The Planning Inspectorate must take into account the information provided by Applicants, the results of any relevant EU environmental assessment reasonably available, and relevant criteria in Schedule 3 to the EIA Regulations (Regulation 9 and Schedule 3 of the EIA Regulations. We do not allow Google to use or share the data about how you use this site. View all Advice Notes. 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. 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. 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. I can confirm the Planning Inspectorate holds this information. The Advice Note has been updated to reflect changes in legislation and new ways of working including the submission of electronic only applications. Regulation 10(6) of the EIA Regulations. 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. We also publish good practice advice notes and other guidance relating to planning appeals and other casework under the Town and Country Planning Act 1990 and related legislation. Under the Localism Act 2011, the IPC is abolished with its work being transferred to the National Infrastructure Directorate, created within the Planning Inspectorate. The advice note also includes updated information relating to the fee arrangements for applications and examinations. They are published to provide advice and information on a range of issues arising throughout the whole life of the application process. 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. 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. Updated to reflect ways of working noting circumstances of coronovirus (COVID-19). Email. 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. 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? We use Google Analytics to measure how you use the website so we can improve it based on user needs. Annex has been updated to reflect current practice. Therefore, Applicants that provide notification under Regulation 8(1)(b) should include the information specified in Regulation 8(3), detailed above in Insert 1. The Planning Act 2008 (as amended) (the PA2008), and related secondary legislation, establishes the legislative requirements in relation to applications and proposed applications for orders granting development consent for Nationally Significant Infrastructure Projects (NSIPs). Advice Note Seven: Environmental Impact Assessment: Process 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. The advice note was amended to remove the request for a tracked copy of the Draft DCO against the Model Provisions. It is strongly advised that contact is made, and this discussion is had before a screening opinion is requested. Advice Note Two seeks to provide advice about the important role of local authorities at different stages of the Planning Act 2008 process. 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. 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. 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. 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. Planning control Planning and . Appendices 1 and 2 also updated. 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. 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. Advice Note Two: The role of local authorities in the development consent process Published February 2015 (version 1). Regulation 11(3) does not apply to Regulation 11(1)(c) persons or nonprescribed consultees. The Inspectorate has published a series of advice notes on the National Infrastructure Planning website, including Advice Note 7: Environmental Impact Assessment: Preliminary Environmental Information, Screening and Scoping (AN7). Advice Note Fourteen: Compiling the Consultation Report Republished February 2021 (version 3). Details of any nonprescribed consultees (see below) will also be provided, if appropriate. It is intended to assist local authorities with the form and content of these reports. 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. Cookies are files saved on your phone, tablet or computer when you visit a website. 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. 5.9 Applicants should consider carefully the best time to request a scoping opinion. 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. The revisions to the Checklist reflect the changes to s55 of the Planning Act 2008 brought about by the Localism Act 2011. 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). Formatting changes were also applied. (Amendment) Regulations 2020 on 31 December 2020. 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. Monthly Official Statistics Background Quality Report 27 April 2023 It is for the Applicant to satisfy themselves if a Proposed Development constitutes an NSIP in accordance with the PA2008. 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.". 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. Annex to advice note 3 - The Construction Information Service 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. Advice Note Eighteen: The Water Framework Directive Advice note no.9, paragraphs 2.3.8 to 2.3.12, have been amended in light of a Court of Appeal judgement and a further amendment has been made to paragraph 2.3.8 Test 2. a description of the Proposed Development, including its location and technical capacity; an explanation of the likely significant effects of the development on the environment; 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 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. Advice Note Eleven: Working with public bodies in the infrastructure planning process Republished November 2017 (version 4). The Planning Inspectorate recommends that the methodologies for baseline data collection, identifying Press office is open from 09:00 to 17:00 on Monday to Friday, except bank holidays. 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. It accepts no liability for any loss or The order of the checklist has been revised to reflect the order in which s.55 (as amended) is presented. Advice on filming and recording at hearings and inquiries at para's 3.5.3 and 3.5.4 has been updated . The justification should be evidence based and have reference to the assessment process. Planning Inspectorate Published 1 December 2011 . 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. 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. It also reflects the views, on DCO drafting matters, of those government departments that are most involved in the consenting of DCOs. 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. 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 . 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 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. 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). As noted above, the EIA Regulations explain that the ES should be based on the most recently adopted scoping opinion (where the project remains materially the same) and this emphasises the care and regard that should be given to the scoping process to ensure that aspects/matters included in the Regulations and particularly Schedule 4 (where relevant) are appropriately addressed. Inspectors training manual - a Freedom of Information request to Advice Note Ten: Habitats Regulations Assessment relevant to nationally 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. Update to Advice Note to reflect DCLG Guidance on the pre-application process. Advice Note 8 includes an overview of the PA2008 system and is particularly helpful in this regard. 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. Where this occurs, Applicants should consider submitting a new screening request to the Planning Inspectorate. 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. demonstrates that the information is sufficient to enable a reasoned conclusion to be reached. PDF Appendix 3A Scoping Opinion Responses . Appendix 1 - Preparing the technical index to accompany an NSIP application. 5.5 The Planning Inspectorate must adopt a scoping opinion within 42 days of receiving a scoping request (electronic copy). It will be kept under review and updated when necessary. Supersedes Annex to advice note 3 (PINS, 2015). The SoCC must state whether the Proposed Development is EIA development and, if it is, how the Applicant intends to publicise and consult on PEI (Regulation 12 of the EIA Regulations 2017). PDF Developments of National Significance DNS Engaging with the Process These Advice Notes are referred to in this . 4.4 More detailed information on EIA notification and consultation is set out in the Planning Inspectorates Advice Note 3. Planning and development It was first issued in 2012, and revised in 2018, but current policy is set out in the 2019 edition. 1.1. Changes to reflect updated arrangements for the consideration of transboundary effects in respect of nuclear NSIPs. Details relating to the information to be provided with a screening request. Is the absence of likely significant adverse effects dependent upon proposed measures envisaged to avoid or prevent such effects? Advice Note Eight: Overview of the nationally significant infrastructure planning process for members of the public and othersPublished December 2016. This is done in a fair, open and timely . If you are a journalist with an . We use cookies to collect information about how you use National Infrastructure Planning site. 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. It also provides advice to Interested Parties and others about how to engage in the process when a change to an application is proposed.
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