planning inspectorate advice note 7

This new Annex is a result of discussions with Health and Safety Executive (HSE), to help applicants understand HSEs role in infrastructure planning. 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. 01/2009 and all the good practice advice notes which were also published by pins. It also reflects the views, on DCO drafting matters, of those government departments that are most involved in the consenting of DCOs. 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. 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). 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. Google Analytics sets cookies that store anonymised information about: Please enable Strictly Necessary Cookies first so that we can save your preferences! 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 . 6.2 The electronic copy should be a single file including all appendices and figures. Various edits and section 7.2 - 7.4 rewritten. the pages you visit on this site, and how long you spend on each page, what you click on while you're visiting the site. The reasoned conclusion should take into account current knowledge and methods of assessment. 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). 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? We use cookies to store information about how you use the the National Infrastructure site, such as the pages you visit. The Inspectorate will adopt a flexible approach, balancing the requirement for suitable rigour and scientific certainty in assessments, examinations, recommendations and decisions with pragmatism noting the ongoing need to support the preparation and determination of applications in a timely fashion. Consequently, all IPC advice notes have been republished by the Planning Inspectorate. 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. Advice Note 22 has been updated to clarify the notation that should be used with respect to a combined order. 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. These essential cookies do things like protect the site against malicious use, Find out more about cookies on The National Infrastructure site. 1.7 This Advice Note explains the role that the Planning Inspectorate has in administering the EIA process on behalf of the Secretary of State. 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. Is there empirical evidence available to support the request? 3.1 Regulation 8(1) of the EIA Regulations requires the Applicant to do one of the following before carrying out statutory consultation under s42 of the PA2008: 3.2 The screening process is undertaken by the Planning Inspectorate on behalf of the Secretary of State. Therefore, Applicants will need to consider carefully the timing involved as it has the potential to affect the delivery programme of the Proposed Development. Formatting changes were also applied. Sign up to receive email notifications when updates are made to the Planning Inspectorates advice notes and other important web content. 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). Please contact the National Infrastructure case team for further information and advice on this matter. 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, the Advice Notes section of the National Infrastructure Planning website, Environmental Impact Assessment (EIA) The Process, Coronavirus (COVID-19) environmental information and data collection, Notification of the EIA consultation bodies, The role of Preliminary Environmental Information (PEI), Information published on the National Infrastructure Planning website, 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 8.1: 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, 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. To find out more about how we use and manage your personal data, please go to our privacy notice. Advice Note Fifteen: Drafting Development Consent Orders Republished July 2018 (version 2). What DNS applications are currently in progress? It was first issued in 2012, and revised in 2018, but current policy is set out in the 2019 edition. In addition, should a high level of uncertainty remain around key design elements of the Proposed Development this is likely to limit the Planning Inspectorates ability to agree to scope out aspects/matters to enable the refinement of the ES. 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. The Planning Inspectorate will treat the submitted Development Consent Order (DCO) application as a screening request and will re-screen the Proposed Development at the same time as undertaking the decision as to whether or not to accept the application (Regulation 15 of the EIA Regulations). Details of any nonprescribed consultees (see below) will also be provided, if appropriate. It will be kept under review and updated when necessary. A number of applicants have sought advice on the degree of flexibility that would be considered appropriate with regards to an application for a Nationally Significant Infrastructure Project under the PA2008 regime. 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. The Planning Inspectorate determines the appeal procedure after inviting the views of the parties. 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. I can confirm the Planning Inspectorate holds this information. The purpose of this Annex (PDF 213kb) is to provide useful advice to support applicants with the preparation of their Environmental Statement. The Planning Inspectorate requires Applicants to provide a GIS shapefile and requests notice of intended scoping requests (see below Advance notice and GIS shapefile). One text change was also applied, the reference to the Welsh Language Board as a non-prescribed consultation body was removed following the abolition of this organisation on 1 April 2012. The Inspectorate will work closely with Applicants and relevant stakeholders notably our statutory consultation bodies in this regard. It complements the advice provided in the Planning Inspectorate's Advice Note 9: Rochdale Envelope. Under the Localism Act 2011, the IPC is abolished with its work being transferred to the National Infrastructure Directorate, created within the Planning Inspectorate. 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. Where the request document contains high resolution plans/figures, the Planning Inspectorate asks that a low resolution electronic copy is also provided to enable easier downloads for those viewing the document via the National Infrastructure Planning website. Changes made to reflect the up to date practice in relation to s.53 authorisations, publication and other legislative change. 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). 10.4 We follow protocols set down by the Information Commissioners Office, further details of which can be found at www.ico.org.uk. 8.3 Legislation, regulations, policy, advice notes & useful documents (Neill Whittaker, Ivy Legal) 91 . 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. 5.1 Regulation 10(1) of the EIA Regulations allows a person who proposes to make an application for an order granting development consent to ask the Secretary of State to state in writing its opinion as to the scope and level of detail of the information to be provided in the ES. Experience to date has shown that Applicants and others welcome detailed advice on a number of aspects of the PA2008 system. Advice notes for rights of way casework. It is important that the information is compiled in a way that is conducive to this intent. . (Amendment) Regulations 2020 on 31 December 2020. The information provided in the PEI should be accessible yet meet consultees different needs. This advice note sets out advice from the Planning Inspectorate on the preparation of the draft Development Consent Order (DCO). 6.6 Detailed information on the submission of application documents, including the ES, is provided in Advice Note 6. For example, Applicants may choose to consult on preferred sites or solutions. 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. 6.1 Following the Applicant's notification to the Planning Inspectorate in writing that they propose to provide an ES, or after a screening opinion has been adopted to . This is a new Advice Note. Planning Inspectorate Published 1 December 2011 . 10.3 The Planning Inspectorate takes its data protection responsibilities for the information you provide us with very seriously. The notification will not be considered valid unless this information is provided. 5.6 When a scoping opinion is requested and Regulation 8(1) has not yet been completed, the Planning Inspectorate will request the Applicant to provide notification in accordance with Regulation 8(1)(b); that they propose to provide an ES in respect of that development. It has no statutory status. Email. Please note, this advice note refers to annexes in a separate document (DOC 132 KB). 5.8 Prior to submitting a scoping request, Applicants may choose to undertake their own non-statutory consultation with the consultation bodies, or others. 25 October . This might allow for refinement of options prior to making a formal request. 5.10 Ensuring that ESs are appropriately focused on aspects and matters where a likely significant effect may occur is essential. In order to support the Planning Inspectorate with this aim, Applicants should ensure that their requests include sufficient justification for scoping aspects/matters out. 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. The minimum information that Applicants must provide with a screening request is set out in the EIA Regulations in Regulation 8(3). 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. Is the impact likely to be on a scale that may result in significant effects to the aspect/matter? 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.". 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. Applicants may find it useful to provide more than one version of PEI depending upon whom they are consulting. Applicants should note that their formal statutory consultation under s42 of the PA2008 cannot start until one of the above actions has happened. Are these measures capable of being appropriately defined in order to demonstrate their efficacy? The Planning Inspectorate refers to aspects as meaning the relevant descriptions of the environment identified in accordance with the EIA Regulations. 6 (annex: Preparing the technical index to accompany an NSIP application). Do relevant statutory consultees agree with the request? We use Google Analytics to measure how you use the website so we can improve it based on user needs. (R10. 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 . The advice note includes Annex 1 the Inspectorates long form transboundary screening proforma (ODT, 40kb) and Annex 2 the Inspectorates short form transboundary screening proforma (ODT, 37kb). Summary of this Advice Note (Further details of the suggested format for the transboundary screening matrix is provided in the Planning Inspectorates Advice Note 12 Transboundary Impact Consultation.) This sets out how the local community will be consulted about the Proposed Development, in accordance with section 47 of the PA2008 (see also relevant sections of Advice Note 8). It sets out practical ways in which local authority officers and members can participate in the process and manage resources effectively. This Advice Note makes reference to other Advice Notes, these can all be found on the Advice Notes section of the National Infrastructure Planning website. For example, Technical Advice Note 8 identifies parts of Wales for accommodating wind farms. Advice Note Four: Section 52 Republished March 2017 (version 6). Advice Note Seventeen: Cumulative effects assessmentPublished August 2019 (version 2). 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. Updated Application Index and corresponding information in Appendix 1. 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. 5.5 The Planning Inspectorate must adopt a scoping opinion within 42 days of receiving a scoping request (electronic copy). Planning Inspectorate Published 1 January 2010 Last updated . the pages you visit on this site, and how long you spend on each page, what you click on while you're visiting the site. 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. 3.4 Applicants should be aware that a screening opinion from the Planning Inspectorate confirming that a Proposed Development is not an EIA development (a negative opinion) does not negate the need for the submission of environmental information stipulated in other legislation, including for example a flood risk assessment and information on the historic environment which is required in all cases (see Regulation 5(2) of the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009 (as amended) (the APFP Regulations)). Is there a method of avoidance or mitigation that would reduce the impact on the aspect/matter to a level where significant effects would not occur? 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 Fourteen: Compiling the Consultation Report Republished February 2021 (version 3).

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