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. 01/2009 and all the good practice advice notes which were also published by pins. 8.1 As part of their pre-application consultation duties, Applicants are required to prepare a Statement of Community Consultation (SoCC). Rights of way advice note 22: use of correct notation on order maps 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. 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. late scoping consultation responses received after the statutory deadline. It is possible that during the course of the pre-application process new information becomes available that may affect that decision. Regulation 11(3) does not apply to Regulation 11(1)(c) persons or nonprescribed consultees. 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). 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. PDF Challenging the Procedural Decisions of The Planning Inspectorate in (R10. 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. 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. 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). 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. Summary of this Advice Note 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). This advice note should be read in conjunction with the supporting annexes found below: Advice Note Twelve: Transboundary Impacts and Process Republished December 2020 (version 6). Advice Note 8 includes an overview of the PA2008 system and is particularly helpful in this regard. 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 Two: The role of local authorities in the development consent process Published February 2015 (version 1). In order to support the Planning Inspectorate with this aim, Applicants should ensure that their requests include sufficient justification for scoping aspects/matters out. Sign up to receive email notifications when updates are made to the Planning Inspectorates advice notes and other important web content. Advice Note Ten: Habitats Regulations Assessment relevant to nationally Is there an impact pathway from the Proposed Development to the aspect/matter? 10.3 The Planning Inspectorate takes its data protection responsibilities for the information you provide us with very seriously. 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? 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. This advice note has been revised in response to emerging best practice and to clarify the duties on the Secretary of State and the role of the European Economic Area Member States and the Planning Inspectorate in the process. Advice Note 22 has been updated to clarify the notation that should be used with respect to a combined order. 9.5 The Planning Inspectorate acknowledges that the EIA process is iterative and includes public participation as an essential component. This advice note has been revised in response to emerging best practice. Is there sufficient confidence in the avoidance or mitigation method in terms of deliverability and efficacy to support the request? 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. 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)).) This may provide a more effective consultation exercise. We use Google Analytics to measure how you use the website so we can improve it based on user needs. 3.5 An EIA screening opinion adopted during the pre-application process will necessarily be based on currently available information provided by the Applicant. 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). This advice note has been updated to take into account changes occurring as a result of the introduction of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017. This would facilitate the Secretary of States consideration under Regulation 32 of the EIA Regulations. Update to annex to reflect the limit of file size that can be sent by email. 5.4 The scoping process is undertaken by the Planning Inspectorate on behalf of the Secretary of State. The Planning Inspectorate requires Applicants to provide a GIS shapefile and requests notice of intended scoping requests (see below Advance notice and GIS shapefile). Update to Advice Note to reflect DCLG Guidance on the pre-application process. Status of this Advice Note. The advice note also includes updated information relating to the fee arrangements for applications and examinations. 6 May 2021 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. Formatting changes were also applied. Planning Inspectorate Published 1 December 2011 . Experience to date has shown that Applicants and others welcome detailed advice on a number of aspects of the PA2008 system. Update to confirm the need for applications to include information for the purposes of Habitats Regulations Assessment. The Planning Inspectorate publish Advice Notes that applicants and others may find helpful, providing more detailed advice and information on the application process. Please note, this advice note refers to, Advice Note Seven: Environmental Impact Assessment: Preliminary Environmental Information, Screening and Scoping Republished June 2020 (version 7). Applicants screening and scoping requests made to the Planning Inspectorate; any additional screening and scoping information requested by the Planning Inspectorate and submitted by the Applicant; the Planning Inspectorates screening opinion(s); the Planning Inspectorates scoping opinion(s) including all consultation responses received within the statutory deadline; and. View all Advice Notes. Applicants should be aware of the requirements, in certain circumstances to notify Regulation 11(1)(c) bodies. 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. Advice Note Ten: Habitat Regulations Assessment relevant to Nationally Significant Infrastructure Projects Republished August 2022 (version 9). Changes to reflect updated arrangements for the consideration of transboundary effects in respect of nuclear NSIPs. 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 . The justification should be evidence based and have reference to the assessment process. 5.9 Applicants should consider carefully the best time to request a scoping opinion. It is for the Applicant to satisfy themselves if a Proposed Development constitutes an NSIP in accordance with the PA2008. the Secretary of State has initiated the screening direction. Supersedes version 5, March 2015 (PINS, 2015). 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. Revisions in the light of emerging practice. Regulation 10(6) of the EIA Regulations. The Planning Inspectorate is keen to ensure that the scoping process is used effectively, ensuring that the EIA process is proportionate. 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. 3.3 An Applicant making a request for a screening opinion under Regulation 8(1)(a) of the EIA Regulations must provide a sufficient level of information in accordance with the EIA Regulations (see Insert 1). Under the Localism Act 2011, the IPC is abolished with its work being transferred to the National Infrastructure Directorate, created within the Planning Inspectorate. PDF Annex to Advice Note 7 - Presentation of the Environmental Statement ); the *.zip file must contain one of each of the following files: *.prj, *.dbf, *.shp, *.shx; and. 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. It also reflects updated arrangements for the consideration of transboundary effects in respect of nuclear NSIPs. Annex has been updated to reflect current practice. 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. 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. 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. Nonetheless the Inspectorate has a duty to ensure that the applications and assessments necessary to inform a robust examination, recommendation or decision are supported by relevant and up to date information. Advice Note Three: EIA consultation and notification Republished August 2017 (version 7). Cookies are files saved on your phone, tablet or computer when you visit a website. 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. It also explains the involvement of the applicant in the process. 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. Therefore, Applicants will need to consider carefully the timing involved as it has the potential to affect the delivery programme of the Proposed Development. 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.) Press office is open from 09:00 to 17:00 on Monday to Friday, except bank holidays. 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. We use this information to make the website work as well as possible and improve government services. Planning Inspector training manual - WhatDoTheyKnow Rights of way guidance booklet - GOV.UK
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planning inspectorate advice note 7