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. Under the Localism Act 2011, the IPC is abolished with its work being transferred to the National Infrastructure Directorate, created within the Planning Inspectorate. Further advice can be found in the 'Relationship with environmental impact assessment (EIA)' section of this advice note. 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. 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. Email. Revisions in the light of emerging practice. This advice note does not deal with the role of local authorities in the PA2008 process. National planning policy The National Planning Policy Framework (NPPF) sets out the government's planning policies, and how they are expected to be applied. 3.5 An EIA screening opinion adopted during the pre-application process will necessarily be based on currently available information provided by the Applicant. Formatting changes, hyperlink on page 1 updated, typo corrected in appendix 1, In order listed in previous column: 2, 3, 3, 4, 3, 3. This advice note has been revised in response to emerging best practice. We use cookies to collect information about how you use National Infrastructure Planning site. Google Analytics sets cookies that store anonymised information about: Please enable Strictly Necessary Cookies first so that we can save your preferences! Subjects. 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). Where this occurs, Applicants should consider submitting a new screening request to the Planning Inspectorate. Annex to Advice Note 7 December 2017 Version 1 best practice used to inform the assessment. The justification should be evidence based and have reference to the assessment process. Applicants should be aware of the requirements, in certain circumstances to notify Regulation 11(1)(c) bodies. Advice Note Ten: Habitat Regulations Assessment relevant to Nationally Significant Infrastructure Projects Republished August 2022 (version 9). PDF Developments of National Significance DNS Engaging with the Process the preparation of an ES or updated ES, as appropriate, by the Applicant; the carrying out of any consultation, publication and notification required under the Regulations or, as necessary, any other enactment in respect of EIA development; and. 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. Summary of this Advice Note Advice Note Five: Section 53 Rights of entry RepublishedMarch 2017(version 6). 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. 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. 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. Advice Note Sixteen: Requests to change applications after they have been accepted for examination Published March 2023 (version 3). 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? 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)).) Subjects. 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 reflects updated arrangements for the consideration of transboundary effects in respect of nuclear NSIPs. 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. 6.6 Detailed information on the submission of application documents, including the ES, is provided in Advice Note 6. Do relevant statutory consultees agree with the request? Is there a clear route to deliver the measures referred to above on which reliance is being placed e.g. 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). 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). 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. 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. Rights of way guidance booklet - GOV.UK 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.) Is there empirical evidence available to support the request? demonstrates that the information is sufficient to enable a reasoned conclusion to be reached. The screening opinion must include written reasons for the Planning Inspectorates decision on whether or not the Proposed Development is EIA development. 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. Formatting changes were applied to version 3 of Advice Note 3. press.office@planninginspectorate.gov.uk. This Advice Note seeks to provide: a brief description of the legal context and obligations placed on an applicant, with respect to cumulative effects under national planning policy and the EIA Regulations (the Planning Inspectorate's Advice . This advice note also identifies non-prescribed consultation bodies that the Planning Inspectorate may consult on a discretionary basis. 3.7 Applicants should be aware that if the Planning Inspectorate screens or re-screens the Proposed Development during acceptance and determines that it is EIA development, Applicants will be required to provide an ES (Regulation 5(2)(a) of the APFP Regulations 2009) and consideration of the DCO application will be suspended until an ES is provided by the Applicant (Regulation 15(4) of the EIA Regulations). We use Google Analytics to measure how you use the website so we can improve it based on user needs. Updated to reflect ways of working noting circumstances of coronovirus (COVID-19). The notification will not be considered valid unless this information is provided. Advice Note Fifteen: Drafting Development Consent Orders Republished July 2018 (version 2). This might allow for refinement of options prior to making a formal request. Advice Note Seventeen: Cumulative effects assessment relevant to Advice Note Two seeks to provide advice about the important role of local authorities at different stages of the Planning Act 2008 process. The Planning Inspectorate refers to aspects as meaning the relevant descriptions of the environment identified in accordance with the EIA Regulations. types and characteristics of the potential impacts. In any event, Applicants should contact the relevant Infrastructure Planning Lead (IPL) at the Planning Inspectorate who will arrange an inception meeting in advance of any request to discuss details of the Proposed Development. PDF Challenging the Procedural Decisions of The Planning Inspectorate in Please note, this advice note refers to annexes in a separate document (DOC 119 KB). 9.1 Regulation 14 of the EIA Regulations 2017 sets out the information which an ES accompanying a DCO application must include. Are these measures capable of being appropriately defined in order to demonstrate their efficacy? An electronic copy of the request document will be uploaded to the National Infrastructure Planning website and should therefore be optimised for web viewing and should not exceed 50MB per document. Applicants should also note that the PA2008 draws no correlation between the EIA screening process and the criteria for determining if a Proposed Development is an NSIP. (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. 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 . 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. Where the transitional provisions are met, the Infrastructure Planning 2009 Environmental Impact Assessment (EIA) Regulations (as amended) continue to apply (see Transitional Provisions below). This advice note provides advice for Applicants in relation to the Habitats Regulations. Changes to reflect updated arrangements for the consideration of transboundary effects in respect of nuclear NSIPs. It is for the Applicant to satisfy themselves if a Proposed Development constitutes an NSIP in accordance with the PA2008. Planning Inspectorate Published 1 January 2010 Last updated . The information provided in the PEI should be accessible yet meet consultees different needs. We use cookies to store information about how you use the the National Infrastructure site, such as the pages you visit. It was replaced as a non-prescribed consultation body by the Welsh Language Commissioner which now delivers this function. Appendices 1 and 2 also updated. 7.3 At the same time as advance notice is given, a GIS shapefile should be provided to the Planning Inspectorate to identify the land for which the screening and/or scoping request is made. 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. Planning Inspectorate Published 1 March 2014 . Therefore, Applicants that provide notification under Regulation 8(1)(b) should include the information specified in Regulation 8(3), detailed above in Insert 1. . 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. 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 Fourteen: Compiling the Consultation Report Republished February 2021 (version 3). Planning Inspectorate Published 1 December 2011 . Applicants should avoid submitting requests with multiple and varied design and layout options. (Further details of the suggested format for the transboundary screening matrix is provided in the Planning Inspectorates Advice Note 12 Transboundary Impact Consultation.) The Planning Inspectorate requires Applicants to provide a GIS shapefile and requests notice of intended scoping requests (see below Advance notice and GIS shapefile). PDF Annex to Advice Note 7 - Presentation of the Environmental Statement Planning and development It will be kept under review and updated when necessary. It also addresses points relating to the implementation of the Rochdale envelope for Nationally Significant Infrastructure Projects. PDF Appendix 3A Scoping Opinion Responses 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. 9.5 The Planning Inspectorate acknowledges that the EIA process is iterative and includes public participation as an essential component. 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. Regulation 10(6) of the EIA Regulations. Is the absence of likely significant adverse effects dependent upon proposed measures envisaged to avoid or prevent such effects? 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. Imprecise referencing with links to entire documents are usually unhelpful, and the need for clarification may cause delays in the process. 4.3 These bodies are those the Planning Inspectorate considers (i) to be, or to be likely to be affected, by or to have an interest in the Proposed Development; and (ii) to be unlikely to become aware of the Proposed Development by means of the measures taken in compliance with Part 5 of the PA2008 (pre-application consultation). On 23 March 2016 the Planning Inspectorate published revised versions of its four . (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.). It sets out practical ways in which local authority officers and members can participate in the process and manage resources effectively. 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. Advice Note Ten: Habitats Regulations Assessment relevant to nationally 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. This advice note has been republished in response to emerging best practice on projects. Advice notes for rights of way casework. Although in many cases they include recommendations from the Planning Inspectorate about the approach to particular matters of process, which applicants and others are encouraged to consider carefully, it is not a requirement for applicants or others to have regard to the content of advice notes. 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.
Thomaston Police Department,
Elkhart County Tax Sale,
Gillon Mclachlan Polo,
2022 Afl Draft Pick Order,
Articles P