Advice Note 11 has advice on working with public bodies in the pre-application stage which may assist with these decisions. 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. The advice note was amended to remove the request for a tracked copy of the Draft DCO against the Model Provisions. Please contact the National Infrastructure case team for further information and advice on this matter. Please note, this advice note refers to. 1.1. This may provide a more effective consultation exercise. (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.). 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. 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. 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 . Cookies are files saved on your phone, tablet or computer when you visit a website. 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 Advice Note has been updated to reflect requirements following the introduction of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 which came into force on 16th May 2017. 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 . Applicants should be aware that the level of detail provided in the PEI may influence the content of consultees responses. 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. 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. The reasoned conclusion should take into account current knowledge and methods of assessment. 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. Advice Note Eight has been produced in six sections and aims to take you step by step through the planning process for Nationally Significant Infrastructure Projects: Advice Note Nine: Rochdale Envelope RepublishedJuly 2018 (version 3). Consequently, all IPC advice notes have been republished by the Planning Inspectorate. It sets out practical ways in which local authority officers and members can participate in the process and manage resources effectively. 1.5 Regulation 11 of the EIA Regulations sets out the procedure to facilitate preparation of ESs, in particular the duties of the Secretary of State with regard to consultation. 5.11 The Planning Inspectorate considers that suitable justification to support the scoping out of aspects and matters should include information to address the following questions: 5.12 Inclusion of information responding to the points above will increase the likelihood of the Planning Inspectorate being able to agree to any scoping out requests. 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. This advice note sets out advice from the Planning Inspectorate on the preparation of the draft Development Consent Order (DCO). 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? 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. Section 14 on data protection has been amended and a new section Copyright and intellectual property has been added. 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 . For example, Technical Advice Note 8 identifies parts of Wales for accommodating wind farms. This advice note has been prepared to provide some assistance to applicants when preparing their draft Development Consent Order and Explanatory Memorandum. 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. The screening opinion must include written reasons for the Planning Inspectorates decision on whether or not the Proposed Development is EIA development. 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. Planning Inspectorate Published 1 December 2011 . Version 9 reflects changes in legislation, guidance and suggested ways of working. there must not be any other files within the *.zip file; it should be in the British National Grid (OSGB1936) format; multiple *.zip files or multiple .shp files within a single zip file are not compatible with the Planning Inspectorates GIS system. 6.2 The electronic copy should be a single file including all appendices and figures. 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. 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). 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). . We use cookies to collect information about how you use National Infrastructure Planning site. The Planning Inspectorate refers to aspects as meaning the relevant descriptions of the environment identified in accordance with the EIA Regulations. The Planning Inspectorate uses the term matters referring to those parts that are a subdivision of the aspect, for example an assessment of a particular species is a matter to the aspect of biodiversity. 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. However, because the information is already published and accessible to you, it is exempt under Section 21 of FOIA. Experience to date has shown that Applicants and others welcome detailed advice on a number of aspects of the PA2008 system. 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. Correction of Table 3, Tier 2 projects description, removing the word not so that the text reads projects on the Planning Inspectorates Programme of Projects where a scoping report has been submitted.". Is there a clear route to deliver the measures referred to above on which reliance is being placed e.g. These essential cookies do things like protect the site against malicious use, Find out more about cookies on The National Infrastructure site. Subjects. Is there empirical evidence available to support the request? press.office@planninginspectorate.gov.uk. Download March 2015 - Tidal Lagoon Cardiff EIA Scoping Report PDF for free. Is there sufficient detail and certainty regarding the location and characteristics of the Proposed Development? 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. Status of this Advice Note. It also explains the involvement of the applicant in the process. Advice Note Three: EIA consultation and notification Republished August 2017 (version 7). Check Pages 1-50 of March 2015 - Tidal Lagoon Cardiff EIA Scoping Report in the flip PDF version. 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. The Regulation specifies As far as the proposed development remains materially the same as the proposed development which was subject to that opinion). The Planning Inspectorate is keen to emphasise this requirement since it relates clearly to the obligation placed on the decision maker (Secretary of State) under Regulation 21(b) of the EIA Regulations 2017. 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. 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. After determining the procedure, the Planning Inspectorate will allocate the case to an inspector when one is . Schedule 3 is only relevant to Schedule 2 projects). Advice Note Two: The role of local authorities in the development consent process Published February 2015 (version 1).