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 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). 25 October . Press office is open from 09:00 to 17:00 on Monday to Friday, except bank holidays. 3.5 An EIA screening opinion adopted during the pre-application process will necessarily be based on currently available information provided by the Applicant. Therefore, Applicants that provide notification under Regulation 8(1)(b) should include the information specified in Regulation 8(3), detailed above in Insert 1. Applicants should avoid submitting requests with multiple and varied design and layout options. Advice Note Fourteen: Compiling the Consultation Report Republished February 2021 (version 3). This should include any relevant National Policy Statement(s) and guidelines prepared by relevant professional bodies. One text change was also applied, the reference to the Welsh Language Board as a non-prescribed consultation body was removed following the abolition of this organisation on 1 April 2012. 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 sets out a staged approach to cumulative effects assessment (CEA) for Nationally Significant Infrastructure Projects and provides template formats for documenting the CEA within an applicants Environmental Statement. 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 sets out how the local community will be consulted about the Proposed Development, in accordance with section 47 of the PA2008 (see also relevant sections of Advice Note 8). Is there a clear route to deliver the measures referred to above on which reliance is being placed e.g. The Planning Inspectorate must adopt a screening opinion within 21 days of receiving a screening request (Regulation 8(8) of the EIA Regulations 2017). 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)). 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. 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. Please note, this advice note refers to annexes in a separate document (DOC 119 KB). 10.4 We follow protocols set down by the Information Commissioners Office, further details of which can be found at www.ico.org.uk. This Advice Note forms part of a suite of such advice provided by the Planning Inspectorate available on our website. 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. This annex has been revised to reflect current practice. 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. 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. 3.16 Applicants are advised to consider the following questions in respect of their Proposed Development before making a screening request: 3.17 If the answer to any of questions 1-5 above is no or dont know then Applicants should consider carefully whether the timing of the screening request is appropriate. 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. 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. Is there an impact pathway from the Proposed Development to the aspect/matter? March 2015 - Tidal Lagoon Cardiff EIA Scoping Report was published by Dean Bailes on 2015-03-02. Consequently, all IPC advice notes have been republished by the Planning Inspectorate. (Amendment) Regulations 2020, Updated to establish policy regarding use of hyperlinks, Updated to reflect integration of short form transboundary screenings into the Scoping Opinion where appropriate, and some minor wording amendments, Updated to reflect development of Natural Englands strategic licensing for legally protected species. It is important that the information is compiled in a way that is conducive to this intent. 6 Regulation 11 notification. Advice Note Thirteen: Preparation of a draft Development Consent Order and Explanatory Memorandum Republished February 2019 (version 3). This advice note has been revised in response to emerging best practice. This advice note also identifies non-prescribed consultation bodies that the Planning Inspectorate may consult on a discretionary basis. Whilst this Advice Note is aimed primarily at Applicants, it should also be helpful for other persons involved in the PA2008 system. 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. Advice Note 22 has been updated to clarify the notation that should be used with respect to a combined order. Advice notes which deal with the PA2008 process are non-statutory. Annex to Advice Note 7 December 2017 Version 1 best practice used to inform the assessment. 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. 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). This Advice Note explains the Environmental Impact Assessment (EIA) process set out in the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (the EIA Regulations). Subjects. 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. Where this occurs, Applicants should consider submitting a new screening request to the Planning Inspectorate. View all Advice Notes. 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. 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. 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. The advice note also introduces and explains the use of Water Framework Directive overview matrices [see Appendix 1] prepared by thePlanningInspectorate. 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. It sets out practical ways in which local authority officers and members can participate in the process and manage resources effectively. 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. 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 Sixteen: Requests to change applications after they have been accepted for examination Published March 2023 (version 3). 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. These essential cookies do things like protect the site against malicious use, Find out more about cookies on The National Infrastructure site. It was replaced as a non-prescribed consultation body by the Welsh Language Commissioner which now delivers this function. We use this information to make the website work as well as possible and improve government services. It will be kept under review and updated when necessary. Formatting changes were also applied. These Advice Notes are referred to in this . 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. Regulation 11(1)(c) of the EIA Regulations requires the Planning Inspectorate to notify the Applicant of any such bodies, and it is the duty of the Applicant to include them in their consultation. 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. 8.2 PEI is defined in the EIA Regulations 2017 as: 8.3 information referred to in regulation 14(2) which . 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. 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. 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. 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). 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 minimum information that Applicants must provide with a screening request is set out in the EIA Regulations in Regulation 8(3). This requirement is reflected in the DCO Application Form under Section 14(c) where the Applicant is asked to identify whether notification has been given to these bodies. The Advice Note has been updated to reflect changes in legislation and new ways of working including the submission of electronic only applications. Regulation 10(6) of the EIA Regulations. I have considered your request under the terms of the Freedom of Information Act 2000. 5.5 The Planning Inspectorate must adopt a scoping opinion within 42 days of receiving a scoping request (electronic copy). What DNS applications are currently in progress? Applicants should be aware that the level of detail provided in the PEI may influence the content of consultees responses. 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. 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). Formatting changes, hyperlink on page 1 updated, typo corrected in appendix 1, In order listed in previous column: 2, 3, 3, 4, 3, 3. Do relevant statutory consultees agree with the request? This advice note provides advice for Applicants in relation to the Habitats Regulations. We use cookies to store information about how you use the the National Infrastructure site, such as the pages you visit. 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. Various edits and section 7.2 - 7.4 rewritten. The advice note was amended to remove the request for a tracked copy of the Draft DCO against the Model Provisions. Advice Note 11 has advice on working with public bodies in the pre-application stage which may assist with these decisions. Are these measures capable of being appropriately defined in order to demonstrate their efficacy? 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. For example, Applicants may choose to consult on preferred sites or solutions. However, because the information is already published and accessible to you, it is exempt under Section 21 of FOIA. ), Regulation 11 Notification and the Regulation 11 List. On 23 March 2016 the Planning Inspectorate published revised versions of its four . 6. challenging the decision to award costs . However, if the Applicant considers this to be appropriate (and more cost-effective) it can be presented in this way. Minor amendments to inform about a standard set of Protective Provisions and update climate change information. This may provide a more effective consultation exercise. 6.2 The electronic copy should be a single file including all appendices and figures. 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. 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 purpose of this Annex (PDF 213kb) is to provide useful advice to support applicants with the preparation of their Environmental Statement. The Regulation specifies As far as the proposed development remains materially the same as the proposed development which was subject to that opinion). Is there sufficient detail and certainty regarding the location and characteristics of the Proposed Development? Update to confirm the need for applications to include information for the purposes of Habitats Regulations Assessment. I can confirm the Planning Inspectorate holds this information. The screening opinion must include written reasons for the Planning Inspectorates decision on whether or not the Proposed Development is EIA development. Is the impact likely to be on a scale that may result in significant effects to the aspect/matter? 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. Advice Note Eleven: Working with public bodies in the infrastructure planning process Republished November 2017 (version 4). late scoping consultation responses received after the statutory deadline. 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. 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. The developers pre-application consultation, publicity and notification duties (version 1 April 2012) was retired. Press office. 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. Advice notes for rights of way casework. Advice Note Two: The role of local authorities in the development consent process Published February 2015 (version 1). Updated Application Index and corresponding information in Appendix 1. Advice Note One is about the production of Local Impact Reports. 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. Update to Advice Note to reflect DCLG Guidance on the pre-application process. This would facilitate the Secretary of States consideration under Regulation 32 of the EIA Regulations. 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? 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. Revisions in the light of emerging practice. Under the Localism Act 2011, the IPC is abolished with its work being transferred to the National Infrastructure Directorate, created within the Planning Inspectorate. Summary of this Advice Note The Planning Inspectorate has taken steps to keep this e-mail and any attachments free from viruses. Applicants should be aware of the requirements, in certain circumstances to notify Regulation 11(1)(c) bodies. We do not allow Google to use or share the data about how you use this site. 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. 5.2 Further information on making a scoping request is provided in the Planning Inspectorate's Advice Note 7: Environmental Impact Assessment. The Advice Note also provides advice to Applicants to support them with the successful completion of the process applicable to NSIPs. 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. Formatting changes were applied to version 3 of Advice Note 3. 31 December 2021. The advice note also includes updated information relating to the fee arrangements for applications and examinations. 8.3 Legislation, regulations, policy, advice notes & useful documents (Neill Whittaker, Ivy Legal) 91 . Advice Note Four: Section 52 Republished March 2017 (version 6). 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 Planning Inspectorate carries out certain functions related to national infrastructure planning on behalf of the Secretary of State. The EIA Regulations include transitional provisions for certain Proposed Developments. 4.4 More detailed information on EIA notification and consultation is set out in the Planning Inspectorates Advice Note 3.

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