Advice Note Eighteen: The Water Framework Directive Published June 2017 (version 1). Subjects. The Planning Inspectorate has taken steps to keep this e-mail and any attachments free from viruses. 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. After determining the procedure, the Planning Inspectorate will allocate the case to an inspector when one is . This should include any relevant National Policy Statement(s) and guidelines prepared by relevant professional bodies. We do not allow Google to use or share the data about how you use this site. 6.6 Detailed information on the submission of application documents, including the ES, is provided in Advice Note 6. 5.13 Applicants should note that aspects/matters are not scoped out unless specifically confirmed as being scoped out by the scoping opinion. The advice note was amended to remove the request for a tracked copy of the Draft DCO against the Model Provisions. 6.5 Video or audio information should not be submitted except by prior agreement with the Inspectorate as it will not be certain that all interested parties involved will have the appropriate equipment to view the information. 1.7 This Advice Note explains the role that the Planning Inspectorate has in administering the EIA process on behalf of the Secretary of State. 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. Rights of way guidance booklet - GOV.UK Updated Application Index and corresponding information in Appendix 1. 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). Check Pages 1-50 of March 2015 - Tidal Lagoon Cardiff EIA Scoping Report in the flip PDF version. Is the aspect/matter sensitive to the impact concerned? We use this information to make the website work as well as possible and improve government services. Advice Note 22 has been updated to clarify the notation that should be used with respect to a combined order. The order of the checklist has been revised to reflect the order in which s.55 (as amended) is presented. The screening opinion must include written reasons for the Planning Inspectorates decision on whether or not the Proposed Development is EIA development. 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). Annex to advice note 3 - The Construction Information Service 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's job is to make decisions and provide recommendations and advice on a range of land use planning-related issues across England. 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). 5.5 The Planning Inspectorate must adopt a scoping opinion within 42 days of receiving a scoping request (electronic copy). Please note, this advice note refers to, Advice Note Seven: Environmental Impact Assessment: Preliminary Environmental Information, Screening and Scoping Republished June 2020 (version 7). 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. Planning Policy Wales and related Technical Advice Notes set out a range of Welsh Government planning policies. The Planning Inspectorate must adopt a screening opinion within 21 days of receiving a screening request (Regulation 8(8) of the EIA Regulations 2017). 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. 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. Where this occurs, Applicants should consider submitting a new screening request to the Planning Inspectorate. Email. 5.7 An effective scoping process should enable the refinement of the assessment and ultimately the information required to form the ES. Please note, this advice note refers to Appendix 1 and Appendix 2 as separate documents. Planning Inspectorate Published 1 January 2010 Last updated . This may provide a more effective consultation exercise. 9.5 The Planning Inspectorate acknowledges that the EIA process is iterative and includes public participation as an essential component. However, because the information is already published and accessible to you, it is exempt under Section 21 of FOIA. the Secretary of State has initiated the screening direction. 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. Advice Note Seven: Environmental Impact Assessment: Process These essential cookies do things like protect the site against malicious use, Find out more about cookies on The National Infrastructure site. 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 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. Consequently, all IPC advice notes have been republished by the Planning Inspectorate. 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. Formatting changes were applied to version 3 of Advice Note 3. These essential cookies do things like protect the site against malicious use, Find out more about cookies on The National Infrastructure site. The Planning Inspectorate determines the appeal procedure after inviting the views of the parties. Minor amendments to inform about a standard set of Protective Provisions and update climate change information. The notification will not be considered valid unless this information is provided. The Inspectorate will work closely with Applicants and relevant stakeholders notably our statutory consultation bodies in this regard. 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. Advice Note Three: EIA Notification and Consultation 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. 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). 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. Where the request document contains high resolution plans/figures, the Planning Inspectorate asks that a low resolution electronic copy is also provided to enable easier downloads for those viewing the document via the National Infrastructure Planning website. This annex has been revised to reflect current practice. Formatting changes were also applied. Is the absence of likely significant adverse effects dependent upon proposed measures envisaged to avoid or prevent such effects? Sign up to receive email notifications when updates are made to the Planning Inspectorates advice notes and other important web content. The reconsideration at acceptance will need to take into account any new information that is material to the screening decision. This Advice Note forms part of a suite of such advice provided by the Planning Inspectorate available on our website. 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(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. National planning policy The National Planning Policy Framework (NPPF) sets out the government's planning policies, and how they are expected to be applied. 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). 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). Advice Note Sixteen: Requests to change applications after they have been accepted for examination Published March 2023 (version 3). 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's website includes a list of all DNS projects and the stage that they . 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. 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. A change register has now been published at the foot of this page to help those who regularly refer to our advice notes keep track of any changes, including when new advice notes are published. planning requirement or other legally binding method? The advice note has been updated to reflect up to date practice in relation to requests to make a material change to an application. The developers pre-application consultation, publicity and notification duties (version 1 April 2012) was retired. Regulation 10(6) of the EIA Regulations. Applicants should be aware of the requirements, in certain circumstances to notify Regulation 11(1)(c) bodies. What DNS applications are currently in progress? Advice Note Eight: Overview of the nationally significant infrastructure planning process for members of the public and othersPublished December 2016. 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. Advice Note Five: Section 53 Rights of entry RepublishedMarch 2017(version 6). 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. 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. Please view our FAQ page for further information. This advice note has been revised in response to emerging best practice. (The relevant IPL can be reached by contacting the Planning Inspectorate Helpline on 0303 444 5000. 5.4 The scoping process is undertaken by the Planning Inspectorate on behalf of the Secretary of State. This should include allowing time to consider and address comments from consultees including, if necessary, undertaking additional surveys and analysis. 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. 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). We use cookies to store information about how you use the the National Infrastructure site, such as the pages you visit. 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). Therefore, Applicants that provide notification under Regulation 8(1)(b) should include the information specified in Regulation 8(3), detailed above in Insert 1. 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. 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. The minimum information that Applicants must provide with a screening request is set out in the EIA Regulations in Regulation 8(3). Please note, this advice note refers to. 1.1 The EIA Regulations determine that EIA development means a development which is either . Under the Localism Act 2011, the IPC is abolished with its work being transferred to the National Infrastructure Directorate, created within the Planning Inspectorate. AN7 and its annexes provide guidance on EIA processes during the preapplication stages 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. We use Google Analytics to measure how you use the website so we can improve it based on user needs. We do not allow Google to use or share the data about how you use this site. This might allow for refinement of options prior to making a formal request. Planning Inspectorate . 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. Download March 2015 - Tidal Lagoon Cardiff EIA Scoping Report PDF for free. Is there a method of avoidance or mitigation that would reduce the impact on the aspect/matter to a level where significant effects would not occur? 31 December 2021. 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). 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. 8.1 As part of their pre-application consultation duties, Applicants are required to prepare a Statement of Community Consultation (SoCC). The advice note includes Annex 1 the Inspectorates long form transboundary screening proforma (ODT, 40kb) and Annex 2 the Inspectorates short form transboundary screening proforma (ODT, 37kb). 1.1. 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. The EIA Regulations include transitional provisions for certain Proposed Developments. Introduction. 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. 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)). PDF Planning Act 2008: Guidance on the pre-application process - GOV.UK It will be kept under review and updated when necessary. The Planning Inspectorate carries out certain functions related to national infrastructure planning on behalf of the Secretary of State. 9.1 Regulation 14 of the EIA Regulations 2017 sets out the information which an ES accompanying a DCO application must include. Advice Note Fourteen: Compiling the Consultation Report Republished February 2021 (version 3). Planning control Planning and . Advice Note One is about the production of Local Impact Reports. 6 May 2021 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. Update to annex to reflect the limit of file size that can be sent by email. Experience to date has shown that Applicants and others welcome detailed advice on a number of aspects of the PA2008 system. 3.10 Applicants should be aware that the purpose of the information in Insert 1, above, is to ensure that there is a properly informed screening opinion. Advice notes | National Infrastructure Planning - Abode Group RTPI | Planning Enforcement Handbook for England 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. I can confirm the Planning Inspectorate holds this information. 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. PDF Appendix 3A Scoping Opinion Responses Supersedes Annex to advice note 3 (PINS, 2015). The Regulation specifies As far as the proposed development remains materially the same as the proposed development which was subject to that opinion). This Advice Note seeks to provide: a brief description of the legal context and obligations placed on an applicant, with respect to cumulative effects under national planning policy and the EIA Regulations (the Planning Inspectorate's Advice . 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. Subjects. 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. Monthly Official Statistics Background Quality Report 27 April 2023 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. It also explains the involvement of the applicant in the process. For example, Applicants may choose to consult on preferred sites or solutions. 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 . 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. 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.) Find more similar flip PDFs like March 2015 - Tidal Lagoon Cardiff EIA Scoping Report. (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.). Further advice can be found in the 'Relationship with environmental impact assessment (EIA)' section of this advice note. The Planning Inspectorate requires Applicants to provide a GIS shapefile and requests notice of intended scoping requests (see below Advance notice and GIS shapefile). It seeks to provide advice about the format and content of the Consultation Report. 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. Where the transitional provisions are met, the Infrastructure Planning 2009 Environmental Impact Assessment (EIA) Regulations (as amended) continue to apply (see Transitional Provisions below). 25 October . The Planning Inspectorate recommends that the methodologies for baseline data collection, identifying 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.