The information provided in the PEI should be accessible yet meet consultees different needs. If more than one plan is required, the plans should be at the same scale with an overview plan provided (as appropriate). Advice Note Two seeks to provide advice about the important role of local authorities at different stages of the Planning Act 2008 process. Update to confirm the need for applications to include information for the purposes of Habitats Regulations Assessment. the procedural advice issued by the planning inspectorate 4. procedural challenges by way of judicial review: 5. the decision by the secretary of state not to call in a planning application. 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. Advice Note Eighteen: The Water Framework Directive Published June 2017 (version 1). You can find more information on our privacy page. Status of this Advice Note. 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)).) 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. Where the transitional provisions are met, the Infrastructure Planning 2009 Environmental Impact Assessment (EIA) Regulations (as amended) continue to apply (see Transitional Provisions below). Experience to date has shown that Applicants and others welcome detailed advice on a number of aspects of the PA2008 system. there must not be any other files within the *.zip file; it should be in the British National Grid (OSGB1936) format; multiple *.zip files or multiple .shp files within a single zip file are not compatible with the Planning Inspectorates GIS system. The Inspectorate will work closely with Applicants and relevant stakeholders notably our statutory consultation bodies in this regard. Is there an impact pathway from the Proposed Development to the aspect/matter? 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 . 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. (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.). 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. 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. 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. 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. Rights of way guidance booklet - GOV.UK Applicants should consider carefully the timing of the screening request (including the process described below in Advance notice and GIS shapefile) alongside the preparation of the DCO application. 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. Section 14 on data protection has been amended and a new section Copyright and intellectual property has been added. planning requirement or other legally binding method? 5.5 The Planning Inspectorate must adopt a scoping opinion within 42 days of receiving a scoping request (electronic copy). Advice Note Eleven: Working with public bodies in the infrastructure planning process Republished November 2017 (version 4). 25 October . The advice note also introduces and explains the use of Water Framework Directive overview matrices [see Appendix 1] prepared by thePlanningInspectorate. View all Advice Notes. Email. 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. Applicants should note that their formal statutory consultation under s42 of the PA2008 cannot start until one of the above actions has happened. 9.1 Regulation 14 of the EIA Regulations 2017 sets out the information which an ES accompanying a DCO application must include. 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). Although in many cases they include recommendations from the Planning Inspectorate about the approach to particular matters of process, which applicants and others are encouraged to consider carefully, it is not a requirement for applicants or others to have regard to the content of advice notes. Applicants should be aware of the requirements, in certain circumstances to notify Regulation 11(1)(c) bodies. Details of any nonprescribed consultees (see below) will also be provided, if appropriate. Sign up to receive email notifications when updates are made to the Planning Inspectorates advice notes and other important web content. 6 Regulation 11 notification. 5.4 The scoping process is undertaken by the Planning Inspectorate on behalf of the Secretary of State. These essential cookies do things like protect the site against malicious use, Find out more about cookies on The National Infrastructure site. 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). 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 Advice Note also provides advice to Applicants to support them with the successful completion of the process applicable to NSIPs. 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. The Planning Inspectorate determines the appeal procedure after inviting the views of the parties. Cookies are files saved on your phone, tablet or computer when you visit a website. Whilst this Advice Note is aimed primarily at Applicants, it should also be helpful for other persons involved in the PA2008 system. The Planning Inspectorate recommends that the methodologies for baseline data collection, identifying The justification should be evidence based and have reference to the assessment 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. Regulation 10(6) of the EIA Regulations. This advice note also identifies non-prescribed consultation bodies that the Planning Inspectorate may consult on a discretionary basis. 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. Introduction. Please note, this advice note refers to annexes in a separate document (PDF 226 KB). provides a clear description of the Proposed Development through all phases of the development consistent with the DCO ie in terms of construction, operation and decommissioning phases; clearly explains the processes followed to develop the ES including the established scope for the assessment; explains the reasonable alternatives considered and the reasons for the chosen option taking into account the effects of the Proposed Development on the environment; details the forecasting methods for the assessment and the limitations (as relevant); assesses in an open and robust way the assessment of likely significant effects explaining where results are uncertain; provides sufficient details of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects, the likely efficacy of such measures and how they are secured; details the need for any ongoing monitoring or remediation; and. Google Analytics sets cookies that store anonymised information about: Please enable Strictly Necessary Cookies first so that we can save your preferences! 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. 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. Preparation and submission of application documents. 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. We use cookies to store information about how you use the the National Infrastructure site, such as the pages you visit. RTPI | Planning Enforcement Handbook for England 7. 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. Although requesting a scoping opinion of the Secretary of State is not a statutory requirement, the scoping opinion is an important document and the EIA Regulations require the ES to be based on the most recent one adopted (Regulation 14(3) of the EIA Regulations. 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. 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. 6 (annex: Preparing the technical index to accompany an NSIP application). Planning Inspectorate - GOV.UK . It also reflects the views, on DCO drafting matters, of those government departments that are most involved in the consenting of DCOs. It also reflects updated arrangements for the consideration of transboundary effects in respect of nuclear NSIPs. Rights of Way Advice Note No 16 - Widths on Orders - GOV.UK 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. Please contact the National Infrastructure case team for further information and advice on this matter. demonstrates that the information is sufficient to enable a reasoned conclusion to be reached. This advice note has been republished in response to emerging best practice on projects. We do not allow Google to use or share the data about how you use this site. This Advice Note forms part of a suite of such advice provided by the Planning Inspectorate available on our website. Is the impact likely to be on a scale that may result in significant effects to the aspect/matter? Formatting changes, hyperlink on page 1 updated, typo corrected in appendix 1, In order listed in previous column: 2, 3, 3, 4, 3, 3. 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. 10.1 The following pre-application documents will be made available on the relevant project page of the National Infrastructure Planning website: 10.2 As application documents will be published to the National Infrastructure website, Applicants should avoid the inclusion of any personal data relating to individuals in the documents they submit; in particular the consultation report. 8.10 It will be for Applicants to decide at what stage in the pre-application process they wish to commence statutory pre-application consultation, and to decide whether they wish to provide PEI and if so at what point this will be most effective. 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. 4.4 More detailed information on EIA notification and consultation is set out in the Planning Inspectorates Advice Note 3. Provision of PEI may assist in the identification of potential issues, enabling these to be addressed at an earlier stage in the pre-application consultation process. 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 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. Revisions in the light of emerging practice. Google Analytics sets cookies that store anonymised information about: Please enable Strictly Necessary Cookies first so that we can save your preferences! PDF Challenging the Procedural Decisions of The Planning Inspectorate in This new Annex is a result of discussions with Health and Safety Executive (HSE), to help applicants understand HSEs role in infrastructure planning. AN7 and its annexes provide guidance on EIA processes during the preapplication stages 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. Subjects. 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. 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. Advice Note 16 How to request a change which may be material (version 1 July 2015) replaces the previous version of Advice Note 16. The order of the checklist has been revised to reflect the order in which s.55 (as amended) is presented. 1.1 The EIA Regulations determine that EIA development means a development which is either . 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.