planning inspectorate advice note 7

5.8 Prior to submitting a scoping request, Applicants may choose to undertake their own non-statutory consultation with the consultation bodies, or others. Advice Note Three: EIA consultation and notification Republished August 2017 (version 7). 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)).) Planning appeals: procedural guide - GOV.UK 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. 10.1 The following pre-application documents will be made available on the relevant project page of the National Infrastructure Planning website: 10.2 As application documents will be published to the National Infrastructure website, Applicants should avoid the inclusion of any personal data relating to individuals in the documents they submit; in particular the consultation report. The advice note also introduces and explains the use of Water Framework Directive overview matrices [see Appendix 1] prepared by thePlanningInspectorate. Advice Note 22 has been updated to clarify the notation that should be used with respect to a combined order. Check Pages 1-50 of March 2015 - Tidal Lagoon Cardiff EIA Scoping Report in the flip PDF version. 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. The screening opinion must include written reasons for the Planning Inspectorates decision on whether or not the Proposed Development is EIA development. The purpose of this Annex (PDF 213kb) is to provide useful advice to support applicants with the preparation of their Environmental Statement. 8.9 Applicants are not required to provide PEI when undertaking their formal consultation (although if they do so they must set out how it will be publicised and consulted on as part of this process). 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. 1.2 Regulation 5 of the EIA Regulations explains that EIA is a process consisting of: 1.3 Regulation 6 of the EIA Regulations explains that a development is EIA development if: 1.4 Regulation 8(1) of the EIA Regulations requires a person who proposes to make an application for an order granting development consent to carry out the EIA screening process described below before carrying out statutory consultation under s42 of the PA2008. This may provide a more effective consultation exercise. It is strongly advised that contact is made, and this discussion is had before a screening opinion is requested. Please contact the National Infrastructure case team for further information and advice on this matter. This advice note has been republished in response to emerging best practice on projects. Consequently, all IPC advice notes have been republished by the Planning Inspectorate. 5.10 Ensuring that ESs are appropriately focused on aspects and matters where a likely significant effect may occur is essential. 4.4 More detailed information on EIA notification and consultation is set out in the Planning Inspectorates Advice Note 3. It has no statutory status. Is there empirical evidence available to support the request? (Amendment) Regulations 2020 on 31 December 2020. 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. Planning Inspectorate . It sets out practical ways in which local authority officers and members can participate in the process and manage resources effectively. 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. The Planning Inspectorate will agree to scope out, from the need for further assessment, aspects and matters where it is appropriate to do so. Advice Note Two: The role of local authorities in the development consent process Published February 2015 (version 1). This was prompted by the publication of, Planning Act 2008: guidance on the pre application process (DCLG March 2015) which updated the requirements and procedures that developers should follow during the pre-application stage. 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. 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 carries out certain functions related to national infrastructure planning on behalf of the Secretary of State. 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. 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. Advice Note Eighteen: The Water Framework Directive Advice Note 8 includes an overview of the PA2008 system and is particularly helpful in this regard. The Regulation specifies As far as the proposed development remains materially the same as the proposed development which was subject to that opinion). Advice Note Six: Preparation and submission of application documents (version 11), This advice note will assist applicants in preparing, organising and submitting applications to the Planning Inspectorate. However, because the information is already published and accessible to you, it is exempt under Section 21 of FOIA. 6. challenging the decision to award costs . 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. Cookies are files saved on your phone, tablet or computer when you visit a website. This advice note has been prepared to provide some assistance to applicants when preparing their draft Development Consent Order and Explanatory Memorandum. Advice on filming and recording at hearings and inquiries at para's 3.5.3 and 3.5.4 has been updated . Please view our FAQ page for further information. 1.8 Regulation 37 of the EIA Regulations sets out the circumstances where the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (the EIA Regulations 2009) continue to apply. If you are a journalist with an . Under that provision, the Secretary of State must notify and exchange information with other EEA states if it is of the view that the proposed development is likely to have significant effects on the environment in these states. Annex to advice note 3 - The Construction Information Service 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. 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). 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. National planning policy The National Planning Policy Framework (NPPF) sets out the government's planning policies, and how they are expected to be applied. It was first issued in 2012, and revised in 2018, but current policy is set out in the 2019 edition. Thank you for your email, requesting information from the Planning Inspectorate. 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. 2.2 The Inspectorate understands that conducting specific surveys and obtaining representative data for some aspects of the environment may still be difficult in the post pandemic period. Is there sufficient confidence in the avoidance or mitigation method in terms of deliverability and efficacy to support the request? the Secretary of State has initiated the screening direction. Advice Note Four: Section 52 Republished March 2017 (version 6). Introduction. Advice Note 16 How to request a change which may be material (version 1 July 2015) replaces the previous version of Advice Note 16. Formatting changes were applied to version 3 of Advice Note 3. Please note, this advice note refers to annexes in a separate document (PDF 226 KB). Please note, this advice note refers to annexes in a separate document (DOC 119 KB). Experience to date has shown that Applicants and others welcome detailed advice on a number of aspects of the PA2008 system. 3.7 Applicants are also referred to the Planning Inspectorate's 'Prospectus for Applicants', which explains the service offered by the Planning Inspectorate to Applicants at the pre-application stage, including . The advice note also includes updated information relating to the fee arrangements for applications and examinations. Is there an impact pathway from the Proposed Development to the aspect/matter? 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. Update to annex to reflect the limit of file size that can be sent by email. 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. It will be kept under review and updated when necessary. This should include any relevant National Policy Statement(s) and guidelines prepared by relevant professional bodies. 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 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). In order to support the Planning Inspectorate with this aim, Applicants should ensure that their requests include sufficient justification for scoping aspects/matters out. To find out more about how we use and manage your personal data, please go to our privacy notice. The purpose of this Advice Note is to provide information to applicants about how to request a change to an application after it has been accepted, and before the close of the Examination. 3.9 The Planning Inspectorate also requests that whatever the route followed by the Applicant (request or notification) a GIS shapefile be prepared and submitted in accordance with the information contained at the subheading below Advance notice and GIS shapefile. (Further details of the suggested format for the transboundary screening matrix is provided in the Planning Inspectorates Advice Note 12 Transboundary Impact Consultation.) We use cookies to store information about how you use the the National Infrastructure site, such as the pages you visit. Advice Note Eight: Overview of the nationally significant infrastructure planning process for members of the public and othersPublished December 2016. Rights of way advice notes - GOV.UK Details relating to the information to be provided with a screening request. 31 December 2021. 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. This advice note provides advice for Applicants in relation to the Habitats Regulations. Monthly Official Statistics Background Quality Report 27 April 2023 provides a clear description of the Proposed Development through all phases of the development consistent with the DCO ie in terms of construction, operation and decommissioning phases; clearly explains the processes followed to develop the ES including the established scope for the assessment; explains the reasonable alternatives considered and the reasons for the chosen option taking into account the effects of the Proposed Development on the environment; details the forecasting methods for the assessment and the limitations (as relevant); assesses in an open and robust way the assessment of likely significant effects explaining where results are uncertain; provides sufficient details of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects, the likely efficacy of such measures and how they are secured; details the need for any ongoing monitoring or remediation; and. Advice Note Thirteen: Preparation of a draft Development Consent Order and Explanatory Memorandum Republished February 2019 (version 3). Advice Note Six: Preparation and submission of application documents (version 11) This advice note will assist applicants in preparing, organising and submitting applications to the Planning Inspectorate. Updated Application Index and corresponding information in Appendix 1. 25 October . PDF Developments of National Significance DNS Engaging with the Process 9.5 The Planning Inspectorate acknowledges that the EIA process is iterative and includes public participation as an essential component. In order to gain the most benefit, Applicants should consider requesting the opinion once there is sufficient certainty about the design of the Proposed Development and the main design elements likely to have a significant environmental effect. Consideration should be given towards the level of certainty and confidence attached to the information in order to aid the Planning Inspectorates decision. 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. Advice Note Seventeen: Cumulative effects assessmentPublished August 2019 (version 2). The order of the checklist has been revised to reflect the order in which s.55 (as amended) is presented. 1.1. Where the transitional provisions are met, the Infrastructure Planning 2009 Environmental Impact Assessment (EIA) Regulations (as amended) continue to apply (see Transitional Provisions below). For example, consultees may look for more or less technical information depending upon their interests. Press office. The Advice Note also provides advice to Applicants to support them with the successful completion of the process applicable to NSIPs. The Inspectorate's website includes a list of all DNS projects and the stage that they . 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. Is the absence of likely significant adverse effects dependent upon proposed measures envisaged to avoid or prevent such effects? Planning and development 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 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. 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 . 7.4 The technical specifications for the shapefile are: 7.5 The shapefile must match exactly the red line that will be presented within the scoping request. 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. For example, Applicants may choose to consult on preferred sites or solutions. relevant features including environmental and planning constraints (eg designated areas on and around the site, such as national parks or historic landscapes). Find more similar flip PDFs like March 2015 - Tidal Lagoon Cardiff EIA Scoping Report.

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planning inspectorate advice note 7

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