Advice Note Two: The role of local authorities in the development consent process Published February 2015 (version 1). 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. This new Annex is a result of discussions with Health and Safety Executive (HSE), to help applicants understand HSEs role in infrastructure planning. 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. 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). 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. 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. Planning Inspectorate Published 1 January 2010 Last updated . Update to annex to reflect the limit of file size that can be sent by email. This should include allowing time to consider and address comments from consultees including, if necessary, undertaking additional surveys and analysis. 3 See the Planning Inspectorate's Advice Notes 8.1 and 8.2 on how the process works and Section 14 on data protection has been amended and a new section Copyright and intellectual property has been added. 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. Is there sufficient detail and certainty regarding the location and characteristics of the Proposed Development? Press office is open from 09:00 to 17:00 on Monday to Friday, except bank holidays. Status of this Advice Note. 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. Is there empirical evidence available to support the request? We do not allow Google to use or share the data about how you use this site. 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. We use this information to make the website work as well as possible and improve government services. 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). 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. press.office@planninginspectorate.gov.uk. Planning Inspectorate - GOV.UK 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. It was first issued in 2012, and revised in 2018, but current policy is set out in the 2019 edition. Download March 2015 - Tidal Lagoon Cardiff EIA Scoping Report PDF for free. It is important that the information is compiled in a way that is conducive to this intent. The information provided in the PEI should be accessible yet meet consultees different needs. Formatting changes, hyperlink on page 1 updated, typo corrected in appendix 1, In order listed in previous column: 2, 3, 3, 4, 3, 3. 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)). 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. 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. This is a new Advice Note. View all Advice Notes. It has no statutory status. (The relevant IPL can be reached by contacting the Planning Inspectorate Helpline on 0303 444 5000. Updated to reflect legislative change from the Infrastructure Planning Environmental Impact Assessment Regulations 2017 and to clarify the Planning Inspectorates approach to EIA notification and consultation. (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.). 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 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). Formatting changes were applied to version 3 of Advice Note 3. Please note, this advice note refers to annexes in a separate document (DOC 132 KB). The reasoned conclusion should take into account current knowledge and methods of assessment. 6.2 The electronic copy should be a single file including all appendices and figures. 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. Subjects. Advice notes for rights of way casework. Minor updates were made to information in the advice note in response to some industry developments, and clarifications were also made throughout the text in particular in relation to how applicants should prepare their information during the pre-application stage. Is the impact likely to be on a scale that may result in significant effects to the aspect/matter? 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. It also explains the involvement of the applicant in the process. 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. Regulation 11(3) does not apply to Regulation 11(1)(c) persons or nonprescribed consultees. Applicants should be aware of the requirements, in certain circumstances to notify Regulation 11(1)(c) bodies. This Advice Note forms part of a suite of such advice provided by the Planning Inspectorate available on our website. The Planning Inspectorate is keen to ensure that the scoping process is used effectively, ensuring that the EIA process is proportionate. 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. Advice Note Seven: Environmental Impact Assessment: Process March 2015 - Tidal Lagoon Cardiff EIA Scoping Report - FLIP HTML5 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 includes Annex 1 the Inspectorates long form transboundary screening proforma (ODT, 40kb) and Annex 2 the Inspectorates short form transboundary screening proforma (ODT, 37kb). Please note, this advice note refers to annexes in a separate document (DOC 119 KB). This advice note sets out advice on how to apply to the Planning Inspectorate for an authorisation for a right of entry to gain access onto land in order to carry out surveys and take levels under s53 of the Planning Act 2008. ), Regulation 11 Notification and the Regulation 11 List. 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. Details relating to the information to be provided with a screening request. Please note, this advice note refers to, Advice Note Seven: Environmental Impact Assessment: Preliminary Environmental Information, Screening and Scoping Republished June 2020 (version 7). 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. This advice note includes minor revisions made in response to emerging best practice on projects. Planning Inspectorate . It also addresses points relating to the implementation of the Rochdale envelope for Nationally Significant Infrastructure Projects. 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. The Planning Act 2008 (as amended) (the PA2008), and related secondary legislation, establishes the legislative requirements in relation to applications and proposed applications for orders granting development consent for Nationally Significant Infrastructure Projects (NSIPs). Advice Note Two seeks to provide advice about the important role of local authorities at different stages of the Planning Act 2008 process. PDF Developments of National Significance DNS Engaging with the Process 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. Rights of way advice note 22: use of correct notation on order maps This advice note has been prepared to provide some assistance to applicants when preparing their draft Development Consent Order and Explanatory Memorandum. a description of the physical characteristics of the whole Proposed Development; a description of the location and any sensitive areas likely to be affected; a description of the aspects of the environment likely to be significantly affected; information on the likely significant effects resulting from residues and emissions and the use of natural resources; and, details of any features of the Proposed Development and any measures envisaged to avoid or prevent what might otherwise have been a significant adverse effect on the environment.RTPI | Planning Enforcement Handbook for England The revisions to the Checklist reflect the changes to s55 of the Planning Act 2008 brought about by the Localism Act 2011. 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. For example, Technical Advice Note 8 identifies parts of Wales for accommodating wind farms. Formatting changes were also applied. It also reflects updated arrangements for the consideration of transboundary effects in respect of nuclear NSIPs. Historic England's NPPF briefing outlines some of the main changes between the 2012 and 2018 documents (the subsequent changes in the 2019 . 5.7 An effective scoping process should enable the refinement of the assessment and ultimately the information required to form the ES. Planning Policy Wales and related Technical Advice Notes set out a range of Welsh Government planning policies. 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. Advice Note One: Local Impact Reports Republished April 2012 (version 2). Is there reasonable confidence that there will not be substantial changes to the information above which may affect any outcome in consideration of likely significant effects? This Advice Note has no statutory status and forms part of a suite of advice provided by the Planning Inspectorate. Cookies are files saved on your phone, tablet or computer when you visit a website. Advice notes which deal with the PA2008 process are non-statutory. Applicants should avoid submitting requests with multiple and varied design and layout options. Google Analytics sets cookies that store anonymised information about: Please enable Strictly Necessary Cookies first so that we can save your preferences! On 23 March 2016 the Planning Inspectorate published revised versions of its four . The Planning Inspectorate has taken steps to keep this e-mail and any attachments free from viruses. Compiling the Consultation Report has been updated to reflect emerging best practice and lessons learned since the original Advice Note 14 was published in 2014. It also provides advice to Interested Parties and others about how to engage in the process when a change to an application is proposed. Subjects. 8.2 PEI is defined in the EIA Regulations 2017 as: 8.3 information referred to in regulation 14(2) which . In turn the Inspectorate expects that consultation bodies will continue to work with Applicants to find suitable approaches and points of reference to aid the robust preparation of applications. The Inspectorate considers that Applicants should make effort to agree their approach to the collection and presentation of information with relevant consultation bodies. at what stage in the design process the consultation is carried out; the complexity of the Proposed Development and the receiving environment. The Planning Inspectorate carries out certain functions related to national infrastructure planning on behalf of the Secretary of State. 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 . Consequently, all IPC advice notes have been republished by the Planning Inspectorate. Advice Note 8 includes an overview of the PA2008 system and is particularly helpful in this regard. This is done in a fair, open and timely . 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. 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. If more than one plan is required, the plans should be at the same scale with an overview plan provided (as appropriate). 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)).) Appendix 1 - Preparing the technical index to accompany an NSIP application. 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. 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. This advice note provides advice for Applicants in relation to the Habitats Regulations. Applicants should be aware that the level of detail provided in the PEI may influence the content of consultees responses. If you are a journalist with an . This advice note does not deal with the role of local authorities in the PA2008 process. 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.". 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. The Advice Note also provides advice to Applicants to support them with the successful completion of the process applicable to NSIPs. Updated to reflect ways of working noting circumstances of coronovirus (COVID-19). 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). 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. Inspectors training manual - a Freedom of Information request to Please note, this advice note refers to. Consideration should be given towards the level of certainty and confidence attached to the information in order to aid the Planning Inspectorates decision. the Secretary of State has initiated the screening direction. What DNS applications are currently in progress? 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). 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. 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. The Regulation specifies As far as the proposed development remains materially the same as the proposed development which was subject to that opinion). Advice Note Three: EIA Notification and Consultation They are published to provide advice and information on a range of issues arising throughout the whole life of the application process.
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