planning inspectorate advice note 7

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. Summary of this Advice Note Schedule 3 is only relevant to Schedule 2 projects). Consideration should be given towards the level of certainty and confidence attached to the information in order to aid the Planning Inspectorates decision. 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.) Advice Note 22 has been updated to clarify the notation that should be used with respect to a combined order. Applicants should note that their formal statutory consultation under s42 of the PA2008 cannot start until one of the above actions has happened. The advice note has been updated to reflect up to date practice in relation to requests to make a material change to an application. Status of this Advice Note. The Planning Inspectorate recommends that the methodologies for baseline data collection, identifying Applicants should be aware that the level of detail provided in the PEI may influence the content of consultees responses. 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 Secretary of State directs an accepted application to be EIA development (a screening direction by the Secretary of State made in accordance with Regulation 7 of the EIA Regulations). 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). 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 Inspectorate considers that Applicants should make effort to agree their approach to the collection and presentation of information with relevant consultation bodies. 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). 5.10 Ensuring that ESs are appropriately focused on aspects and matters where a likely significant effect may occur is essential. Advice Note 8 includes an overview of the PA2008 system and is particularly helpful in this regard. This advice note includes minor revisions made in response to emerging best practice on projects. Advice Note 11 has advice on working with public bodies in the pre-application stage which may assist with these decisions. PDF Annex to Advice Note 7 - Presentation of the Environmental Statement Could the impact contribute cumulatively with other impacts to result in significant effects to the aspect/ matter? Advice Note Thirteen: Preparation of a draft Development Consent Order and Explanatory Memorandum Republished February 2019 (version 3). 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. This may provide a more effective consultation exercise. Advice notes | National Infrastructure Planning - Abode Group Planning control Planning and . The Advice Note has been updated to reflect changes in legislation and new ways of working including the submission of electronic only applications. Preparation and submission of application documents. 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. 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)). Advice Note Eighteen: The Water Framework Directive Published June 2017 (version 1). 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). Please note, this advice note refers to annexes in a separate document (DOC 132 KB). 4.4 More detailed information on EIA notification and consultation is set out in the Planning Inspectorates Advice Note 3. Revisions in the light of emerging practice. It accepts no liability for any loss or AN7 and its annexes provide guidance on EIA processes during the preapplication stages Notes 2, 4, 7, 10, 13,17 and 18 have been withdrawn and are no longer used. 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. It sets out practical ways in which local authority officers and members can participate in the process and manage resources effectively. The Planning Inspectorate publish Advice Notes that applicants and others may find helpful, providing more detailed advice and information on the application process. 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. Planning Inspectorate - GOV.UK The Planning Inspectorate requires Applicants to provide a GIS shapefile and requests notice of intended scoping requests (see below Advance notice and GIS shapefile). 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. I can confirm the Planning Inspectorate holds this information. Cookies are files saved on your phone, tablet or computer when you visit a website. 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. demonstrates that the information is sufficient to enable a reasoned conclusion to be reached. 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. The purpose of this Annex (PDF 213kb) is to provide useful advice to support applicants with the preparation of their Environmental Statement. EIA screening opinion (Regulation 8(1)(a)). 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. 6 (annex: Preparing the technical index to accompany an NSIP application). Advice Note Three: EIA consultation and notification Republished August 2017 (version 7). The purpose of this advice note is to clarify the Planning Inspectorate's position on the need for widths to be shown on all public path, definitive map and rail crossing . 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. The Planning Inspectorate recommends that any non-statutory consultation is undertaken in advance of the formal process to avoid any overlap with the Planning Inspectorates statutory scoping consultation process. Regulation 10(6) of the EIA Regulations. 8.7 Applicants should consider carefully whether publication of the PEI at a more advanced stage in the design process of the NSIP, where more detailed information is known about the Proposed Development and its environmental effects, would generate more detailed responses and so better inform the design of the Proposed Development and their EIA. Update to Advice Note to reflect DCLG Guidance on the pre-application process. 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. This might allow for refinement of options prior to making a formal request. 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. Please contact the National Infrastructure case team for further information and advice on this matter. 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. (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.). 6.5 Video or audio information should not be submitted except by prior agreement with the Inspectorate as it will not be certain that all interested parties involved will have the appropriate equipment to view the information. 6 Regulation 11 notification. It also reflects the views, on DCO drafting matters, of those government departments that are most involved in the consenting of DCOs. 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. 31 December 2021. 10.4 We follow protocols set down by the Information Commissioners Office, further details of which can be found at www.ico.org.uk. 5.5 The Planning Inspectorate must adopt a scoping opinion within 42 days of receiving a scoping request (electronic copy). They are published to provide advice and information on a range of issues arising throughout the whole life of the application process. This advice note has been republished to reflect amendments made to the Infrastructure Planning (Application: Prescribed Forms and Procedures) Regulations 2009 by the Infrastructure Planning (Prescribed Consultees and Interested Parties) (Amendment) Regulations 2013 and the Natural Resources Body for Wales (Functions) Order 2013. We use cookies to collect information about how you use National Infrastructure Planning site. 5.9 Applicants should consider carefully the best time to request a scoping opinion. late scoping consultation responses received after the statutory deadline. Subjects. Press office is open from 09:00 to 17:00 on Monday to Friday, except bank holidays. Rights of way guidance booklet - GOV.UK Inspectors training manual - a Freedom of Information request to The minimum information that Applicants must provide with a screening request is set out in the EIA Regulations in Regulation 8(3). Cookies are files saved on your phone, tablet or computer when you visit a website. Annex to Advice Note 7 December 2017 Version 1 best practice used to inform the assessment. 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). 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? planning requirement or other legally binding method? Introduction. 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. 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. The advice note also includes updated information relating to the fee arrangements for applications and examinations. The reconsideration at acceptance will need to take into account any new information that is material to the screening decision. Start letter and initial work. This Advice Note has no statutory status and forms part of a suite of advice provided by the Planning Inspectorate. Is there sufficient confidence in the avoidance or mitigation method in terms of deliverability and efficacy to support the request? Historic England's NPPF briefing outlines some of the main changes between the 2012 and 2018 documents (the subsequent changes in the 2019 . We use cookies to store information about how you use the the National Infrastructure site, such as the pages you visit. 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. PDF Planning Act 2008: Guidance on the pre-application process - GOV.UK 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.

By Removing The Cone And Moving The Patient Closer, Articles P