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. such other information or representations as the person making the request may wish to provide or make. 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. It is important that the information is compiled in a way that is conducive to this intent. Advice Note Thirteen: Preparation of a draft Development Consent Order and Explanatory Memorandum Republished February 2019 (version 3). 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. We use cookies to store information about how you use the the National Infrastructure site, such as the pages you visit. This advice note has been revised in response to emerging best practice. 8.1 As part of their pre-application consultation duties, Applicants are required to prepare a Statement of Community Consultation (SoCC). Press office is open from 09:00 to 17:00 on Monday to Friday, except bank holidays. After determining the procedure, the Planning Inspectorate will allocate the case to an inspector when one is . 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? Regulation 10(6) of the EIA Regulations. 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. 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. For example, Technical Advice Note 8 identifies parts of Wales for accommodating wind farms. 10.4 We follow protocols set down by the Information Commissioners Office, further details of which can be found at www.ico.org.uk. 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. Advice Note Sixteen: Requests to change applications after they have been accepted for examination Published March 2023 (version 3). Advice Note Eleven: Working with public bodies in the infrastructure planning process Republished November 2017 (version 4). 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). 1 December 2011. This advice note does not deal with the role of local authorities in the PA2008 process. 0303 444 5004. Planning Inspectorate . 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. 6.6 Detailed information on the submission of application documents, including the ES, is provided in Advice Note 6. Whilst this Advice Note is aimed primarily at Applicants, it should also be helpful for other persons involved in the PA2008 system. Version 9 reflects changes in legislation, guidance and suggested ways of working. 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. 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)). To find out more about how we use and manage your personal data, please go to our privacy notice. This is done in a fair, open and timely . Preparation and submission of application documents. Annex has been updated to reflect current practice. 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. 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. Advice Note 16 How to request a change which may be material (version 1 July 2015) replaces the previous version of Advice Note 16. 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. Consideration should be given towards the level of certainty and confidence attached to the information in order to aid the Planning Inspectorates decision. Applicants should be aware that the level of detail provided in the PEI may influence the content of consultees responses. Advice Note One: Local Impact Reports Republished April 2012 (version 2). 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. Amongst the requirements is a reference to the inclusion of additional information specified in Schedule 4 where relevant to the specific characteristics of the particular development or type of development and to the environmental features likely to be significantly affected (Regulation 14(2)(f ) of the EIA Regulations 2017). The Regulation specifies As far as the proposed development remains materially the same as the proposed development which was subject to that opinion). Advice on filming and recording at hearings and inquiries at para's 3.5.3 and 3.5.4 has been updated . Is there a clear route to deliver the measures referred to above on which reliance is being placed e.g. 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. 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)). Cookies are files saved on your phone, tablet or computer when you visit a website. 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. 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. 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. The screening opinion must include written reasons for the Planning Inspectorates decision on whether or not the Proposed Development is EIA development. 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. Planning control Planning and . late scoping consultation responses received after the statutory deadline. The advice note was amended to remove the request for a tracked copy of the Draft DCO against the Model Provisions. 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. 6 May 2021 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. 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. Advice Note Four: Section 52 Republished March 2017 (version 6). Formatting changes were applied to version 3 of Advice Note 3. It also addresses points relating to the implementation of the Rochdale envelope for Nationally Significant Infrastructure Projects. Please note, this advice note refers to annexes in a separate document (DOC 119 KB). The Advice Note has been updated to reflect changes in legislation and new ways of working including the submission of electronic only applications. 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. 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. Download March 2015 - Tidal Lagoon Cardiff EIA Scoping Report PDF for free. 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. March 2015 - Tidal Lagoon Cardiff EIA Scoping Report was published by Dean Bailes on 2015-03-02. 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. 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. 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. 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. at what stage in the design process the consultation is carried out; the complexity of the Proposed Development and the receiving environment. 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. It will be kept under review and updated when necessary. 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. the Secretary of State has initiated the screening direction. 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. 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. Where the transitional provisions are met, the Infrastructure Planning 2009 Environmental Impact Assessment (EIA) Regulations (as amended) continue to apply (see Transitional Provisions below). Please note, this advice note refers to. This advice note has been revised in response to emerging best practice. 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 . It is for the Applicant to satisfy themselves if a Proposed Development constitutes an NSIP in accordance with the PA2008. 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. 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. Planning Policy Wales and related Technical Advice Notes set out a range of Welsh Government planning policies. 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 SoCC must state whether the Proposed Development is EIA development and, if it is, how the Applicant intends to publicise and consult on PEI (Regulation 12 of the EIA Regulations 2017). Advice notes which deal with the PA2008 process are non-statutory. Supersedes version 5, March 2015 (PINS, 2015). Could the impact contribute cumulatively with other impacts to result in significant effects to the aspect/ matter? This Advice Note makes reference to other Advice Notes. The Planning Inspectorate uses the term matters referring to those parts that are a subdivision of the aspect, for example an assessment of a particular species is a matter to the aspect of biodiversity. Advice note 10 has been substantially revised to provide practical guidance on how to submit Habitats Regulations Assessment information with an application and how the Planning Act 2008 process, as amended by the Localism Act 2011, will address HRA. Minor amendments to inform about a standard set of Protective Provisions and update climate change information. Supersedes Annex to advice note 3 (PINS, 2015). 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. 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.) 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. Advice Note Seventeen: Cumulative effects assessmentPublished August 2019 (version 2). If done well, it allows for an early identification of the likely significant effects applicable to the EIA Regulations (in particular Schedule 4) and also provides opportunity to agree where aspects and matters can be scoped out from further assessment. Subjects. Therefore, Applicants will need to consider carefully the timing involved as it has the potential to affect the delivery programme of the Proposed Development. . 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). 5.2 Further information on making a scoping request is provided in the Planning Inspectorate's Advice Note 7: Environmental Impact Assessment. relevant features including environmental and planning constraints (eg designated areas on and around the site, such as national parks or historic landscapes). 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. 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. 01/2009 and all the good practice advice notes which were also published by pins. However, because the information is already published and accessible to you, it is exempt under Section 21 of FOIA. 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. We do not allow Google to use or share the data about how you use this site. Please note, this advice note refers to, Advice Note Seven: Environmental Impact Assessment: Preliminary Environmental Information, Screening and Scoping Republished June 2020 (version 7). (Further details of the suggested format for the transboundary screening matrix is provided in the Planning Inspectorates Advice Note 12 Transboundary Impact Consultation.) 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). Is the absence of likely significant adverse effects dependent upon proposed measures envisaged to avoid or prevent such effects? 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. This advice note provides advice for Applicants in relation to the Habitats Regulations. 6 Regulation 11 notification. 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. 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). Site content: Copyright 2012 The Planning Inspectorate, Daventry International Rail Freight Terminal, Daventry International Rail Freight Terminal Expansion, East Midlands Gateway Rail Freight Interchange, East Northants Resource Management Facility, East Northants Resource Management Facility Western Extension, Hinckley National Rail Freight Interchange, Northampton Gateway Rail Freight Interchange, Outer Dowsing Offshore Wind (Generating Station), A14 Cambridge to Huntingdon Improvement Scheme, A428 Black Cat to Caxton Gibbet Road Improvement scheme, Cambridge Waste Water Treatment Plant Relocation, East Anglia Green Energy Enablement (GREEN) Project, East West Rail Bedford to Cambridge and Western improvements, Larkshall Mill Aggregate Manufacturing and Carbon Capture Facility, Medworth Energy from Waste Combined Heat and Power Facility, Palm Paper 3 CCGT Power station Kings Lynn, Rookery South Energy from Waste Generating Station, Sheringham and Dudgeon Extension Projects, Woodside Link Houghton Regis Bedfordshire, Expansion of Heathrow Airport (Third Runway), North London (Electricity Line) Reinforcement, A1 Birtley to Coal House Improvement Scheme, A1 in Northumberland Morpeth to Ellingham, A19/A1058 Coast Road Junction Improvement, Boston Alternative Energy Facility (BAEF), International Advanced Manufacturing Park TWO (IAMP TWO), A57 Link Roads (previously known as Trans Pennine Upgrade Programme), A585 Windy Harbour to Skippool Improvement Scheme, Morecambe Offshore Windfarm Generation Assets, Morgan and Morecambe Offshore Wind Farms Transmission Assets, Morgan Offshore Wind Farm Generation Assets, Preesall Saltfield Underground Gas Storage, Hampshire Water Transfer and Water Recycling Project, M25 junction 10/A3 Wisley interchange improvement, Oxfordshire Strategic Rail Freight Interchange, Perrys Farm Hazardous Waste Management Facility, Wheelabrator Kemsley Generating Station (K3) and Wheelabrator Kemsley North (WKN) Waste to Energy Facility, A30 Temple to Higher Carblake Improvement, Bere Alston to Tavistock Railway Reinstatement and Associated Trails, Hinkley Point C New Nuclear Power Station, Hinkley Point C New Nuclear Power Station Material Change 1, Portishead Branch Line MetroWest Phase 1, Internal Power Generation Enhancement for Port Talbot Steelworks, Mid Wales Electricity Connection (N Grid), SP Mid Wales (Electricity) Connections Project (SP Manweb), Reinforcement to North Shropshire Electricity Distribution Network, Stafford Area Improvements Norton Bridge Railway, A160 A180 Port of Immingham Improvement, Able Marine Energy Park Material Change 1, Able Marine Energy Park Material Change 2, Continental Link Multi-Purpose Interconnector, Dogger Bank Teesside A / Sofia Offshore Wind Farm (formerly Dogger Bank Teesside B) Project previously known as Dogger Bank Teesside A&B, Drax Bioenergy with Carbon Capture and Storage Project, Ferrybridge D Combined Cycle Gas Turbine (CCGT) Power Station Project, Ferrybridge Multifuel 2 (FM2) Power Station, Hornsea Offshore Wind Farm (Zone 4) Project One, Hornsea Offshore Wind Farm (Zone 4) Project Two, North Doncaster Rail Chord (near Shaftholme), River Humber Gas Pipeline Replacement Project, White Rose Carbon Capture and Storage Project, Yorkshire and Humber CCS Cross Country Pipeline, Submitting an application for development consent, About the National Infrastructure Planning website, Cookies on the National Infrastructure site, Appendix 1 Preparing the technical index to accompany an NSIP application, Appendix 2 Electronic Application Index, Appendix 3 Section 55 Acceptance of Applications Checklist, Advice Note 8.1: Responding to the developers pre-application consultation, Advice Note 8.2: How to register to participate in an Examination, Advice Note 8.3: Influencing how an application is Examined: the Preliminary Meeting, Advice Note 8.5: The Examination: hearings and site inspections, Advice Note 8.6: Virtual examination events, Annex A Cyfoeth Naturiol Cymru/Natural Resources Wales, Annex G The Health and Safety Executive, Annex H Evidence Plans for Habitats Regulations Assessments of Nationally Significant Infrastructure Projects, Annex 1 the Inspectorates long form transboundary screening proforma, Annex 2 the Inspectorates short form transboundary screening proforma, Advice Note two: The role of local authorities in the development consent process, Advice Note Three: EIA Notification and Consultation, Advice Note Four: Section 52: Obtaining information about interests in land (Planning Act 2008), Advice note Five: Section 53 Rights of Entry (Planning Act 2008), Advice Note Six: Preparation and submission of application documents, Advice Note Six, Appendix One Preparing the application index to accompany an NSIP application, Advice Note Seven: Environmental Impact Assessment: Process, Preliminary Environmental Information and Environmental Statements, Advice Note Eight: Overview of the nationally significant infrastructure planning process for members of the public and others, Advice Note 8.3 Influencing how an application is Examined: the Preliminary Meeting, Advice Note Ten: Habitats Regulations Assessment relevant to nationally significant infrastructure projects, Advice Note Eleven: Working with public bodies in the infrastructure planning process, Advice Note Eleven, Annex A Cyfoeth Naturiol Cymru / Natural Resources Wales, Advice Note Eleven, Annex B Marine Management Organisation, Advice Note Eleven, Annex C Natural England and the Planning Inspectorate, Advice Note Eleven, Annex D Environment Agency, Advice Note Eleven, Annex E: Working with public bodies in the infrastructure planning process Historic England, Advice Note Eleven, Annex F Nuclear Regulators, Advice Note Eleven, Annex G The Health and Safety Executive, Advice Note Eleven, Annex H Evidence Plans for Habitats Regulations Assessments of Nationally Significant Infrastructure Projects, Advice Note Twelve: Transboundary Impacts and Process, Advice note thirteen: Preparation of a draft order granting development consent and explanatory memorandum, Advice Note Fourteen: Compiling the Consultation Report, Advice Note Fifteen: Drafting Development Consent Orders, Advice Note Sixteen: Requests to change applications after they have been accepted for examination, Advice Note Seventeen: Cumulative effects assessment relevant to nationally significant infrastructure projects, Advice Note Eighteen: The Water Framework Directive, Updated to establish optimised change request process, Update to clarify pre-submission requirements and submission methods, Updated to include advice on video submissions, Updated sources of further information and general update for clarity and currency, The Advice Note has been updated to reflect changes in legislation, guidance and suggested ways of working, Annex 3 updated to reflect 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 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. 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. Subjects. 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.

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