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Planning control Planning and . 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. Advice notes for rights of way casework. I can confirm the Planning Inspectorate holds this information. PDF Planning Act 2008: Guidance on the pre-application process - GOV.UK Advice Note Eighteen: The Water Framework Directive 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. Formatting changes were also applied. 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. 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. You can find more information on our privacy page. Planning Inspectorate Published 1 January 2010 Last updated . Various edits and section 7.2 - 7.4 rewritten. You can find more information on our privacy page. 1.8 Regulation 37 of the EIA Regulations sets out the circumstances where the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (the EIA Regulations 2009) continue to apply. Planning and development 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. This Advice Note forms part of a suite of such advice provided by the Planning Inspectorate available on our website. PDF Annex to Advice Note 7 - Presentation of the Environmental Statement 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. Updated Application Index and corresponding information in Appendix 1. If you are a journalist with an . 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. 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). It will be kept under review and updated when necessary. 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). Updated to reflect ways of working noting circumstances of coronovirus (COVID-19). 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. Planning appeals: procedural guide - GOV.UK 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. 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. Update to annex to reflect the limit of file size that can be sent by email. 0303 444 5004. ), Regulation 11 Notification and the Regulation 11 List. 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. 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). EIA screening opinion (Regulation 8(1)(a)). This advice note addresses the use of the Rochdale Envelope approach under the Planning Act 2008 (PA2008). 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 advice note also identifies non-prescribed consultation bodies that the Planning Inspectorate may consult on a discretionary basis. 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. 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. 8.2 PEI is defined in the EIA Regulations 2017 as: 8.3 information referred to in regulation 14(2) which . [email protected]. This advice note has been republished in response to emerging best practice on projects. 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. 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. 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). 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. 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. 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.) These Advice Notes are referred to in this . 6 May 2021 Google Analytics sets cookies that store anonymised information about: Please enable Strictly Necessary Cookies first so that we can save your preferences! 25 October . 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)). Please note, this advice note refers to annexes in a separate document (DOC 119 KB). 5.10 Ensuring that ESs are appropriately focused on aspects and matters where a likely significant effect may occur is essential. relevant features including environmental and planning constraints (eg designated areas on and around the site, such as national parks or historic landscapes). . 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. planning requirement or other legally binding method? an outline of the structure of the proposed ES. 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. 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. 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)).) 6 (annex: Preparing the technical index to accompany an NSIP application). 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. 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 has taken steps to keep this e-mail and any attachments free from viruses. Formatting changes were applied to version 3 of Advice Note 3. It is important that the information is compiled in a way that is conducive to this intent. In order to support the Planning Inspectorate with this aim, Applicants should ensure that their requests include sufficient justification for scoping aspects/matters out. It sets out practical ways in which local authority officers and members can participate in the process and manage resources effectively. Regulation 11(3) does not apply to Regulation 11(1)(c) persons or nonprescribed consultees. Advice Note Three: EIA consultation and notification Republished August 2017 (version 7). 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. The Planning Inspectorate must adopt a screening opinion within 21 days of receiving a screening request (Regulation 8(8) of the EIA Regulations 2017). Status of this Advice Note. 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. 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. An electronic copy of the request document will be uploaded to the National Infrastructure Planning website and should therefore be optimised for web viewing and should not exceed 50MB per document. (Further details of the suggested format for the transboundary screening matrix is provided in the Planning Inspectorates Advice Note 12 Transboundary Impact Consultation.) We use this information to make the website work as well as possible and improve government services. Advice Note Sixteen: Requests to change applications after they have been accepted for examination Published March 2023 (version 3). Is the impact likely to be on a scale that may result in significant effects to the aspect/matter? Applicants should avoid submitting requests with multiple and varied design and layout options. 5.4 The scoping process is undertaken by the Planning Inspectorate 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 . Advice Note Ten: Habitat Regulations Assessment relevant to Nationally Significant Infrastructure Projects Republished August 2022 (version 9). 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 proposed draft DCO site boundary (identified by a red line) including any associated development; any permanent land take required for the Proposed Development; any temporary land take required for construction, including construction compounds; any existing infrastructure which would be retained or upgraded for use as part of the Proposed Development and any existing infrastructure which would be removed; and. 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. Rights of way advice notes - GOV.UK 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.Advice notes | National Infrastructure Planning - Abode Group 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. 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. Supersedes Annex to advice note 3 (PINS, 2015). 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 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. Applicants may find it useful to provide more than one version of PEI depending upon whom they are consulting. Advice notes which deal with the PA2008 process are non-statutory. These essential cookies do things like protect the site against malicious use, Find out more about cookies on The National Infrastructure site. 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 use cookies to collect information about how you use National Infrastructure Planning site. This Advice Note explains the Environmental Impact Assessment (EIA) process set out in the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (the EIA Regulations). Annex has been updated to reflect current practice. such other information or representations as the person making the request may wish to provide or make. The notification will not be considered valid unless this information is provided. The Planning Inspectorate publish Advice Notes that applicants and others may find helpful, providing more detailed advice and information on the application process. The Advice Note also provides advice to Applicants to support them with the successful completion of the process applicable to NSIPs. It also provides advice to Interested Parties and others about how to engage in the process when a change to an application is proposed. It has no statutory status. 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. 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. It is possible that during the course of the pre-application process new information becomes available that may affect that decision. The screening opinion must include written reasons for the Planning Inspectorates decision on whether or not the Proposed Development is EIA development. Find more similar flip PDFs like March 2015 - Tidal Lagoon Cardiff EIA Scoping Report. Imprecise referencing with links to entire documents are usually unhelpful, and the need for clarification may cause delays in the process. 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. This advice note has been prepared to provide some assistance to applicants when preparing their draft Development Consent Order and Explanatory Memorandum. at what stage in the design process the consultation is carried out; the complexity of the Proposed Development and the receiving environment. The revisions to the Checklist reflect the changes to s55 of the Planning Act 2008 brought about by the Localism Act 2011. 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. The Planning Inspectorate requires Applicants to provide a GIS shapefile and requests notice of intended scoping requests (see below Advance notice and GIS shapefile). Rights of way guidance booklet - GOV.UK Advice Note Fourteen: Compiling the Consultation Report Republished February 2021 (version 3). This annex has been revised to reflect current practice. The EIA Regulations include transitional provisions for certain Proposed Developments. 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. Please note, this advice note refers to annexes in a separate document (PDF 226 KB). It complements the advice provided in the Planning Inspectorate's Advice Note 9: Rochdale Envelope. 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 . Planning Inspector training manual - WhatDoTheyKnow The Advice Note has been updated to reflect requirements following the introduction of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 which came into force on 16th May 2017. 5.2 Further information on making a scoping request is provided in the Planning Inspectorate's Advice Note 7: Environmental Impact Assessment. RTPI | Planning Enforcement Handbook for England 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. 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. The Planning System | Historic England 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. The Advice Note has been updated to reflect changes in legislation and new ways of working including the submission of electronic only applications. This is a new Advice Note. Press office. 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. 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. The order of the checklist has been revised to reflect the order in which s.55 (as amended) is presented. 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. 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. 1 December 2011. 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. 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. 01/2009 and all the good practice advice notes which were also published by pins. 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). All references to Advice note 10 removed, AN10 has been retired. 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.