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. The order of the checklist has been revised to reflect the order in which s.55 (as amended) is presented. You can find more information on our privacy page. Advice Note One is about the production of Local Impact Reports. Updated Application Index and corresponding information in Appendix 1. It also provides advice to Interested Parties and others about how to engage in the process when a change to an application is proposed. The Planning Inspectorate prefers an early indication of the intent to submit a notification/request preferably several months in advance of the actual request being made. 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). late scoping consultation responses received after the statutory deadline. The Advice Note has been updated to reflect changes in legislation and new ways of working including the submission of electronic only applications. This advice note provides advice for Applicants in relation to the Habitats Regulations. (R10. Advice note 10 has been substantially revised to provide practical guidance on how to submit Habitats Regulations Assessment information with an application and how the Planning Act 2008 process, as amended by the Localism Act 2011, will address HRA. We use this information to make the website work as well as possible and improve government services. 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. Advice Note One: Local Impact Reports Republished April 2012 (version 2). 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. (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.). 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. 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. 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. ); the *.zip file must contain one of each of the following files: *.prj, *.dbf, *.shp, *.shx; and. 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. 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. . We use this information to make the website work as well as possible and improve government services. 6.2 The electronic copy should be a single file including all appendices and figures. 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. Applicants should be aware that the level of detail provided in the PEI may influence the content of consultees responses. Sign up to receive email notifications when updates are made to the Planning Inspectorates advice notes and other important web content. 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. press.office@planninginspectorate.gov.uk. Minor amendments made to clarify the interaction and timings of the DCO process and the Environment Agencys environmental permitting regime. 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 are strongly encouraged to invest time and effort in both statutory and nonstatutory EIA consultation exercises. The Planning Inspectorate requires Applicants to provide a GIS shapefile and requests notice of intended scoping requests (see below Advance notice and GIS shapefile). Start letter and initial work. Applicants should be aware of the requirements, in certain circumstances to notify Regulation 11(1)(c) bodies. 7.2 In addition, the Planning Inspectorate requests that an advance notification from Applicants of an impending screening and/or scoping request is made and recommends that a minimum notice of ten working days is given. If done well, it allows for an early identification of the likely significant effects applicable to the EIA Regulations (in particular Schedule 4) and also provides opportunity to agree where aspects and matters can be scoped out from further assessment. Check Pages 1-50 of March 2015 - Tidal Lagoon Cardiff EIA Scoping Report in the flip PDF version. EIA screening opinion (Regulation 8(1)(a)). Advice Note 11 has advice on working with public bodies in the pre-application stage which may assist with these decisions. Minor updates were made to information in the advice note in response to some industry developments, and clarifications were also made throughout the text in particular in relation to how applicants should prepare their information during the pre-application stage. Advice Note Seventeen: Cumulative effects assessmentPublished August 2019 (version 2). The Planning Inspectorate recommends that the scoping report should include the following information: 5.14 At the same time as making a scoping request, the Applicant may also wish to provide a completed transboundary screening matrix dealing with the potential effects of the Proposed Development on other European Economic Area (EEA) States. It seeks to provide advice about the format and content of the Consultation Report. 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)). 0303 444 5004. Advice Note Sixteen: Requests to change applications after they have been accepted for examination Published March 2023 (version 3). Further advice can be found in the 'Relationship with environmental impact assessment (EIA)' section of this advice note. 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. 5.9 Applicants should consider carefully the best time to request a scoping opinion. This may provide a more effective consultation exercise. 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). 4.1 Following the Applicants notification to the Planning Inspectorate in writing that they propose to provide an ES, or after a screening opinion has been adopted to the effect that the Proposed Development is EIA development, the Planning Inspectorate will notify the consultation bodies that the Applicant intends to provide an ES for the Proposed Development. a description of the Proposed Development, including its location and technical capacity; an explanation of the likely significant effects of the development on the environment; and. 5.5 The Planning Inspectorate must adopt a scoping opinion within 42 days of receiving a scoping request (electronic copy). This advice note has been updated to take into account changes occurring as a result of the introduction of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017. Download March 2015 - Tidal Lagoon Cardiff EIA Scoping Report PDF for free. It is important that the information is compiled in a way that is conducive to this intent. Regulation 11(3) does not apply to Regulation 11(1)(c) persons or nonprescribed consultees. Advice Note 16 How to request a change which may be material (version 1 July 2015) replaces the previous version of Advice Note 16. . 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. 3.9 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. The Planning Inspectorate must take into account the information provided by Applicants, the results of any relevant EU environmental assessment reasonably available, and relevant criteria in Schedule 3 to the EIA Regulations (Regulation 9 and Schedule 3 of the EIA Regulations. Advice Note Eleven: Working with public bodies in the infrastructure planning process Republished November 2017 (version 4). The Planning Inspectorate is keen to ensure that the scoping process is used effectively, ensuring that the EIA process is proportionate. 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. We do not allow Google to use or share the data about how you use this site. Preparation and submission of application documents. 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. Is there sufficient confidence in the avoidance or mitigation method in terms of deliverability and efficacy to support the request? 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 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). This is done in a fair, open and timely . 31 December 2021. Formatting changes were applied to version 3 of Advice Note 3. I can confirm the Planning Inspectorate holds this information. This should include any relevant National Policy Statement(s) and guidelines prepared by relevant professional bodies.
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