March 2015 - Tidal Lagoon Cardiff EIA Scoping Report - FLIP HTML5 7.1 The Planning Inspectorate requests that advance notice is given prior to making any screening/scoping request. 3 See the Planning Inspectorate's Advice Notes 8.1 and 8.2 on how the process works and Annex to advice note 3 - The Construction Information Service Minor amendments made to clarify the interaction and timings of the DCO process and the Environment Agencys environmental permitting regime. 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. This may provide a more effective consultation exercise. 6. challenging the decision to award costs . 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. 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. Preparation and submission of application documents. 8.2 PEI is defined in the EIA Regulations 2017 as: 8.3 information referred to in regulation 14(2) which . 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. 7. Applicants are strongly encouraged to invest time and effort in both statutory and nonstatutory EIA consultation exercises. 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, Appendix 1 Preparing the technical index to accompany an NSIP application, Appendix 2 Electronic Application Index, Appendix 3 Section 55 Acceptance of Applications Checklist, 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, Annex A Cyfoeth Naturiol Cymru/Natural Resources Wales, Annex G The Health and Safety Executive, Annex H Evidence Plans for Habitats Regulations Assessments of Nationally Significant Infrastructure Projects, Annex 1 the Inspectorates long form transboundary screening proforma, Annex 2 the Inspectorates short form transboundary screening proforma, 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 8.3 Influencing how an application is Examined: the Preliminary Meeting, 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, Updated to establish optimised change request process, Update to clarify pre-submission requirements and submission methods, Updated to include advice on video submissions, Updated sources of further information and general update for clarity and currency, The Advice Note has been updated to reflect changes in legislation, guidance and suggested ways of working, Annex 3 updated to reflect changes made to The Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009 following the coming into force of The Infrastructure Planning (Publication and Notification of Applications etc.) Summary of this Advice Note Further advice can be found in the 'Relationship with environmental impact assessment (EIA)' section of this advice note. 6 May 2021 Details of any nonprescribed consultees (see below) will also be provided, if appropriate. (Amendment) Regulations 2020, Updated to establish policy regarding use of hyperlinks, Updated to reflect integration of short form transboundary screenings into the Scoping Opinion where appropriate, and some minor wording amendments, Updated to reflect development of Natural Englands strategic licensing for legally protected species. a person notifies the Secretary of State in writing under regulation 8(1)(b) that they propose to provide an ES in respect of the Proposed Development; the Secretary of State or an Examining Authority adopts a screening opinion to the effect that the development is EIA development; or. 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. This might allow for refinement of options prior to making a formal request. A good PEI document is one that enables consultees (both specialist and non-specialist) to understand the likely environmental effects of the Proposed Development and helps to inform their consultation responses on the Proposed Development during the pre-application stage. This advice note sets out advice from the Planning Inspectorate on the preparation of the draft Development Consent Order (DCO). 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 . Appendices 1 and 2 also updated. Advice Note 22 has been updated to clarify the notation that should be used with respect to a combined order. After determining the procedure, the Planning Inspectorate will allocate the case to an inspector when one is . Supersedes version 5, March 2015 (PINS, 2015). a description of the physical characteristics of the whole Proposed Development; a description of the location and any sensitive areas likely to be affected; a description of the aspects of the environment likely to be significantly affected; information on the likely significant effects resulting from residues and emissions and the use of natural resources; and, details of any features of the Proposed Development and any measures envisaged to avoid or prevent what might otherwise have been a significant adverse effect on the environment.Advice notes | National Infrastructure Planning - Abode Group 3.15 If Applicants are relying on measures envisaged to avoid or prevent significant adverse effects on the environment, they should explain these in detail including how such measures will be delivered and secured. 8.1 As part of their pre-application consultation duties, Applicants are required to prepare a Statement of Community Consultation (SoCC). Where the transitional provisions are met, the Infrastructure Planning 2009 Environmental Impact Assessment (EIA) Regulations (as amended) continue to apply (see Transitional Provisions below). Changes made to reflect the up to date practice in relation to s.53 authorisations, publication and other legislative change. 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. 6.2 The electronic copy should be a single file including all appendices and figures. 8.3 Legislation, regulations, policy, advice notes & useful documents (Neill Whittaker, Ivy Legal) 91 . 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. Consideration should be given towards the level of certainty and confidence attached to the information in order to aid the Planning Inspectorates decision. We use this information to make the website work as well as possible and improve government services. 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. 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). This will enable the Planning Inspectorate to allocate resources to deal with the request and enable the Planning Inspectorate to identify the consultation bodies in advance of receiving the request thus ensuring a timely start. The advice note also includes updated information relating to the fee arrangements for applications and examinations. 31 December 2021. The Inspectorate is required to take into account the advice it receives from the statutory consultation bodies and will continue to do so in this regard. 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. Advice Note Seventeen: Cumulative effects assessmentPublished August 2019 (version 2). It also explains the involvement of the applicant in the process. 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. This will enable the Planning Inspectorate to ensure that there is sufficient resource available to meet the required demand. 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)). Advice Note Seventeen: Cumulative effects assessment relevant to 6 Regulation 11 notification. 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. It also addresses points relating to the implementation of the Rochdale envelope for Nationally Significant Infrastructure Projects. Formatting changes, hyperlink on page 1 updated, typo corrected in appendix 1, In order listed in previous column: 2, 3, 3, 4, 3, 3. 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. 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. Annex to Advice Note 7 December 2017 Version 1 best practice used to inform the assessment. In order to support the Planning Inspectorate with this aim, Applicants should ensure that their requests include sufficient justification for scoping aspects/matters out. Advice Note 16 How to request a change which may be material (version 1 July 2015) replaces the previous version of Advice Note 16. Update to Advice Note to reflect DCLG Guidance on the pre-application process. We use cookies to collect information about how you use National Infrastructure Planning site. This advice note explains the framework which governs the involvement of relevant consultees and consenting bodies at each stage in the Planning Act 2008 (PA2008) process and sets out the key principles which the Planning Inspectorate hopes will underpin working arrangements. Please note, this advice note refers to, Advice Note Seven: Environmental Impact Assessment: Preliminary Environmental Information, Screening and Scoping Republished June 2020 (version 7). The developers pre-application consultation, publicity and notification duties (version 1 April 2012) was retired. Advice Note Eighteen: The Water Framework Directive Published June 2017 (version 1). These essential cookies do things like protect the site against malicious use, Find out more about cookies on The National Infrastructure site. This advice note has been revised in response to emerging best practice. The advice note has been updated to reflect up to date practice in relation to requests to make a material change to an application. This advice note does not deal with the role of local authorities in the PA2008 process. 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. 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 refers to reporting on virtual consultation activity and reflects the changes made to The Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009 following the coming into force of The Infrastructure Planning (Publication and Notification of Applications etc.) Experience to date has shown that Applicants and others welcome detailed advice on a number of aspects of the PA2008 system. This advice note sets out advice on how to apply to the Planning Inspectorate for an authorisation for a right of entry to gain access onto land in order to carry out surveys and take levels under s53 of the Planning Act 2008. It accepts no liability for any loss or PDF Planning Act 2008: Guidance on the pre-application process - GOV.UK This annex has been revised to reflect current practice. Regulation 10(6) of the EIA Regulations. View all Advice Notes. It was first issued in 2012, and revised in 2018, but current policy is set out in the 2019 edition. such other information or representations as the person making the request may wish to provide or make. Minor changes to wording in appendices for added clarity. Planning Policy Wales and related Technical Advice Notes set out a range of Welsh Government planning policies. Advice Note 8 includes an overview of the PA2008 system and is particularly helpful in this regard. 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. 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 . Please note, this advice note refers to annexes in a separate document (DOC 132 KB). 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 December 2011 . Advice Note 11 has advice on working with public bodies in the pre-application stage which may assist with these decisions. 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. For example, consultees may look for more or less technical information depending upon their interests. Planning Inspector training manual - WhatDoTheyKnow 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. 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. Therefore, Applicants will need to consider carefully the timing involved as it has the potential to affect the delivery programme of the Proposed Development. Rights of way advice note 9: general guidance to inspectors on public 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. 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). Whilst this Advice Note is aimed primarily at Applicants, it should also be helpful for other persons involved in the PA2008 system. We do not allow Google to use or share the data about how you use this site. It also provides advice to Interested Parties and others about how to engage in the process when a change to an application is proposed. Email. RTPI | Planning Enforcement Handbook for England It also reflects updated arrangements for the consideration of transboundary effects in respect of nuclear NSIPs. 3.10 Applicants should be aware that the purpose of the information in Insert 1, above, is to ensure that there is a properly informed screening opinion. 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. 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. PDF Appendix 3A Scoping Opinion Responses 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.