planning inspectorate advice note 7

Advice Note 22 has been updated to clarify the notation that should be used with respect to a combined order. The Planning Inspectorate is also required to notify the consultation bodies of the duty imposed on them under Regulation 11(3) of the EIA Regulations, that if requested by the Applicant, they must enter into consultation with that person to determine whether they possess any information which is considered relevant to the preparation of the ES or the updated ES; and, if that is the case, they must make that information available to the Applicant. 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. Could the impact contribute cumulatively with other impacts to result in significant effects to the aspect/ matter? These essential cookies do things like protect the site against malicious use, Find out more about cookies on The National Infrastructure site. 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. It complements the advice provided in the Planning Inspectorate's Advice Note 9: Rochdale Envelope. 7. 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. They are published to provide advice and information on a range of issues arising throughout the whole life of the application process. 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. Planning Inspectorate Published 1 March 2014 . Subjects. Planning Inspectorate . (The relevant IPL can be reached by contacting the Planning Inspectorate Helpline on 0303 444 5000. 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 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). 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. This Advice Note forms part of a suite of such advice provided by the Planning Inspectorate available on our website. ), Regulation 11 Notification and the Regulation 11 List. The Inspectorate considers that Applicants should make effort to agree their approach to the collection and presentation of information with relevant consultation bodies. Further advice can be found in the 'Relationship with environmental impact assessment (EIA)' section of this advice note. Consideration should be given towards the level of certainty and confidence attached to the information in order to aid the Planning Inspectorates decision. 9.1 Regulation 14 of the EIA Regulations 2017 sets out the information which an ES accompanying a DCO application must include. 2.1The Inspectorate understands that measures required in response to COVID-19 had consequences for Applicants ability to obtain relevant environmental information for the purposes of their assessment. 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. Updated to reflect ways of working noting circumstances of coronovirus (COVID-19). The information provided in the PEI should be accessible yet meet consultees different needs. 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. Advice Note 2 - Working together on NSIPs (version 2 April 2012) was retired and replaced with a new Advice Note 2 - The role of local authorities in the development consent process (version 1 February 2015). Advice Note Thirteen: Preparation of a draft Development Consent Order and Explanatory Memorandum Republished February 2019 (version 3). 9.6 Specific aspects and matters identified in the EIA Regulations 2017 and particularly Schedule 4 should be considered in relation to each Proposed Development (as relevant). This should include allowing time to consider and address comments from consultees including, if necessary, undertaking additional surveys and analysis. 9.3 The Planning Inspectorate considers that a good ES is one that: 9.4 Practical advice regarding ES production including presentation techniques is provided at Annex 1 and should be considered alongside this Advice Note. The Regulation specifies As far as the proposed development remains materially the same as the proposed development which was subject to that opinion). To find out more about how we use and manage your personal data, please go to our privacy notice. 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. The revisions to the Checklist reflect the changes to s55 of the Planning Act 2008 brought about by the Localism Act 2011. It seeks to provide advice about the format and content of the Consultation Report. 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. The Planning Inspectorate has published a series of advice notes that are intended to inform applicants, consultees, the public and others about a range of process matters in relation to the Planning Act 2008 (PA2008). This advice note explains the roles of applicants, the appropriate agencies and the Secretary of State in meeting the requirements of The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, as applicable to Nationally Significant Infrastructure Projects under the Planning Act 2008. 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. Therefore, Applicants will need to consider carefully the timing involved as it has the potential to affect the delivery programme of the Proposed Development. 3.13 In dealing with the description of the development and its possible effects on the environment, Applicants should ensure the information is set out with reference to the criteria in Schedule 3 to the EIA Regulations, these being: 3.14 Applicants should also ensure that all aspects of the environment likely to be significantly affected by the development are addressed. Subjects. Advice Note Fifteen: Drafting Development Consent Orders Republished July 2018 (version 2). 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. 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. Consequently, all IPC advice notes have been republished by the Planning Inspectorate. Advice on filming and recording at hearings and inquiries at para's 3.5.3 and 3.5.4 has been updated . Advice Note One is about the production of Local Impact Reports. The Planning Inspectorate recommends that the methodologies for baseline data collection, identifying 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. 1.1. After determining the procedure, the Planning Inspectorate will allocate the case to an inspector when one is . These circumstances are when, before the commencement of the EIA Regulations 2017, one of the following has taken place: 1.9 Applicants should refer to the previous version (Version 5) of this Advice Note for developments where the 2009 EIA Regulations continue to apply. 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. 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. Updated to reflect legislative change from the Infrastructure Planning Environmental Impact Assessment Regulations 2017 and to clarify the Planning Inspectorates approach to EIA notification and consultation. 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). We use this information to make the website work as well as possible and improve government services. 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. 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. The Planning Inspectorate determines the appeal procedure after inviting the views of the parties. 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. 8.3 Legislation, regulations, policy, advice notes & useful documents (Neill Whittaker, Ivy Legal) 91 . Cookies are files saved on your phone, tablet or computer when you visit a website. The advice note also introduces and explains the use of Water Framework Directive overview matrices [see Appendix 1] prepared by thePlanningInspectorate. This advice note has been revised in response to emerging best practice and to clarify the duties on the Secretary of State and the role of the European Economic Area Member States and the Planning Inspectorate in the process. relevant features including environmental and planning constraints (eg designated areas on and around the site, such as national parks or historic landscapes). It accepts no liability for any loss or 1 December 2011. The Planning Inspectorate publish Advice Notes that applicants and others may find helpful, providing more detailed advice and information on the application process. However, if the Applicant considers this to be appropriate (and more cost-effective) it can be presented in this way. 7.1 The Planning Inspectorate requests that advance notice is given prior to making any screening/scoping request. This Advice Note has no statutory status and forms part of a suite of advice provided by the Planning Inspectorate. 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? This includes: 3.8 The Planning Inspectorate requests that notifications made in accordance with Regulation 8(1)(b) of the EIA Regulations are accompanied by information sufficient to facilitate Regulation 11. 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. Regulation 10(6) of the EIA Regulations. Press office is open from 09:00 to 17:00 on Monday to Friday, except bank holidays. 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. Find more similar flip PDFs like March 2015 - Tidal Lagoon Cardiff EIA Scoping Report. 5.9 Applicants should consider carefully the best time to request a scoping opinion. 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. Supersedes Annex to advice note 3 (PINS, 2015). 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. Please contact the National Infrastructure case team for further information and advice on this matter. Historic England's NPPF briefing outlines some of the main changes between the 2012 and 2018 documents (the subsequent changes in the 2019 . . 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. 3.5 An EIA screening opinion adopted during the pre-application process will necessarily be based on currently available information provided by the Applicant. The Planning Inspectorate carries out certain functions related to national infrastructure planning on behalf of the Secretary of State. Applicants should be aware of the requirements, in certain circumstances to notify Regulation 11(1)(c) bodies. Notes 2, 4, 7, 10, 13,17 and 18 have been withdrawn and are no longer used. 6.3 The main body of text in reports should have a minimum font size of 12pt using a clear font such as Arial or Verdana (for further information refer to Royal National Institute for the Blinds clear print design guidelines). 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. 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. Please note, this advice note refers to annexes in a separate document (DOC 132 KB). Minor amendments to inform about a standard set of Protective Provisions and update climate change information. Check Pages 1-50 of March 2015 - Tidal Lagoon Cardiff EIA Scoping Report in the flip PDF version. 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.".

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