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It is for the Applicant to satisfy themselves if a Proposed Development constitutes an NSIP in accordance with the PA2008. 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. PDF Planning Act 2008: Guidance on the pre-application process - GOV.UK Are these measures capable of being appropriately defined in order to demonstrate their efficacy? 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. For example, Applicants may choose to consult on preferred sites or solutions. 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. This should include any relevant National Policy Statement(s) and guidelines prepared by relevant professional bodies. 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. the preparation of an ES or updated ES, as appropriate, by the Applicant; the carrying out of any consultation, publication and notification required under the Regulations or, as necessary, any other enactment in respect of EIA development; and. Notes 2, 4, 7, 10, 13,17 and 18 have been withdrawn and are no longer used. Consequently, all IPC advice notes have been republished by the Planning Inspectorate. The Planning Inspectorate refers to aspects as meaning the relevant descriptions of the environment identified in accordance with the EIA Regulations. Changes to reflect updated arrangements for the consideration of transboundary effects in respect of nuclear NSIPs. It is important that the information is compiled in a way that is conducive to this intent. 01/2009 and all the good practice advice notes which were also published by pins. View all Advice Notes. Sign up to receive email notifications when updates are made to the Planning Inspectorates advice notes and other important web content. 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). Advice Note Three: EIA consultation and notification Republished August 2017 (version 7). Monthly Official Statistics Background Quality Report 27 April 2023 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. PDF Annex to Advice Note 7 - Presentation of the Environmental Statement It will be kept under review and updated when necessary. Experience to date has shown that Applicants and others welcome detailed advice on a number of aspects of the PA2008 system. Please contact the National Infrastructure case team for further information and advice on this matter. 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. 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. 8.3 Legislation, regulations, policy, advice notes & useful documents (Neill Whittaker, Ivy Legal) 91 . Introduction. 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. We use this information to make the website work as well as possible and improve government services. Check Pages 1-50 of March 2015 - Tidal Lagoon Cardiff EIA Scoping Report in the flip PDF version. 5.1 Regulation 10(1) of the EIA Regulations allows a person who proposes to make an application for an order granting development consent to ask the Secretary of State to state in writing its opinion as to the scope and level of detail of the information to be provided in the ES. an explanation of the approach to addressing uncertainty where it remains in relation to elements of the Proposed Development eg design parameters; referenced plans presented at an appropriate scale to convey clearly the information and all known features associated with the Proposed Development; an outline of the reasonable alternatives considered and the reasons for selecting the preferred option; a summary table depicting each of the aspects and matters that are requested to be scoped out allowing for quick identification of issues; a detailed description of the aspects and matters proposed to be scoped out of further assessment with justification provided; results of desktop and baseline studies where available and where relevant to the decision to scope in or out aspects or matters; aspects and matters to be scoped in, the report should include details of the methods to be used to assess impacts and to determine significance of effect eg criteria for determining sensitivity and magnitude; any avoidance or mitigation measures proposed, how they may be secured and the anticipated residual effects; references to any guidance and best practice to be relied upon; evidence of agreements reached with consultation bodies (for example the statutory nature conservation bodies or local authorities); and. 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. It also explains the involvement of the applicant in the process. 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. Consideration should be given towards the level of certainty and confidence attached to the information in order to aid the Planning Inspectorates decision. It was replaced as a non-prescribed consultation body by the Welsh Language Commissioner which now delivers this function. 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. Start letter and initial work. 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.) If the proposed DCO site boundary comprises a number of separate discrete polygons, these should all be included within the single shape file contained in the *.zip file. Supersedes Annex to advice note 3 (PINS, 2015). The Planning Inspectorate will agree to scope out, from the need for further assessment, aspects and matters where it is appropriate to do so. 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 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. 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. However, because the information is already published and accessible to you, it is exempt under Section 21 of FOIA. . 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 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 screening opinion must include written reasons for the Planning Inspectorates decision on whether or not the Proposed Development is EIA development. The Planning Inspectorate has taken steps to keep this e-mail and any attachments free from viruses. 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. Schedule 3 is only relevant to Schedule 2 projects). 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. This advice note has been republished in response to emerging best practice on projects. 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). Appendix 1 - Preparing the technical index to accompany an NSIP application. Press office. 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. 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 . 9.3 The Planning Inspectorate considers that a good ES is one that: 9.4 Practical advice regarding ES production including presentation techniques is provided at Annex 1 and should be considered alongside this Advice Note. Subjects. Is there an impact pathway from the Proposed Development to the aspect/matter? 9.1 Regulation 14 of the EIA Regulations 2017 sets out the information which an ES accompanying a DCO application must include. 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. 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. Advice Note Seven: Environmental Impact Assessment: Process Rights of way advice note 22: use of correct notation on order maps 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. 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 Note One: Local Impact Reports Republished April 2012 (version 2). It identifies the stages of the Habitats Regulations Assessment (HRA) process and clarifies the information to be provided with a DCO application with respect to HRA at each stage of the Planning Act 2008 process. 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). This advice note includes minor revisions made in response to emerging best practice on projects. 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. 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. This advice note also identifies non-prescribed consultation bodies that the Planning Inspectorate may consult on a discretionary basis. Is there sufficient detail and certainty regarding the location and characteristics of the Proposed Development? Consequently, all IPC advice notes have been republished by the Planning Inspectorate. Applicants should be aware that the level of detail provided in the PEI may influence the content of consultees responses. 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 Planning Inspectorate will treat the submitted Development Consent Order (DCO) application as a screening request and will re-screen the Proposed Development at the same time as undertaking the decision as to whether or not to accept the application (Regulation 15 of the EIA Regulations). It complements the advice provided in the Planning Inspectorate's Advice Note 9: Rochdale Envelope. The Planning Inspectorate determines the appeal procedure after inviting the views of the parties. We use cookies to collect information about how you use National Infrastructure Planning site. 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). Is there empirical evidence available to support the request? Regulation 11(3) does not apply to Regulation 11(1)(c) persons or nonprescribed consultees. . It is possible that during the course of the pre-application process new information becomes available that may affect that decision. 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. 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. Revisions in the light of emerging practice. 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. 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. planning requirement or other legally binding method? The advice note also includes updated information relating to the fee arrangements for applications and examinations. It also reflects updated arrangements for the consideration of transboundary effects in respect of nuclear NSIPs. EIA screening opinion (Regulation 8(1)(a)). 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. 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)).) press.office@planninginspectorate.gov.uk. This Advice Note explains the Environmental Impact Assessment (EIA) process set out in the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (the EIA Regulations). The revisions to the Checklist reflect the changes to s55 of the Planning Act 2008 brought about by the Localism Act 2011. Advice Note 8 includes an overview of the PA2008 system and is particularly helpful in this regard. These essential cookies do things like protect the site against malicious use, Find out more about cookies on The National Infrastructure site. We use Google Analytics to measure how you use the website so we can improve it based on user needs. Annex to advice note 7 - presentation of the environmental statement 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. Could the impact contribute cumulatively with other impacts to result in significant effects to the aspect/ matter? ); the *.zip file must contain one of each of the following files: *.prj, *.dbf, *.shp, *.shx; and. Planning Policy Wales and related Technical Advice Notes set out a range of Welsh Government planning policies. Planning Inspectorate - GOV.UK 9.5 The Planning Inspectorate acknowledges that the EIA process is iterative and includes public participation as an essential component. It has no statutory status. This advice note provides advice for Applicants in relation to the Habitats Regulations. 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. PDF Developments of National Significance DNS Engaging with the Process I have considered your request under the terms of the Freedom of Information Act 2000. 4.4 More detailed information on EIA notification and consultation is set out in the Planning Inspectorates Advice Note 3. Advice Note Ten: Habitats Regulations Assessment relevant to nationally March 2015 - Tidal Lagoon Cardiff EIA Scoping Report was published by Dean Bailes on 2015-03-02. Is there sufficient confidence in the avoidance or mitigation method in terms of deliverability and efficacy to support the request? Whilst this Advice Note is aimed primarily at Applicants, it should also be helpful for other persons involved in the PA2008 system. Formatting changes were applied to version 3 of Advice Note 3. 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. Further advice can be found in the 'Relationship with environmental impact assessment (EIA)' section of this advice note. The justification should be evidence based and have reference to the assessment process. 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. The Advice Note has been updated to reflect changes in legislation and new ways of working including the submission of electronic only applications. 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.

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