25 October . This Advice Note forms part of a suite of such advice provided by the Planning Inspectorate available on our website. Planning and development planning requirement or other legally binding method? 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). This annex has been revised to reflect current practice. 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. It also provides advice to Interested Parties and others about how to engage in the process when a change to an application is proposed. such other information or representations as the person making the request may wish to provide or make. Formatting changes were applied to version 3 of Advice Note 3. This should include any relevant National Policy Statement(s) and guidelines prepared by relevant professional bodies. 8.9 Applicants are not required to provide PEI when undertaking their formal consultation (although if they do so they must set out how it will be publicised and consulted on as part of this process). The Inspectorate will work closely with Applicants and relevant stakeholders notably our statutory consultation bodies in this regard. 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. Applicants should be aware that the level of detail provided in the PEI may influence the content of consultees responses. 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. This Advice Note has no statutory status and forms part of a suite of advice provided by the Planning Inspectorate. Advice Note Two: The role of local authorities in the development consent process Published February 2015 (version 1). What DNS applications are currently in progress? 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. 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. 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. This advice note provides advice for Applicants in relation to the Habitats Regulations. The minimum information that Applicants must provide with a screening request is set out in the EIA Regulations in Regulation 8(3). 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. 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. It accepts no liability for any loss or Please note, this advice note refers to, Advice Note Seven: Environmental Impact Assessment: Preliminary Environmental Information, Screening and Scoping Republished June 2020 (version 7). 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. 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). 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). 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. Planning Inspectorate Published 1 March 2014 . 5.2 Further information on making a scoping request is provided in the Planning Inspectorate's Advice Note 7: Environmental Impact Assessment. Regulation 11(3) does not apply to Regulation 11(1)(c) persons or nonprescribed consultees. The Planning Inspectorate determines the appeal procedure after inviting the views of the parties. 9.1 Regulation 14 of the EIA Regulations 2017 sets out the information which an ES accompanying a DCO application must include. 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. The Planning Inspectorate is keen to ensure that the scoping process is used effectively, ensuring that the EIA process is proportionate. Subjects. 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. Download March 2015 - Tidal Lagoon Cardiff EIA Scoping Report PDF for free. Are these measures capable of being appropriately defined in order to demonstrate their efficacy? Annex has been updated to reflect current practice. This advice note is aimed primarily at applicants and local authorities, however, it is also relevant to any consultee who may be interested to know how an applicants Pre-application consultation is reported. 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. It also reflects updated arrangements for the consideration of transboundary effects in respect of nuclear NSIPs. Applicants are strongly encouraged to invest time and effort in both statutory and nonstatutory EIA consultation exercises. 5.13 Applicants should note that aspects/matters are not scoped out unless specifically confirmed as being scoped out by the scoping opinion. Where this occurs, Applicants should consider submitting a new screening request to the Planning Inspectorate. 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? Planning Inspectorate . 1.5 Regulation 11 of the EIA Regulations sets out the procedure to facilitate preparation of ESs, in particular the duties of the Secretary of State with regard to consultation. Historic England's NPPF briefing outlines some of the main changes between the 2012 and 2018 documents (the subsequent changes in the 2019 . It was replaced as a non-prescribed consultation body by the Welsh Language Commissioner which now delivers this function. 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)). Advice Note Two seeks to provide advice about the important role of local authorities at different stages of the Planning Act 2008 process. 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. The screening opinion must include written reasons for the Planning Inspectorates decision on whether or not the Proposed Development is EIA development. 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 . 3.7 Applicants should be aware that if the Planning Inspectorate screens or re-screens the Proposed Development during acceptance and determines that it is EIA development, Applicants will be required to provide an ES (Regulation 5(2)(a) of the APFP Regulations 2009) and consideration of the DCO application will be suspended until an ES is provided by the Applicant (Regulation 15(4) of the EIA Regulations). It complements the advice provided in the Planning Inspectorate's Advice Note 9: Rochdale Envelope. 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. We do not allow Google to use or share the data about how you use this site. 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. 8.3 Legislation, regulations, policy, advice notes & useful documents (Neill Whittaker, Ivy Legal) 91 . 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. 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 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. 8.1 As part of their pre-application consultation duties, Applicants are required to prepare a Statement of Community Consultation (SoCC). The information provided in the PEI should be accessible yet meet consultees different needs. It seeks to provide advice about the format and content of the Consultation Report. 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. For example, Applicants may choose to consult on preferred sites or solutions. Cookies are files saved on your phone, tablet or computer when you visit a website. Please note, this advice note refers to annexes in a separate document (PDF 226 KB). Google Analytics sets cookies that store anonymised information about: Please enable Strictly Necessary Cookies first so that we can save your preferences! It sets out practical ways in which local authority officers and members can participate in the process and manage resources effectively. 4.1 Following the Applicants notification to the Planning Inspectorate in writing that they propose to provide an ES, or after a screening opinion has been adopted to the effect that the Proposed Development is EIA development, the Planning Inspectorate will notify the consultation bodies that the Applicant intends to provide an ES for the Proposed Development. 6 Regulation 11 notification. The Planning Inspectorate will agree to scope out, from the need for further assessment, aspects and matters where it is appropriate to do so. The Inspectorate is required to take into account the advice it receives from the statutory consultation bodies and will continue to do so in this regard. 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. Thank you for your email, requesting information from the Planning Inspectorate. 10.3 The Planning Inspectorate takes its data protection responsibilities for the information you provide us with very seriously. 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. 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 has taken steps to keep this e-mail and any attachments free from viruses. It is intended to assist local authorities with the form and content of these reports. 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). 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. 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. This advice note has been updated to take into account changes occurring as a result of the introduction of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017. The Advice Note has been updated to reflect changes in legislation and new ways of working including the submission of electronic only applications. It is strongly advised that contact is made, and this discussion is had before a screening opinion is requested. The reconsideration at acceptance will need to take into account any new information that is material to the screening decision. For example, consultees may look for more or less technical information depending upon their interests. Preparation and submission of application documents. We use Google Analytics to measure how you use the website so we can improve it based on user needs. 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. Details relating to the information to be provided with a screening request. Advice Note Three: EIA consultation and notification Republished August 2017 (version 7). The Inspectorate will adopt a flexible approach, balancing the requirement for suitable rigour and scientific certainty in assessments, examinations, recommendations and decisions with pragmatism noting the ongoing need to support the preparation and determination of applications in a timely fashion. Schedule 2 development, likely to have significant effects on the environment by virtue of factors such as its nature, size or location. 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). Planning Inspectorate Published 1 January 2010 Last updated . 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. Applicants should avoid submitting requests with multiple and varied design and layout options. EIA screening opinion (Regulation 8(1)(a)). The Advice Note also provides advice to Applicants to support them with the successful completion of the process applicable to NSIPs. (The relevant IPL can be reached by contacting the Planning Inspectorate Helpline on 0303 444 5000. 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. 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. 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. We use this information to make the website work as well as possible and improve government services. Applicants should be aware of the requirements, in certain circumstances to notify Regulation 11(1)(c) bodies. 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 advice note has been updated to reflect contemporary best practice in the preparation and maintenance of draft Development Consent Orders throughout the Planning Act 2008 process. 5.10 Ensuring that ESs are appropriately focused on aspects and matters where a likely significant effect may occur is essential. 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 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). This advice note has been revised in response to emerging best practice. 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? Notes 2, 4, 7, 10, 13,17 and 18 have been withdrawn and are no longer used. Advice Note Four: Section 52 Republished March 2017 (version 6). It is for the Applicant to satisfy themselves if a Proposed Development constitutes an NSIP in accordance with the PA2008. This Advice Note explains the Environmental Impact Assessment (EIA) process set out in the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (the EIA Regulations). We use cookies to collect information about how you use National Infrastructure Planning site. Whilst this Advice Note is aimed primarily at Applicants, it should also be helpful for other persons involved in the PA2008 system. 5.9 Applicants should consider carefully the best time to request a scoping opinion. Advice Note 8 includes an overview of the PA2008 system and is particularly helpful in this regard. 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. 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. This advice note has been prepared to provide some assistance to applicants when preparing their draft Development Consent Order and Explanatory Memorandum. 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. 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. Where the transitional provisions are met, the Infrastructure Planning 2009 Environmental Impact Assessment (EIA) Regulations (as amended) continue to apply (see Transitional Provisions below). 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)). 1 December 2011. 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. 5.8 Prior to submitting a scoping request, Applicants may choose to undertake their own non-statutory consultation with the consultation bodies, or others. 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. Annex to Advice Note 7 December 2017 Version 1 best practice used to inform the assessment. Supersedes Annex to advice note 3 (PINS, 2015). 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. 8.4 There is no prescribed format as to what PEI should comprise and it is not expected to replicate or be a draft of the ES. (Amendment) Regulations 2020 on 31 December 2020. It is important that the information is compiled in a way that is conducive to this intent. Consequently, all IPC advice notes have been republished by the Planning Inspectorate. You can find more information on our privacy page. 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. Introduction. 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. This advice note explains the roles and responsibilities of the Secretary of State, the PlanningInspectorate, European Economic Area Member States and applicant applicable under Regulation 32 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017. 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. 5.4 The scoping process is undertaken by the Planning Inspectorate on behalf of the Secretary of State. Advice Note 16 How to request a change which may be material (version 1 July 2015) replaces the previous version of Advice Note 16. 6.6 Detailed information on the submission of application documents, including the ES, is provided in Advice Note 6. Start letter and initial work. These essential cookies do things like protect the site against malicious use, Find out more about cookies on The National Infrastructure site. 31 December 2021. Advice Note Ten: Habitat Regulations Assessment relevant to Nationally Significant Infrastructure Projects Republished August 2022 (version 9). Updated to reflect ways of working noting circumstances of coronovirus (COVID-19). Minor amendments to inform about a standard set of Protective Provisions and update climate change information. For example, Technical Advice Note 8 identifies parts of Wales for accommodating wind farms. 7.1 The Planning Inspectorate requests that advance notice is given prior to making any screening/scoping request. 1.1 The EIA Regulations determine that EIA development means a development which is either . It also addresses points relating to the implementation of the Rochdale envelope for Nationally Significant Infrastructure Projects. This might allow for refinement of options prior to making a formal request. 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). The developers pre-application consultation, publicity and notification duties (version 1 April 2012) was retired. We use Google Analytics to measure how you use the website so we can improve it based on user needs. Is the aspect/matter sensitive to the impact concerned? The revisions to the Checklist reflect the changes to s55 of the Planning Act 2008 brought about by the Localism Act 2011. This is done in a fair, open and timely . 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. You can find more information on our privacy page. Is there empirical evidence available to support the request? The Planning Inspectorate publish Advice Notes that applicants and others may find helpful, providing more detailed advice and information on the application process. 0303 444 5004. 3 See the Planning Inspectorate's Advice Notes 8.1 and 8.2 on how the process works and More detailed advice in respect of these points is provided in Annex 1. 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. Applicants should note that their formal statutory consultation under s42 of the PA2008 cannot start until one of the above actions has happened.

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