The Planning System | Historic England relevant features including environmental and planning constraints (eg designated areas on and around the site, such as national parks or historic landscapes). 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. 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.". press.office@planninginspectorate.gov.uk. They are published to provide advice and information on a range of issues arising throughout the whole life of the application process. 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. Consequently, all IPC advice notes have been republished by the Planning Inspectorate. 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)). Press office. 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. 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. 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. Advice Note Seventeen: Cumulative effects assessment relevant to 6 (annex: Preparing the technical index to accompany an NSIP application). 9.5 The Planning Inspectorate acknowledges that the EIA process is iterative and includes public participation as an essential component. 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. Applicants may find it useful to provide more than one version of PEI depending upon whom they are consulting. Advice Note One is about the production of Local Impact Reports. This might allow for refinement of options prior to making a formal request. 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? types and characteristics of the potential impacts. If you are a journalist with an . We use Google Analytics to measure how you use the website so we can improve it based on user needs. such other information or representations as the person making the request may wish to provide or make. This advice note explains the roles of applicants, the appropriate agencies and the Secretary of State in meeting the requirements of The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, as applicable to Nationally Significant Infrastructure Projects under the Planning Act 2008. 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. 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, because the information is already published and accessible to you, it is exempt under Section 21 of FOIA. 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. 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. 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 Inspectorate considers that Applicants should make effort to agree their approach to the collection and presentation of information with relevant consultation bodies. Where this occurs, Applicants should consider submitting a new screening request to the Planning Inspectorate. This Advice Note explains the Environmental Impact Assessment (EIA) process set out in the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (the EIA Regulations). Advice Note Three: EIA consultation and notification Republished August 2017 (version 7). Sign up to receive email notifications when updates are made to the Planning Inspectorates advice notes and other important web content. 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. Minor changes to wording in appendices for added clarity. 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. 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. Update to Advice Note to reflect DCLG Guidance on the pre-application process. 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. You can find more information on our privacy page. Are these measures capable of being appropriately defined in order to demonstrate their efficacy? 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. Advice Note One: Local Impact Reports Republished April 2012 (version 2). The reasoned conclusion should take into account current knowledge and methods of assessment. Applicants should be aware of the requirements, in certain circumstances to notify Regulation 11(1)(c) bodies. 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. 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. (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. 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. 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. 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 Advice Note has been updated to reflect changes in legislation and new ways of working including the submission of electronic only applications. National planning policy The National Planning Policy Framework (NPPF) sets out the government's planning policies, and how they are expected to be applied. It sets out practical ways in which local authority officers and members can participate in the process and manage resources effectively. The developers pre-application consultation, publicity and notification duties (version 1 April 2012) was retired. 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. Advice notes which deal with the PA2008 process are non-statutory. 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? The Planning Inspectorate refers to aspects as meaning the relevant descriptions of the environment identified in accordance with the EIA Regulations. Google Analytics sets cookies that store anonymised information about: Please enable Strictly Necessary Cookies first so that we can save your preferences! 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 Planning Inspectorate has taken steps to keep this e-mail and any attachments free from viruses. Summary of this Advice Note 10.4 We follow protocols set down by the Information Commissioners Office, further details of which can be found at www.ico.org.uk. 3 See the Planning Inspectorate's Advice Notes 8.1 and 8.2 on how the process works and Consequently, all IPC advice notes have been republished by the Planning Inspectorate. Advice Note 22 has been updated to clarify the notation that should be used with respect to a combined order. Details of any nonprescribed consultees (see below) will also be provided, if appropriate. 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. Is the aspect/matter sensitive to the impact concerned? 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). The Planning Inspectorate requires Applicants to provide a GIS shapefile and requests notice of intended scoping requests (see below Advance notice and GIS shapefile). 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). Subjects. Schedule 3 is only relevant to Schedule 2 projects). PDF Appendix 3A Scoping Opinion Responses 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. 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). 5.8 Prior to submitting a scoping request, Applicants may choose to undertake their own non-statutory consultation with the consultation bodies, or others. Subjects. Rights of way guidance booklet - GOV.UK 5.4 The scoping process is undertaken by the Planning Inspectorate on behalf of the Secretary of State. 6. challenging the decision to award costs . Consideration should be given towards the level of certainty and confidence attached to the information in order to aid the Planning Inspectorates decision. This advice note addresses the use of the Rochdale Envelope approach under the Planning Act 2008 (PA2008). 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). These Advice Notes are referred to in this . Sign up to receive email notifications when updates are made to the Planning Inspectorates advice notes and other important web content. Advice Note Eighteen: The Water Framework Directive 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). 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. an outline of the structure of the proposed ES. It is intended to assist local authorities with the form and content of these reports. Revisions in the light of emerging practice. Advice Note Four: Section 52 Republished March 2017 (version 6). This is a new Advice Note. 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). 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. 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. Thank you for your email, requesting information from the Planning Inspectorate. 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). However, Applicants are encouraged to provide PEI to enable the statutory consultees to understand the environmental effects of the development and to inform the consultation. Appendices 1 and 2 also updated. the Secretary of State directs an accepted application to be EIA development (a screening direction by the Secretary of State made in accordance with Regulation 7 of the EIA Regulations). 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. 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. Advice Note Seven: Environmental Impact Assessment: Process This new Annex is a result of discussions with Health and Safety Executive (HSE), to help applicants understand HSEs role in infrastructure planning. 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 Note 16 How to request a change which may be material (version 1 July 2015) replaces the previous version of Advice Note 16. Planning Inspectorate Published 1 March 2014 . 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 11 Notification and the Regulation 11 List. We use Google Analytics to measure how you use the website so we can improve it based on user needs. 31 December 2021. We use this information to make the website work as well as possible and improve government services. 7. (R10. Supersedes version 5, March 2015 (PINS, 2015). This Advice Note has no statutory status and forms part of a suite of advice provided by the Planning Inspectorate. 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. 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 . The Planning Inspectorate carries out certain functions related to national infrastructure planning on behalf of the Secretary of State. Various edits and section 7.2 - 7.4 rewritten. Please note, this advice note refers to. It is for the Applicant to satisfy themselves if a Proposed Development constitutes an NSIP in accordance with the PA2008. Advice Note Two: The role of local authorities in the development consent process Published February 2015 (version 1). 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. 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. Updated Application Index and corresponding information in Appendix 1. This would facilitate the Secretary of States consideration under Regulation 32 of the EIA Regulations. Advice Note 2 - Working together on NSIPs (version 2 April 2012) was retired and replaced with a new Advice Note 2 - The role of local authorities in the development consent process (version 1 February 2015). 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. 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)). This advice note includes minor revisions made in response to emerging best practice on projects. 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. 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. Advice Note Eight: Overview of the nationally significant infrastructure planning process for members of the public and othersPublished December 2016. 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. PDF Annex to Advice Note 7 - Presentation of the Environmental Statement The purpose of this Annex (PDF 213kb) is to provide useful advice to support applicants with the preparation of their Environmental Statement. We do not allow Google to use or share the data about how you use this site. late scoping consultation responses received after the statutory deadline. 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. The Planning Inspectorate is keen to ensure that the scoping process is used effectively, ensuring that the EIA process is proportionate. Cookies are files saved on your phone, tablet or computer when you visit a website. All references to Advice note 10 removed, AN10 has been retired. Who Is Eric On Doubling Down With The Derricos, Articles P
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