5.5 The Planning Inspectorate must adopt a scoping opinion within 42 days of receiving a scoping request (electronic copy). It sets out practical ways in which local authority officers and members can participate in the process and manage resources effectively. 3.3 An Applicant making a request for a screening opinion under Regulation 8(1)(a) of the EIA Regulations must provide a sufficient level of information in accordance with the EIA Regulations (see Insert 1). Advice Note 8 includes an overview of the PA2008 system and is particularly helpful in this regard. 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. 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. Status of this Advice Note. types and characteristics of the potential impacts. Consequently, all IPC advice notes have been republished by the Planning Inspectorate. Please note, this advice note refers to. Schedule 3 is only relevant to Schedule 2 projects). 1.1 The EIA Regulations determine that EIA development means a development which is either . Email. Applicants should be aware of the requirements, in certain circumstances to notify Regulation 11(1)(c) 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). 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. Advice Note Fifteen: Drafting Development Consent Orders Republished July 2018 (version 2). This advice note has been republished to reflect amendments made to the Infrastructure Planning (Application: Prescribed Forms and Procedures) Regulations 2009 by the Infrastructure Planning (Prescribed Consultees and Interested Parties) (Amendment) Regulations 2013 and the Natural Resources Body for Wales (Functions) Order 2013. 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. 6 (annex: Preparing the technical index to accompany an NSIP application). 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. (Further details of the suggested format for the transboundary screening matrix is provided in the Planning Inspectorates Advice Note 12 Transboundary Impact Consultation.) 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. Notes 2, 4, 7, 10, 13,17 and 18 have been withdrawn and are no longer used. This advice note addresses the use of the Rochdale Envelope approach under the Planning Act 2008 (PA2008). 6 May 2021 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. 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. Update to confirm the need for applications to include information for the purposes of Habitats Regulations Assessment. A change register has now been published at the foot of this page to help those who regularly refer to our advice notes keep track of any changes, including when new advice notes are published. 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? This may provide a more effective consultation exercise. 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). All references to Advice note 10 removed, AN10 has been retired. Are these measures capable of being appropriately defined in order to demonstrate their efficacy? Press office is open from 09:00 to 17:00 on Monday to Friday, except bank holidays. 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. Is there a clear route to deliver the measures referred to above on which reliance is being placed e.g. The purpose of this advice note is to provide advice on elements of the EIA process during the Pre-application stage, namely screening and scoping and to assist applicants in understanding the role of preliminary environmental information. Planning Inspector training manual - WhatDoTheyKnow 3.7 Applicants should be aware that if the Planning Inspectorate screens or re-screens the Proposed Development during acceptance and determines that it is EIA development, Applicants will be required to provide an ES (Regulation 5(2)(a) of the APFP Regulations 2009) and consideration of the DCO application will be suspended until an ES is provided by the Applicant (Regulation 15(4) of the EIA Regulations). 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). 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. Sign up to receive email notifications when updates are made to the Planning Inspectorates advice notes and other important web content. 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. However, if the Applicant considers this to be appropriate (and more cost-effective) it can be presented in this way. 5.2 Further information on making a scoping request is provided in the Planning Inspectorate's Advice Note 7: Environmental Impact Assessment. This advice note explains the roles and responsibilities of the Secretary of State, the PlanningInspectorate, European Economic Area Member States and applicant applicable under Regulation 32 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017. Advice Note Thirteen: Preparation of a draft Development Consent Order and Explanatory Memorandum Republished February 2019 (version 3). 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. We use Google Analytics to measure how you use the website so we can improve it based on user needs. 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. It seeks to provide advice about the format and content of the Consultation Report. Advice notes which deal with the PA2008 process are non-statutory. March 2015 - Tidal Lagoon Cardiff EIA Scoping Report was published by Dean Bailes on 2015-03-02. 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). 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. Advice on filming and recording at hearings and inquiries at para's 3.5.3 and 3.5.4 has been updated . 5.7 An effective scoping process should enable the refinement of the assessment and ultimately the information required to form the ES. 3.16 Applicants are advised to consider the following questions in respect of their Proposed Development before making a screening request: 3.17 If the answer to any of questions 1-5 above is no or dont know then Applicants should consider carefully whether the timing of the screening request is appropriate. The Regulation specifies As far as the proposed development remains materially the same as the proposed development which was subject to that opinion). such other information or representations as the person making the request may wish to provide or make. Planning control Planning and . For example, Technical Advice Note 8 identifies parts of Wales for accommodating wind farms. The Planning Inspectorate determines the appeal procedure after inviting the views of the parties. 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. March 2015 - Tidal Lagoon Cardiff EIA Scoping Report - FLIP HTML5 You can find more information on our privacy page. Please note, this advice note refers to annexes in a separate document (DOC 119 KB). the proposed draft DCO site boundary (identified by a red line) including any associated development; any permanent land take required for the Proposed Development; any temporary land take required for construction, including construction compounds; any existing infrastructure which would be retained or upgraded for use as part of the Proposed Development and any existing infrastructure which would be removed; and. it should be a polygon geometry type and consist of one or more polygon features representing the proposed DCO site boundary (including any temporary, permanent and associated development); it should be a single, valid, ESRI Shapefile for the proposed DCO site boundary, provided as a *.zip file using the default WinZip settings (ie no encryption, normal compression etc. Advice Note Eight: Overview of the nationally significant infrastructure planning process for members of the public and othersPublished December 2016. Rights of way guidance booklet - GOV.UK It is possible that during the course of the pre-application process new information becomes available that may affect that decision. For example, Applicants may choose to consult on preferred sites or solutions. We use Google Analytics to measure how you use the website so we can improve it based on user needs. 5.9 Applicants should consider carefully the best time to request a scoping opinion. 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 Planning Inspectorate must adopt a screening opinion within 21 days of receiving a screening request (Regulation 8(8) of the EIA Regulations 2017). 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. List of planning inspectors - a Freedom of Information request to 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. This advice note is aimed primarily at applicants and local authorities, however, it is also relevant to any consultee who may be interested to know how an applicants Pre-application consultation is reported. Formatting changes were also applied. Advice Note Seven: Environmental Impact Assessment: Process 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. 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. You can find more information on our privacy page. It also explains the involvement of the applicant in the process. Is the absence of likely significant adverse effects dependent upon proposed measures envisaged to avoid or prevent such effects? 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. demonstrates that the information is sufficient to enable a reasoned conclusion to be reached. 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.
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