malicious use, Find out more about cookies on The National Infrastructure site. Minor amendments to inform about a standard set of Protective Provisions and update climate change information. 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)). 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. 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information about interests in land (Planning Act 2008), Advice note Five: Section 53 Rights of Entry (Planning Act 2008), Advice Note Six: Preparation and submission of application documents, Advice Note Six, Appendix One Preparing the application index to accompany an NSIP application, Advice Note Seven: Environmental Impact Assessment: Process, Preliminary Environmental Information and Environmental Statements, Advice Note Eight: Overview of the nationally significant infrastructure planning process for members of the public and others, Advice Note 8.1: Responding to the developers pre-application consultation, Advice Note 8.2: How to register to participate in an Examination, Advice Note 8.3 Influencing how an application is Examined: the Preliminary Meeting, Advice Note 8.5: The Examination: hearings and site inspections, Advice Note 8.6: Virtual examination events, Advice Note Ten: Habitats Regulations Assessment relevant to nationally significant infrastructure projects, Advice Note Eleven: Working with public bodies in the infrastructure planning process, Advice Note Eleven, Annex A Cyfoeth Naturiol Cymru / Natural Resources Wales, Advice Note Eleven, Annex B Marine Management Organisation, Advice Note Eleven, Annex C Natural England and the Planning Inspectorate, Advice Note Eleven, Annex D Environment Agency, Advice Note Eleven, Annex E: Working with public bodies in the infrastructure planning process Historic England, Advice Note Eleven, Annex F Nuclear Regulators, Advice Note Eleven, Annex G The Health and Safety Executive, Advice Note Eleven, Annex H Evidence Plans for Habitats Regulations Assessments of Nationally Significant Infrastructure Projects, Advice Note Twelve: Transboundary Impacts and Process, Advice note thirteen: Preparation of a draft order granting development consent and explanatory memorandum, Advice Note Fourteen: Compiling the Consultation Report, Advice Note Fifteen: Drafting Development Consent Orders, Advice Note Sixteen: Requests to change applications after they have been accepted for examination, Advice Note Seventeen: Cumulative effects assessment relevant to nationally significant infrastructure projects, Advice Note Eighteen: The Water Framework Directive. Is the impact likely to be on a scale that may result in significant effects to the aspect/matter? Further advice can be found in the 'Relationship with environmental impact assessment (EIA)' section of this advice note. Where the transitional provisions are met, the Infrastructure Planning 2009 Environmental Impact Assessment (EIA) Regulations (as amended) continue to apply (see Transitional Provisions below).