The Planning Inspectorate has published a series of advice notes that are intended to inform developers, consultees, the public and others about a range of process matters in relation to the Planning Act 2008 process (as amended by the Localism Act 2011). It also publishes good practice advice notes and other guidance relating to planning appeals and other casework under the Town and Country Planning Act 1990 (as amended) and related legislation. Each item of advice and guidance sets out the general type of casework and/or the legislation that is applicable to it, and should be read and applied in that way. National infrastructure advice notes are non-statutory. They are published to provide advice and information on a range of issues arising throughout the whole life of the application process. Although in many cases they include recommendations from the Planning Inspectorate about the approach to particular matters of process, which developers and others are encouraged to consider carefully, it is not a requirement for developers or others to have regard to the content of advice notes. A change register has now been published at the foot of this page to help those who regularly refer to national infrastructure advice notes keep track of any changes including when new advice notes are published.
Advice note ten: Habitat Regulations Assessment relevant to nationally significant infrastructure projects (PDF 1 MB) Republished November 2017 Version 8) This version of Advice Note 10 supersedes all previous versions. Along with some minor updates in response to industry developments in the topic area, some clarifications have been made regarding how the assessment matrices should be prepared by the applicant and how these matrices will be used to inform the decision making process. The template matrices are provided in Appendix 1 and Appendix 2.
Advice note eleven: Working with public bodies in the infrastructure planning process (PDF 264 KB) Republished November 2017 (version 4) This advice note explains the framework which governs the involvement of relevant consultees and consenting bodies at each stage in the process and sets out the key principles which the Planning Inspectorate hopes will underpin working arrangements. This advice note does not deal with the role of local authorities under the 2008 Act regime. This advice note should be read in conjunction with the supporting annexes found below: Annex A – Cyfoeth Naturiol Cymru/Natural Resources Wales (PDF 73 KB) Annex B – Marine Management Organisation (PDF 151 KB) Annex C – Natural England (PDF 170 KB) Annex D – Environment Agency (PDF 419 KB) Annex E – Historic England (PDF 88 KB) Annex F – Nuclear Regulators (PDF 116 KB)
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This change register was introduced on 1 May 2012 and lists any changes made to existing advice notes and notes the publication of any new advice notes.
|Date updated||Advice note||Version||Detail of change|
|December 2017||7 and Annex||6 & 1||The Advice Note has been updated to reflect requirements following the introduction of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 which came into force on 16th May 2017.|
|December 2017||10||8||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|
|November 2017||11||4||changes to reflect the coming into force of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017.|
|August 2017||3 and Annex||7||Updated to reflect legislative change from the Infrastructure Planning Environmental Impact Assessment Regulations 2017 and to clarify the Planning Inspectorate’s approach to EIA notification and consultation.|
|June 2017||18||New||New advice note|
|March 2017||5||6||Changes made to reflect the up to date practice in relation to s.53 authorisations, publication and other legislative change|
|February 2017||8, 8.1, 8.2, 8.3, 8.4 & 8.5||Various||Updated|
|February 2016||6||7||Update to confirm the need for applications to include information for the purposes of Habitats Regulations Assessment.|
|January 2016||10||7||Update to Advice Note to reflect DCLG Guidance on the pre-application process. Appendices 1 and 2 also updated.|
|December 2015||17||1||Correction of Table 3, Tier 2 projects description, removing the word ‘not’ so that the text reads “projects on the Planning Inspectorate’s Programme of Projects where a scoping report has been submitted."|
|December 2015||12||4||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. It also explains the involvement of the applicant in the process.|
|December 2015||17||1||New advice note|
|November 2015||Advice Note 11 Annex D||2||This annex has been revised to reflect current practice|
|October 2015||Annex A advice note 11||2||Update to reflect the formation of Natural Resources Wales, which resulted from the merger of the Countryside Council for Wales, Environmental Agency Wales and Forestry Commission Wales, with effect from April 2013.|
|October 2015||Annex C advice note 11||2||Revisions in the light of emerging practice.|
|July 2015||16||1||The developer’s pre-application consultation, publicity and notification duties (version 1 April 2012) was retired. 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. Advice Note 16 – How to request a change which may be material (version 1 July 2015) replaces the previous version of Advice Note 16.|
|June 2015||3||6||This advice note has been revised in response to emerging best practice.|
|June 2015||10||6||Minor updates were made to information in the advice note in response to some industry developments, and clarifications were also made throughout the text in particular in relation to how applicants should prepare their information during the pre-application stage. Formatting changes were also applied.|
|April 2015||Annex E advice note 11||2||Update to reflect the division of English Heritage into two bodies, English Heritage and Historic England, with Historic England taking the role of statutory advisor, with effect from April 2015.|
|April 2015||5||5||This advice note has been revised in response to emerging best practice|
|April 2015||4||5||This advice note has been revised in response to emerging best practice|
|March 2015||7||5||This advice note includes minor revisions made in response to emerging best practice on projects.|
|February 2015||2||1||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).|
|October 2014||15||1||Digest of DCOs made up to summer 2014|
|October 2014||6||6||Changes to reflect the
provisions of the Growth and Infrastructure Act 2013 and improvements to the
Planning Inspectorate’s service informed by the ‘2014 review’ of nationally significant
|August 2013||10||5||This advice note has been republished in response to emerging best practice on projects.|
|October 2013||4||This advice note has been republished in response to emerging best practice on projects.|
|5||4||This advice note has been republished in response to emerging best practice on projects.|
|25/07/2013||7||4||This advice note has been republished in response to emerging best practice on projects.|
|25/07/2013||3 and appendix||5||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.|
|04/04/2013||6 (annex: Preparing the technical index to accompany an NSIP application)||2||Update to annex to reflect the limit of file size that can be sent by email.|
|25/01/2013||10 (appendices 1 and 2)||4||Minor changes to wording in appendices for added clarity.|
|16/11/2012||11 (Annex E)||1||New annex added|
|25/10/2012||10 and appendices||3||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.
A set of matrices has been introduced to be submitted with a Development Consent Order application. These new matrices will form an integral part of the information submitted with the application. This advice note explains how the matrices should be prepared by the applicant and how these matrices will be used to inform the decision making process.
|08/06/2012||6||5||Formatting changes, hyperlink on page 1 updated, typo corrected in appendix 1|
|28/05/2012||2, 8.1, 8.2, 8.3, 8.4, 8.5||In order listed in previous column: 2, 3, 3, 4, 3, 3||Welsh versions added.|
|22/05/2012||6 (Appendix 2)||5||The revisions to the Checklist reflect the changes to s55 of the Planning Act 2008 brought about by the Localism Act 2011. The order of the checklist has been revised to reflect the order in which s.55 (as amended) is presented.|
|09/05/2012||3||4||Formatting changes were applied to version 3 of Advice Note 3. One text change was also applied, the reference to the Welsh Language Board as a non-prescribed consultation body was removed following the abolition of this organisation on 1 April 2012. It was replaced as a non-prescribed consultation body by the Welsh Language Commissioner which now delivers this function.|