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. 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. 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. The SoCC must state whether the Proposed Development is EIA development and, if it is, how the Applicant intends to publicise and consult on PEI (Regulation 12 of the EIA Regulations 2017). 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. 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. 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. 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). Responses received after the 28 day deadline will not be considered within the scoping opinion, but will be forwarded to the Applicant for their consideration and published on the National Infrastructure Planning website. 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. 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. The Planning Inspectorate is keen to emphasise this requirement since it relates clearly to the obligation placed on the decision maker (Secretary of State) under Regulation 21(b) of the EIA Regulations 2017. provides a clear description of the Proposed Development through all phases of the development consistent with the DCO ie in terms of construction, operation and decommissioning phases; clearly explains the processes followed to develop the ES including the established scope for the assessment; explains the reasonable alternatives considered and the reasons for the chosen option taking into account the effects of the Proposed Development on the environment; details the forecasting methods for the assessment and the limitations (as relevant); assesses in an open and robust way the assessment of likely significant effects explaining where results are uncertain; provides sufficient details of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects, the likely efficacy of such measures and how they are secured; details the need for any ongoing monitoring or remediation; and. In order to support the Planning Inspectorate with this aim, Applicants should ensure that their requests include sufficient justification for scoping aspects/matters out. 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. 5.8 Prior to submitting a scoping request, Applicants may choose to undertake their own non-statutory consultation with the consultation bodies, or others. 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 . Advice Note 16 How to request a change which may be material (version 1 July 2015) replaces the previous version of Advice Note 16. Notes 2, 4, 7, 10, 13,17 and 18 have been withdrawn and are no longer used. 9.5 The Planning Inspectorate acknowledges that the EIA process is iterative and includes public participation as an essential component. This new Annex is a result of discussions with Health and Safety Executive (HSE), to help applicants understand HSEs role in infrastructure planning. Please view our FAQ page for further information. 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. 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)). 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. This requirement is reflected in the DCO Application Form under Section 14(c) where the Applicant is asked to identify whether notification has been given to these bodies. 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). 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. Schedule 3 is only relevant to Schedule 2 projects). 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. 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. 3 See the Planning Inspectorate's Advice Notes 8.1 and 8.2 on how the process works and The notification will not be considered valid unless this information is provided. 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. Applicants should note that their formal statutory consultation under s42 of the PA2008 cannot start until one of the above actions has happened. Planning and development These essential cookies do things like protect the site against malicious use, Find out more about cookies on The National Infrastructure site. 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. Is the aspect/matter sensitive to the impact concerned? Update to Advice Note to reflect DCLG Guidance on the pre-application process. relevant features including environmental and planning constraints (eg designated areas on and around the site, such as national parks or historic landscapes). This advice note addresses the use of the Rochdale Envelope approach under the Planning Act 2008 (PA2008). Details of any nonprescribed consultees (see below) will also be provided, if appropriate. Historic England's NPPF briefing outlines some of the main changes between the 2012 and 2018 documents (the subsequent changes in the 2019 . Cookies are files saved on your phone, tablet or computer when you visit a website. the preparation of an ES or updated ES, as appropriate, by the Applicant; the carrying out of any consultation, publication and notification required under the Regulations or, as necessary, any other enactment in respect of EIA development; and. Appendix 1 - Preparing the technical index to accompany an NSIP application. I have considered your request under the terms of the Freedom of Information Act 2000. 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.
planning inspectorate advice note 7