1.5 Regulation 11 of the EIA Regulations sets out the procedure to facilitate preparation of ESs, in particular the duties of the Secretary of State with regard to consultation. 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. 7.3 At the same time as advance notice is given, a GIS shapefile should be provided to the Planning Inspectorate to identify the land for which the screening and/or scoping request is made. Regulation 11(3) does not apply to Regulation 11(1)(c) persons or nonprescribed consultees. (Further details of the suggested format for the transboundary screening matrix is provided in the Planning Inspectorates Advice Note 12 Transboundary Impact Consultation.) This Advice Note forms part of a suite of such advice provided by the Planning Inspectorate available on our website. This advice note provides advice for Applicants in relation to the Habitats Regulations. In particular, the note addresses the procedures for EIA screening and scoping; notification and consultation; matters relating to the production of Preliminary Environmental Information (PEI) and the preparation of Environmental Statements (ES). 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). 1 December 2011. We use Google Analytics to measure how you use the website so we can improve it based on user needs. Subjects. Is the absence of likely significant adverse effects dependent upon proposed measures envisaged to avoid or prevent such effects? 9.1 Regulation 14 of the EIA Regulations 2017 sets out the information which an ES accompanying a DCO application must include. It accepts no liability for any loss or For example, consultees may look for more or less technical information depending upon their interests. 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? More detailed advice in respect of these points is provided in Annex 1. 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. We use this information to make the website work as well as possible and improve government services. Whilst this Advice Note is aimed primarily at Applicants, it should also be helpful for other persons involved in the PA2008 system. It is possible that during the course of the pre-application process new information becomes available that may affect that decision. Please note, this advice note refers to annexes in a separate document (DOC 132 KB). The advice note also introduces and explains the use of Water Framework Directive overview matrices [see Appendix 1] prepared by thePlanningInspectorate. It is important that the information is compiled in a way that is conducive to this intent. 4.4 More detailed information on EIA notification and consultation is set out in the Planning Inspectorates Advice Note 3. Planning and development Planning Inspectorate . 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). 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. 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. 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. Advice Note Ten: Habitat Regulations Assessment relevant to Nationally Significant Infrastructure Projects Republished August 2022 (version 9). 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. Formatting changes were applied to version 3 of Advice Note 3. Therefore, Applicants will need to consider carefully the timing involved as it has the potential to affect the delivery programme of the Proposed Development. 6.3 The main body of text in reports should have a minimum font size of 12pt using a clear font such as Arial or Verdana (for further information refer to Royal National Institute for the Blinds clear print design guidelines). Advice Note Eleven: Working with public bodies in the infrastructure planning process Republished November 2017 (version 4). 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. 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. 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. Is there sufficient confidence in the avoidance or mitigation method in terms of deliverability and efficacy to support the request? 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. The Inspectorate will work closely with Applicants and relevant stakeholders notably our statutory consultation bodies in this regard. 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). 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. 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. Consequently, all IPC advice notes have been republished by the Planning Inspectorate. 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. Sign up to receive email notifications when updates are made to the Planning Inspectorates advice notes and other important web content. The Planning Inspectorate will agree to scope out, from the need for further assessment, aspects and matters where it is appropriate to do so. Are these measures capable of being appropriately defined in order to demonstrate their efficacy? We use Google Analytics to measure how you use the website so we can improve it based on user needs. It was first issued in 2012, and revised in 2018, but current policy is set out in the 2019 edition. This advice note should be read in conjunction with the supporting annexes found below: Advice Note Twelve: Transboundary Impacts and Process Republished December 2020 (version 6). Annex has been updated to reflect current practice. Thank you for your email, requesting information from the Planning Inspectorate. 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. The Advice Note has been updated to reflect changes in legislation and new ways of working including the submission of electronic only applications. 8.10 It will be for Applicants to decide at what stage in the pre-application process they wish to commence statutory pre-application consultation, and to decide whether they wish to provide PEI and if so at what point this will be most effective. Version 9 reflects changes in legislation, guidance and suggested ways of working. 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 taken steps to keep this e-mail and any attachments free from viruses. Where this occurs, Applicants should consider submitting a new screening request to the Planning Inspectorate. 6. challenging the decision to award costs . The Regulation specifies As far as the proposed development remains materially the same as the proposed development which was subject to that opinion). These Advice Notes are referred to in this . Advice Note Sixteen: Requests to change applications after they have been accepted for examination Published March 2023 (version 3). 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 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.