Planning Inspectorate Published 1 March 2014 . 4.2 In accordance with Regulation 11(1)(b) of the EIA Regulations, the Planning Inspectorate will provide the Applicant with a list of the notified consultation bodies and any Regulation 11(1)(c) persons. 8.5 Therefore, the level of detail and type of PEI may vary depending on: 8.6 Applicants should respond to these points and consider the most appropriate form in which to present the PEI. Cookies are files saved on your phone, tablet or computer when you visit a website. 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? 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. 1.6 Regulation 14 of the EIA Regulations establishes the information which an ES accompanying an application for an order granting development consent must include. However, because the information is already published and accessible to you, it is exempt under Section 21 of FOIA. The Inspectorate considers that Applicants should make effort to agree their approach to the collection and presentation of information with relevant consultation bodies. 1.8 Regulation 37 of the EIA Regulations sets out the circumstances where the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (the EIA Regulations 2009) continue to apply. This may provide a more effective consultation exercise. Please note, this advice note refers to, Advice Note Seven: Environmental Impact Assessment: Preliminary Environmental Information, Screening and Scoping Republished June 2020 (version 7). Could the impact contribute cumulatively with other impacts to result in significant effects to the aspect/ matter? Various edits and section 7.2 - 7.4 rewritten. 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. Advice Note 11 has advice on working with public bodies in the pre-application stage which may assist with these decisions. The Planning Inspectorate has taken steps to keep this e-mail and any attachments free from viruses. Is the impact likely to be on a scale that may result in significant effects to the aspect/matter? The advice note also introduces and explains the use of Water Framework Directive overview matrices [see Appendix 1] prepared by thePlanningInspectorate. 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. 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. We use cookies to collect information about how you use National Infrastructure Planning site. 9.5 The Planning Inspectorate acknowledges that the EIA process is iterative and includes public participation as an essential component. 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? The reasoned conclusion should take into account current knowledge and methods of assessment. 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). 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. On 23 March 2016 the Planning Inspectorate published revised versions of its four . 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. For example, consultees may look for more or less technical information depending upon their interests. Planning Inspectorate . It also reflects updated arrangements for the consideration of transboundary effects in respect of nuclear NSIPs. Subjects. 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.) Formatting changes were also applied. Annex to Advice Note 7 December 2017 Version 1 best practice used to inform the assessment. Advice Note 8 includes an overview of the PA2008 system and is particularly helpful in this regard. Updated to reflect ways of working noting circumstances of coronovirus (COVID-19). Please note, this advice note refers to. (Further details of the suggested format for the transboundary screening matrix is provided in the Planning Inspectorates Advice Note 12 Transboundary Impact Consultation.) Supersedes version 5, March 2015 (PINS, 2015). The advice note was amended to remove the request for a tracked copy of the Draft DCO against the Model Provisions. press.office@planninginspectorate.gov.uk. 8.3 Legislation, regulations, policy, advice notes & useful documents (Neill Whittaker, Ivy Legal) 91 . The Inspectorate will work closely with Applicants and relevant stakeholders notably our statutory consultation bodies in this regard. Appendix 1 - Preparing the technical index to accompany an NSIP application. 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. For example, Technical Advice Note 8 identifies parts of Wales for accommodating wind farms. (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 10(6) of the EIA Regulations. 8.4 There is no prescribed format as to what PEI should comprise and it is not expected to replicate or be a draft of the ES. 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. 3 See the Planning Inspectorate's Advice Notes 8.1 and 8.2 on how the process works and We use cookies to collect information about how you use National Infrastructure Planning site. Supersedes Annex to advice note 3 (PINS, 2015). 8.2 PEI is defined in the EIA Regulations 2017 as: 8.3 information referred to in regulation 14(2) which . Therefore, Applicants that provide notification under Regulation 8(1)(b) should include the information specified in Regulation 8(3), detailed above in Insert 1. 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 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. Update to annex to reflect the limit of file size that can be sent by email. As noted above, the EIA Regulations explain that the ES should be based on the most recently adopted scoping opinion (where the project remains materially the same) and this emphasises the care and regard that should be given to the scoping process to ensure that aspects/matters included in the Regulations and particularly Schedule 4 (where relevant) are appropriately addressed. Summary of this Advice Note Updated to reflect legislative changes from the Infrastructure Planning Environmental Impact Assessment Regulations 2017, the Conservation of Habitats and Species Regulations 2017 and the Conservation of Offshore Marine Habitats and Species Regulations 2017. changes to reflect the coming into force of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017. Planning Inspectorate Published 1 January 2010 Last updated . 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. 7. planning requirement or other legally binding method? 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. Please note, this advice note refers to annexes in a separate document (PDF 226 KB). 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. This advice note has been revised in response to emerging best practice. 1.2 Regulation 5 of the EIA Regulations explains that EIA is a process consisting of: 1.3 Regulation 6 of the EIA Regulations explains that a development is EIA development if: 1.4 Regulation 8(1) of the EIA Regulations requires a person who proposes to make an application for an order granting development consent to carry out the EIA screening process described below before carrying out statutory consultation under s42 of the PA2008. I can confirm the Planning Inspectorate holds this information. 9.1 Regulation 14 of the EIA Regulations 2017 sets out the information which an ES accompanying a DCO application must include. 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. 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). an explanation of the approach to addressing uncertainty where it remains in relation to elements of the Proposed Development eg design parameters; referenced plans presented at an appropriate scale to convey clearly the information and all known features associated with the Proposed Development; an outline of the reasonable alternatives considered and the reasons for selecting the preferred option; a summary table depicting each of the aspects and matters that are requested to be scoped out allowing for quick identification of issues; a detailed description of the aspects and matters proposed to be scoped out of further assessment with justification provided; results of desktop and baseline studies where available and where relevant to the decision to scope in or out aspects or matters; aspects and matters to be scoped in, the report should include details of the methods to be used to assess impacts and to determine significance of effect eg criteria for determining sensitivity and magnitude; any avoidance or mitigation measures proposed, how they may be secured and the anticipated residual effects; references to any guidance and best practice to be relied upon; evidence of agreements reached with consultation bodies (for example the statutory nature conservation bodies or local authorities); and.
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