planning inspectorate advice note 7

5.5 The Planning Inspectorate must adopt a scoping opinion within 42 days of receiving a scoping request (electronic copy). You can find more information on our privacy page. 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. Advice on filming and recording at hearings and inquiries at para's 3.5.3 and 3.5.4 has been updated . It also reflects the views, on DCO drafting matters, of those government departments that are most involved in the consenting of DCOs. The developers pre-application consultation, publicity and notification duties (version 1 April 2012) was retired. I can confirm the Planning Inspectorate holds this information. Notes 2, 4, 7, 10, 13,17 and 18 have been withdrawn and are no longer used. This would facilitate the Secretary of States consideration under Regulation 32 of the EIA Regulations. However, Applicants are encouraged to provide PEI to enable the statutory consultees to understand the environmental effects of the development and to inform the consultation. Experience to date has shown that Applicants and others welcome detailed advice on a number of aspects of the PA2008 system. 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. Where the transitional provisions are met, the Infrastructure Planning 2009 Environmental Impact Assessment (EIA) Regulations (as amended) continue to apply (see Transitional Provisions below). It has no statutory status. 25 October . 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. Applicants are strongly encouraged to invest time and effort in both statutory and nonstatutory EIA consultation exercises. The Inspectorate will work closely with Applicants and relevant stakeholders notably our statutory consultation bodies in this regard. Planning Inspectorate Published 1 January 2010 Last updated . 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. 31 December 2021. This advice note has been revised in response to emerging best practice. 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. 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. View all Advice Notes. Section 14 on data protection has been amended and a new section Copyright and intellectual property has been added. 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). This advice note has been prepared to provide some assistance to applicants when preparing their draft Development Consent Order and Explanatory Memorandum. If you are a journalist with an . ), Regulation 11 Notification and the Regulation 11 List. Planning Inspectorate Published 1 March 2014 . The Planning Inspectorate is keen to ensure that the scoping process is used effectively, ensuring that the EIA process is proportionate. This is done in a fair, open and timely . March 2015 - Tidal Lagoon Cardiff EIA Scoping Report was published by Dean Bailes on 2015-03-02. 6. challenging the decision to award costs . 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. 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. The reconsideration at acceptance will need to take into account any new information that is material to the screening decision. 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. It complements the advice provided in the Planning Inspectorate's Advice Note 9: Rochdale Envelope. Email. 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. 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. 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). 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. 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. Supersedes Annex to advice note 3 (PINS, 2015). Advice Note Five: Section 53 Rights of entry RepublishedMarch 2017(version 6). Advice Note Sixteen: Requests to change applications after they have been accepted for examination Published March 2023 (version 3). It also provides advice to Interested Parties and others about how to engage in the process when a change to an application is proposed. Regulation 11(3) does not apply to Regulation 11(1)(c) persons or nonprescribed consultees. 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. 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. In particular, the note addresses the procedures for EIA screening and scoping; notification and consultation; matters relating to the production of Preliminary Environmental Information (PEI) and the preparation of Environmental Statements (ES). Advice Note 8 includes an overview of the PA2008 system and is particularly helpful in this regard. 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. 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. 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. 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. late scoping consultation responses received after the statutory deadline. Minor amendments made to clarify the interaction and timings of the DCO process and the Environment Agencys environmental permitting regime. 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. 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. This new Annex is a result of discussions with Health and Safety Executive (HSE), to help applicants understand HSEs role in infrastructure planning. The notification will not be considered valid unless this information is provided. The Planning Inspectorate must adopt a screening opinion within 21 days of receiving a screening request (Regulation 8(8) of the EIA Regulations 2017). Consequently, all IPC advice notes have been republished by the Planning Inspectorate. Advice Note Thirteen: Preparation of a draft Development Consent Order and Explanatory Memorandum Republished February 2019 (version 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. . Revisions in the light of emerging practice. Formatting changes were applied to version 3 of Advice Note 3. They are published to provide advice and information on a range of issues arising throughout the whole life of the application process. 7. types and characteristics of the potential impacts. 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. You can find more information on our privacy page. The justification should be evidence based and have reference to the assessment process. 10.3 The Planning Inspectorate takes its data protection responsibilities for the information you provide us with very seriously. The Planning Inspectorate will agree to scope out, from the need for further assessment, aspects and matters where it is appropriate to do so. In order to support the Planning Inspectorate with this aim, Applicants should ensure that their requests include sufficient justification for scoping aspects/matters out. Advice Note Fourteen: Compiling the Consultation Report Republished February 2021 (version 3). Advice Note One: Local Impact Reports Republished April 2012 (version 2). 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. Is the aspect/matter sensitive to the impact concerned? The Regulation specifies As far as the proposed development remains materially the same as the proposed development which was subject to that opinion). 10.4 We follow protocols set down by the Information Commissioners Office, further details of which can be found at www.ico.org.uk. The advice note has been updated to reflect up to date practice in relation to requests to make a material change to an application. 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). Google Analytics sets cookies that store anonymised information about: Please enable Strictly Necessary Cookies first so that we can save your preferences! 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). 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. Advice Note Eighteen: The Water Framework Directive Published June 2017 (version 1). We do not allow Google to use or share the data about how you use this site. Updated Application Index and corresponding information in Appendix 1. These Advice Notes are referred to in this . It is important that the information is compiled in a way that is conducive to this intent.

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