Summary of this Advice Note Advice note no.9, paragraphs 2.3.8 to 2.3.12, have been amended in light of a Court of Appeal judgement and a further amendment has been made to paragraph 2.3.8 Test 2. This advice note sets out a staged approach to cumulative effects assessment (CEA) for Nationally Significant Infrastructure Projects and provides template formats for documenting the CEA within an applicants Environmental Statement. Advice Note Five: Section 53 Rights of entry RepublishedMarch 2017(version 6). The Advice Note also provides advice to Applicants to support them with the successful completion of the process applicable to NSIPs. 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. 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. We use this information to make the website work as well as possible and improve government services. Imprecise referencing with links to entire documents are usually unhelpful, and the need for clarification may cause delays in the process. 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. Schedule 3 is only relevant to Schedule 2 projects). The Planning Inspectorate may also consult the relevant non-prescribed consultation bodies (to be identified in accordance with Advice Note 3), who would also be given 28 days to respond. is reasonably required for the consultation bodies to develop an informed view of the likely significant environmental effects of the development (and of any associated development) (Regulation 12(2)(b) of the EIA Regulations 2017). National planning policy The National Planning Policy Framework (NPPF) sets out the government's planning policies, and how they are expected to be applied. 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 Eighteen: The Water Framework Directive Published June 2017 (version 1). This advice note addresses the use of the Rochdale Envelope approach under the Planning Act 2008 (PA2008). 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). Schedule 2 development, likely to have significant effects on the environment by virtue of factors such as its nature, size or location. Annex has been updated to reflect current practice. The Planning Inspectorate must adopt a screening opinion within 21 days of receiving a screening request (Regulation 8(8) of the EIA Regulations 2017). 10.4 We follow protocols set down by the Information Commissioners Office, further details of which can be found at www.ico.org.uk. Advice Note 16 How to request a change which may be material (version 1 July 2015) replaces the previous version of Advice Note 16. 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. 2.1The Inspectorate understands that measures required in response to COVID-19 had consequences for Applicants ability to obtain relevant environmental information for the purposes of their assessment. Is there sufficient detail and certainty regarding the location and characteristics of the Proposed Development? This Advice Note has no statutory status and forms part of a suite of advice provided by the Planning Inspectorate. These essential cookies do things like protect the site against malicious use, Find out more about cookies on The National Infrastructure site. Advice Note 22 has been updated to clarify the notation that should be used with respect to a combined order. For example, Technical Advice Note 8 identifies parts of Wales for accommodating wind farms. 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. Under the Localism Act 2011, the IPC is abolished with its work being transferred to the National Infrastructure Directorate, created within the Planning Inspectorate. AN7 and its annexes provide guidance on EIA processes during the preapplication stages 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? Experience to date has shown that Applicants and others welcome detailed advice on a number of aspects of the PA2008 system. 8.3 Legislation, regulations, policy, advice notes & useful documents (Neill Whittaker, Ivy Legal) 91 . Sign up to receive email notifications when updates are made to the Planning Inspectorates advice notes and other important web content. Do relevant statutory consultees agree with the request? an outline of the structure of the proposed ES. The advice note has been updated to reflect contemporary best practice in the preparation and maintenance of draft Development Consent Orders throughout the Planning Act 2008 process. Status of this Advice Note. 9.1 Regulation 14 of the EIA Regulations 2017 sets out the information which an ES accompanying a DCO application must include. The Planning Inspectorate will agree to scope out, from the need for further assessment, aspects and matters where it is appropriate to do so. 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.