Advice to Northumberland County Council
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- From
- Northumberland County Council
- Date advice given
- 10 August 2012
- Enquiry type
- Phone
Query on the content of Preliminary Environmental Information
Advice given
Legal definition and guidance on PEI The EIA Regulations define PEI as "information referred to in Part 1 of Schedule 4", and as information which: a) has been compiled by the applicant, and b) is reasonably required to assess the environmental effects of the development (and of any associated development)" (EIA Regulations, paragraph 2(1)) The applicant?s attention is drawn to the CLG document: "Planning Act 2008: Guidance on pre-application consultation (September 2009)" (CLG Guidance) which provides advice on the timing and legislative requirements for PEI. PEI - s.42 and s.47 consultation Consultation under s.47 of the Planning Act, which must be carried out in accordance with the proposals set out in the SoCC, should include consultation on the PEI in order for the local community to be consulted on this. Although there is nothing laid down in the Planning Act or relevant Regulations that requires PEI to be provided at the s.42 consultation stage, given that the applicant will provide an ES with their application for EIA development, it would be sensible for them to consult with statutory consultees on PEI. In preparing PEI, the applicant should apply best practice, giving consideration to the most appropriate form and detail of information based on the target audience, and in order to facilitate effective consultation to inform the EIA and the design of scheme. PEI ? Level of detail The level of information provided as PEI may vary depending on the target audience. Paragraphs 82 and 83 of the CLG Guidance recognise that detailed, technical information may not always be appropriate for consulting the local community, and advises that applicants prepare a short, summary document which describes 'the key aims and objectives of the proposal, and explains what the potential impacts of the proposals might be. The document should be written in clear, accessible, and non-technical language'. Conversely, technical consultees are likely to require more detailed information on what impacts and risks have been identified, and how they are to be managed, in order to provide constructive technical input to the process. Consultation on PEI may be iterative and is likely to comprise information which is available and has been compiled by the developer at a given time in the design process. The level of detail that applicants provide in their PEI will therefore vary according to when they carry out their consultation. It should be noted that this information is expressly stated to be 'preliminary', albeit it should include the information referred to in Part 1 of Schedule 4 of the EIA Regulations. Hence, the PEI does not have to be a detailed document, such as a draft of the ES, although it could be for example if this consultation was carried out later during the pre-application stage, and the information was being provided to a relevant statutory consultee. Use of the 2011 ES as a basis for PEI
It is understood that a detailed planning application for the Morpeth Northern Bypass was submitted to Northumberland County Council in August 2011, although the applicant has since come to the view that the development constitutes a ?Nationally Significant Infrastructure Project? (NSIP) and an application to the Planning Inspectorate is required under Part 3 of the Planning Act.
The applicant has indicated that the ES submitted with a detailed planning application in 2011 is likely to form the basis for the PEI. If formulating PEI on the basis of the 2011 ES, it will be important to make clear to consultees that the information is 'preliminary'. It should be clearly stated that the information is a draft on which the applicant is actively seeking comments, and that opportunities remain for the both the EIA and scheme design to take into consideration the comments received through consultation. Given that some of the information was obtained for the purpose of a previous ES, it would be appropriate for the applicant to identify where new surveys are required to ensure that information is up to date.
Timing of consultation on PEI
It is noted that a request for a scoping opinion under Regulation 8(1) of the EIA Regulations has recently been submitted to the Planning Inspectorate. The applicant is advised to consider the timing of other consultation under the Planning Act, in order that the purposes of different consultation exercises remain clear for consultees. Furthermore, the applicant may wish to consider the timing of consultation on PEI to provide the opportunity for the Planning Inspectorate's scoping opinion to inform the preparation of PEI.