Developments of national significance (DNS): procedural guidance

A Development of National Significance (DNS) is a type of large infrastructure project in Wales. DNS applications are subject to a specific planning process. The regulations define a DNS as any of the following:

• the construction of an electricity generating station with installed generating capacity of between 10 and 350 megawatts.
• the extension or alteration of an electricity generating station where the extension or alteration is expected to increase the installed generating capacity by at least 10 megawatts but not exceed 350 megawatts.
• the installation of an electric line above ground up to 132kV which are associated with a devolved generation station.
• development relating to underground gas storage facilities.
• the construction or alteration of an Liquid Natural Gas facility.
• the construction or alteration of a gas reception facility.
• airport-related development;
• the construction or alteration of a railway or a rail freight interchange.
• the construction or alteration of a dam or reservoir.
• development relating to the transfer of water resources.
• the construction or alteration of a waste water treatment plant or of infrastructure for the transfer or storage of waste water.
• the construction or alteration of a hazardous waste facility

You only need to submit one application if you have a DNS project that includes more than one of these (for example, a scheme involving a railway and solar panels).  

You can not apply for outline planning permission for a DNS. You must apply for full planning permission.

The DNS process was introduced by the Planning (Wales) Act 2015. This Act amends the Town and Country Planning Act 1990, inserting Sections 62D to 62L. The following secondary legislation also applies:

• The Developments of National Significance (Procedure) (Wales) Order 2016 (as amended) [‘the DNS Procedure Order’]
• The Developments of National Significance (Wales) Regulations 2016 (as amended) [‘the DNS Regulations’]
• The Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016 (as amended) [‘the Specified Criteria & Secondary Consents Regulations’]
• The Developments of National Significance (Fees) (Wales) Regulations 2016 (as amended) [‘the DNS Fees Regulations’]
• The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (as amended) [‘the EIA Regulations’]

The DNS process aims to ensure timely decisions are made on planning applications that significantly impact Wales.

Community involvement

Planning and Environment Decision Wales (PEDW) recognise that local people might not frequently engage with planning applications. Our accessible guide to engaging with the process explains how and when people can get involved.

Relevant Local Planning Authorities (LPA)

If any part of the site falls within a Local Planning Authority (LPA) area, that LPA is a ‘relevant LPA’ for the DNS application. This can mean that there may be more than one relevant LPA per application. Whilst they do not have responsibility for determining DNS applications, each relevant LPA must prepare a Local Impact Report (LIR) at the relevant stage of the process, and the applicant must pay an LIR fee to PEDW for each relevant LPA.

Overview of the DNS Process

Applications must be submitted to PEDW. We process and examine these applications on behalf of Welsh Ministers. 

On receipt of a valid DNS application, PEDW will appoint one or more Planning Inspectors to examine the application. Inspectors consider evidence from:

• the applicant, 
• the Local Planning Authority (LPA) 
• other statutory consultees and interested parties.

For some DNS cases the Welsh Ministers will make the final decision based on a report from the Inspector. This report outlines conclusions and if planning permission should be granted. Applications for overhead lines are an exception where the Inspector makes the decision. The Welsh Government has announced that for applications for generating stations of 10 MW to 50 MW, Inspectors will make the final decision.

Stages of a DNS application

Stage 1: pre-application

• Optional Inception Meetings between the Applicant and PEDW.
• Environmental Impact Assessment (EIA) considerations: Screening and / or Scoping.
• Non-statutory (optional) engagement, including pre-application advice from PEDW, the LPA and other consultees. It is up to the developer to decide how to approach non-statutory engagement activities.
• The developer submits notification of intention to submit a DNS.
• Acceptance of notification by PEDW (within 10 working days).
• Statutory pre-application consultation undertaken by the developer for a minimum of 42 days.
• Developer prepares Pre-Application Consultation (PAC) Report to be submitted with the application.

Stage 2: submission and application acceptance checking

• Developer submits application with supporting documents. 
• PEDW carries validation checks, aiming to complete them within 4 weeks for applications without an Environmental Statement (ES) or 6 weeks for applications with an ES.

Stage 3: examination

• If the application is valid PEDW appoints an Inspector and publicises and consults on it for a minimum of 5 weeks (‘the representations period’).
• Relevant LPAs prepare a LIR and submit it by a deadline specified by PEDW (normally the same date as the end of the representations period).
• The developer has 10 working days following end of the representations period to decide whether or not to request a variation of the application.
• During the same 10 working days, the appointed Inspector determines the procedure for the Examination. Written representations, hearing or inquiry, or a combination of all three.
• The appointed Inspector considers all representations and writes a report to the Welsh Minister recommending whether planning permission should be granted or refused.
• Report submitted to the Welsh Minister for consideration and decision.

Stage 4: decision

• Application is determined by Welsh Ministers and a decision issued.
• For some applications, the Inspector makes the final decision.
• The decision will be sent to the applicant and any relevant LPA. The Welsh Ministers must notify the decision to any person who has asked to be notified of the decision and whom they consider it reasonable to notify. The decision will also be published to the planning casework portal record for the case in question.

Early engagement

Early engagement with communities, LPAs, statutory consultees, and other interested parties before submission allows applicants to identify and address potential issues with the proposed development. After submitting the application, only limited amendments can be made to a DNS proposal. Late identification of issues that require additional evidence or submissions can delay the Examination of the application, or even affect the recommendation and / or decision. Resolving issues before submission is crucial, and PEDW strongly encourages early engagement with these parties.

In accordance with the DNS regulations, it is a requirement that an application should include a written statement about the status of discussions between the applicant and the LPA regarding planning obligations. An application will not be validated without such a statement. Advice on the use of planning obligations can be found in Circular 13/97. Reference should also be made as to whether the LPA has adopted a Community Infrastructure Levy (CIL) Charging Schedule. Any discussions on the matter of planning obligations will need to start well before any application is submitted.

Applicants are strongly encouraged to contact PEDW to request an Inception Meeting about their proposed project. These Inception meetings have shown benefits for applicants and improved understanding of the DNS process. PEDW holds the Inception Meeting for a DNS project without a charge. Any subsequent meetings about a scheme would be chargeable under the Pre-Application Services regime.

Environmental Impact Assessment (EIA) and Habitats Regulations Assessment (HRA) processes should be iterative and considered early in the DNS project. Applicants must obtain an EIA Screening opinion from PEDW before the Notification stage. 

It is important to identify whether the developers are likely to seek any Secondary Consents with the DNS application, as this can have implications for the pre-application stage. Please read the Secondary Consents section of this guidance for more details and contact PEDW for any scheme specific queries.

At an early stage, applicants should assess the need for related licenses or consents from other bodies like Natural Resources Wales (NRW) or the Sustainable Drainage Approval Body (SAB). The timing of seeking such related consents is a matter for the developer and the other relevant consenting body, PEDW will adhere to the statutory timescales for the DNS process regardless of other necessary consents.

Notification of intent to submit a DNS application

This notification must precede the full application and any statutory pre-application publicity and consultation (PAC) undertaken by the applicant.

If an applicant considers that their project is not EIA development, they must obtain an EIA Screening Direction from PEDW that confirms the project is not EIA development before notification can be undertaken.

Notification must be submitted using the relevant form: Developments of national significance: notice of proposed application and accompanied by a site location plan. This must be to an identifiable scale and showing the direction of north. The applicant must send a copy to each relevant LPA at the same time as they submit the notification to PEDW.

The fee for submitting a notification is £580, payable to PEDW.

Once in receipt of the completed form, site plan, and the fee, PEDW has 10 working days to determine whether the project qualifies as a DNS. If the notification is accepted, the applicant will then have 12 months to undertake their Pre-application Consultation (PAC) and submit a full DNS application from the date of PEDW’s Acceptance of Notification. 

If a valid application is not submitted within 12 months, then the Notification will lapse. The applicant would need to re-Notify before an application could be submitted. If the applicant had undertaken their PAC on the basis of a Notification that subsequently lapsed, they would need to re-Notify and then repeat the PAC process with a valid Acceptance of Notification from PEDW. 

Pre-application Publicity and Consultation (PAC)

Following the notification stage, prior to submitting a full DNS application, the developer must publicise and consult on the proposed application for a period of a least six weeks.

Summary of PAC activities by applicant

• Application and supporting documents published on a website (minimum 42 days).
• Write to relevant specialist and community consultees.
• Written notification to owners / occupiers of land adjacent to site.
• Notice published in local newspaper.
• Site notice displayed on or near site (minimum 42 days).
• If application consists of secondary consents: consultation with relevant body.

Whilst not aimed specifically at DNS applications, the Welsh Government’s guidance on pre-application consultation may be of interest.

When undertaking PAC, the applicant should ensure that an appropriate privacy notice is in place which makes it clear to people that their details will in due course be submitted to PEDW along with the application PAC Report. This will enable PEDW to contact them if the application in question is Accepted for examination.

As a minimum, in accordance with Articles 8 and 9 of the DNS Procedure Order, the applicant must publish the following documents on a website: 

• the draft DNS planning application form, (or a form substantially to the like effect), including the particulars specified in or referred to in the form.
• a plan which identifies the land to which the proposed application relates.
• any other plans, drawings and information necessary to describe the development which is the subject of the proposed application. Please note all plans and drawings must be drawn to an identifiable scale, and plans must show the direction of north.
• A copy of PEDW’s Acceptance of Notification which has not lapsed.
• A Design and Access Statement, which must:

1. explain the design principles and concepts that have been applied to the development
2. demonstrate the steps taken to appraise the context of the development and how the design of the development takes that context into account
3. explain the policy or approach adopted as to access, and how policies relating to access in the development plan have been taken into account, and
4. explain how any specific issues which might affect access to the development have been addressed.

• If the development is EIA development, the ES must be published.
• A written statement about any secondary consent connected with the proposed application in respect of which the applicant considers a decision on that consent is to be made or should be made by the Welsh Ministers, together with the draft application form and documents associated with such consents, and
• For overhead electric line applications, a written statement about the length of the proposed line and its nominal voltage.

The above documents must be published for a minimum of 42 days from the date the following actions are undertaken:

• Consult specific community consultees, specialist consultees and any relevant persons; see below for further details,
• Serve written notice on owners or occupiers of land adjoining the site,
• Display site notices, eligible for the DNS process, in at least one place on or near the site, and
• Place a press notice in a local newspaper.

Persons and organisations the applicant must consult

Community consultees

• Each Councillor representing each electoral ward in the County or County Borough Council in which the site is situated.
• The Community Council(s) in which the site is situated.

The relevant LPA may be best placed to help an applicant identify Community Consultees.

Specialist consultees

Specialist Consultees have a statutory duty to respond to the PAC.  It is the developer’s responsibility to check Schedule 5 of the DNS Procedure Order to determine which organisations are Specialist Consultees in relation to the proposal. Depending on the type and nature of the development the following bodies may need to be consulted:

• The Welsh Ministers – depending on the trigger for consulting the Welsh ministers this will be the relevant division of the Welsh Government. Contact details for those divisions are available in Consulting and notifying the Welsh Ministers on development proposals before applying for planning permission
• Natural Resources Wales (NRW) – Contact details available on NRW’s website
• The Local Highways Authority
• The railway network operator
• The Coal Authority – Contact details available on GOV.UK
• The Health and Safety Executive (HSE) – Contact details on HSE’s website
• The Office for Nuclear Regulation (ONR) – Contact details on ONR’s website
• The Control of Major Accident Hazards (COMAH) competent authority, and any person in control of land associated with a hazardous installation. Further information about COMAH is available on HSE’s website
• The Theatres Trust – Contact details on the Theatres Trust’s website
• The Sports Council for Wales (Sport Wales) – Contact details on Sport Wales’s website
• The Canal and River Trust – Further information about the relevant network of canals and rivers on the Canal and River Trust’s website, as are their contact details
• For proposals where there may be peat within the site boundary consult: Welsh Government’s Soil Policy & Agricultural Land Use Planning Unit LQAS@gov.wales 
• For wind turbine applications consult: NATS: NATSSafeguarding@nats.co.uk, the Ministry of Defence’s ‘Defence Infrastructure Organisation’ (DIO) DIO-Safeguarding-Wind@mod.gov.uk and the Civil Aviation Authority (CAA) : windfarms@caa.co.uk 
• For secondary consents, the body which would normally determine the application if it were not part of the DNS application.

PAC report

After the consultation period, a consultation report must be prepared by the applicant to be submitted with the application. In accordance with Article 11 of the DNS Procedure Order, the consultation report must include:

• a copy of the site notice which the applicant displayed
• a declaration that the site notice was displayed in accordance with the requirements of the DNS Procedure Order, Article 8(1)(a)(i)
• a list of the addresses of the persons (owners or occupiers of adjoining land) who were given notice of the proposed application, and a copy of the notice given to such persons
• a copy of the press notice
• a declaration that the applicant has published the draft application documents on the applicant’s website for at least 42 days in accordance with Article 8(1)(b) of the DNS Procedure Order 
• copies of all notices given to community consultees, relevant persons and specialist consultees
• a summary of all issues raised by any person notified of the proposed application, including confirmation of whether the issues raised have been addressed and, if so, how
• copies of all responses received from specialist consultees with an explanation of the account taken of each response.

Further information on the suggested form and content of the consultation report is contained in Appendix 4. 

Pre-application advice from PEDW

Applicants can seek pre-application advice from PEDW. This can include initial comments on the merits of proposed scheme and general procedural queries. This is a discretionary step which can be done at any stage prior to the application being submitted. It is not sequentially linked to EIA Screening or Scoping, the notification stage, or the applicant’s PAC.

Pre-application advice is a chargeable service, details of which can be found in the Fees and Finance section of this guidance.

Formal pre-application advice is available from PEDW at any stage up to the submission of a DNS application. Whilst a request can be submitted at any stage, experience shows that applicants will benefit more from a request if they contact PEDW to discuss the potential request and how PEDW may be able to help. Often it is helpful to applicants to hold an Inception Meeting first to discuss procedures, then explore the set pre-application advice that LPAs must provide under the DNS regime and then undertake EIA Screening and / or EIA Scoping with PEDW before making a formal pre-application request to PEDW.

Requests for pre-application advice from PEDW need to be made on the relevant form: Developments of national significance: request for pre-application services.

Regulation 8 of the DNS Regulations provides that PEDW has a duty to provide information and assistance in relation to any of the following when requested:

• the form and content of the application
• the form and content of any technical reports which may be required
• the procedures for making and progressing an application
• such other information or assistance as requested by the applicant which the Welsh Ministers are able to provide and consider would assist the applicant in making and progressing an application
• an initial assessment of the proposed application.

All pre-application advice will be solely based on the information provided at the time. Pre-application advice is typically offered by Planning Officers from PEDW, but an Inspector may provide additional guidance if specialist knowledge is needed. PEDW’s pre-application advice is not binding on the Inspector appointed to examine the application or on the Welsh Minister’s when making the final decision.

Generally, PEDW does not consult LPAs, highway authorities, or other statutory bodies when preparing pre-application advice. There is a separate process for obtaining pre-application advice directly from LPAs.

Pre-application advice will normally be provided within 28 days of submission, or as extended by PEDW if necessary.

Where requests for pre-application advice contain commercially sensitive information, the applicant should alert PEDW. PEDW will seek agreement from the applicant regarding the timing of the publication of the request and resultant advice. However, once the application has been submitted, or if no application is submitted after 12 months from notification, PEDW will publish the advice. Applicants should note the obligations of PEDW under the Freedom of Information Act and the Environmental Information Regulations.

Statements of Common Ground

During the pre-application phase, applicants should seek to agree Statements of Common Ground (SoCGs) with key consultees. There is no statutory requirement to produce SoCGs in the DNS process, but they can be useful tools and will contribute to an efficient examination process.

Where elements of a DNS application are to be the subject of a Hearing or Inquiry SoCGs will also be useful in focussing on matters in dispute between the parties. 

A statement of common ground should:

• be a single document, compiled and signed off by both parties
• be concise and avoid duplication of information already submitted
• include a list of agreed and / or shared core documents, even if there is disagreement about their interpretation and relevance. There is no need to include extracts from national policy documents, references will suffice
• identify areas of common ground, as well as the main points of disagreement
• identify agreed elements of the evidence and any technical studies that have been undertaken, including agreed findings, even if there is disagreement about their interpretation and relevance
• identify whether there are any conditions or planning obligations which would satisfactorily address any disagreement or objection.

The application must be submitted within 12 months of PEDW’s Acceptance of Notification. If the application is not submitted within that time, the Acceptance of Notification will lapse and the applicant must submit a new Notification.

Once submitted, the DNS application can only be varied by agreement of the Welsh Ministers where it would not be a substantial change in the nature of the development for which planning permission is sought. Therefore, the application should be in its final form.

Submission summary of actions for applicant:

• full hard copy of application and full electronic copy submitted to PEDW
• full hard copy and electronic copy submitted to each relevant LPA
• pay initial fee to PEDW
• pay to PEDW a LIR fee for each relevant LPA
• notify any other owners or agricultural tenants of the site that the application has been submitted
• write to PEDW to confirm that each relevant LPA has been sent a copy of the application

Application acceptance checking

A full hard and electronic copy should be submitted to PEDW at the same time as each relevant LPA. You should follow PEDW’s advice on preparing and submitting documents to us.

The applicant must write to PEDW as soon as possible after they have submitted the copies to the LPA(s) to confirm that they have submitted those copies.

Once PEDW is in receipt of a DNS application we will undertake checks to ensure it is a complete, valid submission before confirming whether the application has been Accepted for examination or is being turned away.

When a DNS application is submitted to PEDW, we notify relevant LPAs and ask them to confirm whether they have received a copy of the application. Relevant LPAs must add the application and PEDW’s written confirmation of receipt to their planning register within 5 days of receipt.

In accordance with Article16 of the DNS Procedure Order, at the point of submitting a DNS application to PEDW, the applicant must serve Notice on anyone who owned, or was an agricultural tenant on, any part of the site at the point in time 21 days before the application was submitted. This must then be confirmed in the Certificate of Ownership section of the DNS application form. 

To be validated, A DNS application must include:

• the initial fee and the correct number of LIR fees (one for each relevant LPA) 
• completed application form, ensuring the Certificate of Ownership section is completed to the best of the applicant’s knowledge
• copy of PEDW’s Acceptance of Notification
• site location plan and any other plans, drawings and information necessary to describe the development. All plans and drawing must be drawn to an identifiable scale, and plans must show the direction of north.
• a Design and Access Statement (DAS) which must

1. explain the design principles and concepts that have been applied to the development
2. demonstrate the steps taken to appraise the context of the development and how the design of the development takes that context into account
3. explain the policy or approach adopted as to access, and how policies relating to access in the development plan have been taken into account, and
4. explain how any specific issues which might affect access to the development have been addressed.

• a Pre-Application Consultation Report as explained in the Pre-application Publicity and Consultation (PAC) section of this guidance.
• a Green Infrastructure Statement (see paragraph 6.2.12 of Planning Policy Wales Edition 12, February 2024).
• an Environmental Statement (ES) (if the project is EIA development) or a negative Screening Direction from PEDW (if the project is not EIA development)
• a written statement outlining any secondary consents (if the application involves Secondary Consents)
• a completed application form for each secondary consent being sought from the Welsh Ministers, along with all the required supporting documents.
• a written statement about the status of discussions between the applicant and the local planning authority in respect of obligations under section 106 of the 1990 Act. [Note: A completed Section 106 Agreement should be submitted by week 15 of the DNS examination process. The Inspector may agree to accept a completed agreement on the opening day of the Hearing or Inquiry (where such an event is to be held). The issuing of a recommendation report (or the decision in cases of overhead electric lines) to Welsh Ministers will not be delayed if a completed planning obligation has not been submitted.]
• for overhead electric line applications, a written statement about the length of the proposed line and its nominal voltage, and whether all necessary wayleaves have been agreed with owners and occupiers of land proposed to be crossed by the line.
• for applications made in respect of Crown Land: a statement that the application is made in respect of Crown land and where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation.
• for combustion plant applications at or over 300 MW an assessment relating to the capturing, transporting and storage of Carbon Dioxide (CO₂). This is in accordance with the EU Directive on the Geological Storage of CO₂. Dependent on the assessment results, the project might need to accommodate carbon capture equipment, making the proposed plant “carbon capture ready” (CCR). The Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013 (as amended) provide the necessary details. Guidance has been produced by the UK Government, which sets out the necessary processes and requirements, and is available on GOV.UK. 

PEDW aims to complete our checks within 28 days for applications which do not include an Environmental Statement (ES) and within 42 days for applications which include an ES. For information regarding current timescales for Acceptance Checking, please see our DNS Service Update. 

Once checks have been completed, the applicant will be notified of the decision. If the application is not Accepted PEDW will confirm the reasons. If the application is Accepted, PEDW issues an Acceptance Notice. This will mark the start date for the examination process.

Acceptance

At the point of acceptance of a valid DNS submission, one or more Planning Inspectors will be appointed to examine the application. Depending on the type and scale of the project, there is provision for the Inspector(s) to be supported by Planning Officers or Assessors. 

Publication of submission documents

PEDW will publish application documents at the point that an application is Accepted for examination. 

Whilst most of the application documents will be published on the planning casework portal, there are some circumstances where information should not be published. This may include documents with personal data or environmentally sensitive information, for example the locations of protected species’ habitats. Where documents are intended to remain confidential, the applicant should provide these as separate documents with their confidential nature clearly indicated in the title and watermarked as such on each page. For example, the PAC Report must be published, but the contact details for individuals should be provided as a confidential appendix. Confidential information should not be incorporated within other documents that are intended for publication.

PEDW complies with the UK GDPR when handling personal data. For more information, see the planning casework privacy notice. PEDW’s standard retention policy is to keep application documents for one year after the final decision has been made.

The representations period: consultation and publicity

The representations period gives all parties an opportunity to provide final representations on the DNS application. Specialist Consultees have a statutory duty to provide a substantive response at this stage.

At the point of acceptance of an application for examination, the representations period begins when PEDW conducts relevant consultation and publicity. PEDW’s Acceptance Notice will confirm the appointed Planning Inspector(s) and the deadline for the representations period and submission of a LIR by the relevant LPAs. This is no less than 5 weeks from the date of Acceptance, but in exceptional circumstances, we may set a longer period. 

Summary

• Lasts for a minimum of 5 weeks.
• PEDW publishes all application documents.
• PEDW publishes a press notice.
• PEDW writes to all specialist consultees, community consultees, neighbouring land owners, any relevant persons, and any party who has asked to be added to the mailing list.
• PEDW sends a site notice to the relevant LPA(s).
• The relevant LPA(s) display the site notice in one or more locations and confirm in writing to PEDW that the site notice has been displayed.
• The relevant LPA(s) ensure the application and PEDW’s notice of Acceptance are added to the local planning register.

PEDW will send a copy of the Acceptance Notice to:

• the applicant, 
• all relevant LPAs, 
• the Specialist Consultees, 
• Community Consultees, 
• owners or occupiers of the land adjacent to the site, 
• any party who submitted a representation to the applicant during the statutory PAC,
• any party who has asked to be added to PEDW’s mailing list

Before Accepting a DNS application, we ask any relevant LPAs to provide a list of properties in the locality that they consider should also be sent a copy of our Acceptance Notice.

PEDW must publish a press notice, to be published no later than 5 working days from the date of Acceptance.

PEDW will send relevant LPAs a site notice which they are required to display in at least one place on or near the site. The LPA must put the notice up and write to PEDW to confirm that it has done so within 5 working days of the date of the Acceptance Notice.

Relevant LPAs must also ensure that the application, PEDW’s confirmation that an application has been submitted, and a copy of PEDW’s Acceptance Notice is added to their planning register.

PEDW’s notices will contain details of how the application documents can be viewed on our Planning Casework Portal. 

Once the representation period ends, PEDW will write to all parties to confirm the next steps. All examination notices will be sent to all parties on our mailing list and published to the Planning Casework Portal. 

Extending deadlines

S62I of the Town and Country Planning Act 1990 (as amended) and Article 4(2) of the DNS Procedure Order provide PEDW with the power to vary the period for the submission of representations and any LIRs required from relevant Local Planning Authorities.

We acknowledge that there are many reasons why parties might want these deadlines extended. For example, workload pressures, holiday periods or availability of internal consultees or advisors.  Whilst we appreciate that meeting the required deadlines can sometimes be challenging, in nearly all cases the standard 5 week period will apply and will not be extended. This is to ensure an efficient and consistent application process across the range of DNS applications and to provide procedural fairness for all parties involved in a particular case.

Representations

Anyone may make a representation. Provided it has been received within the identified period, it will be recorded and published by PEDW. PEDW aims to publish representations within 5 working days wherever possible.

Representors’ names and addresses will not be redacted, unless specifically requested. In all cases, it is normal practice for representors’ details to be held on internal records.

Role of Natural Resources Wales (NRW) in DNS

NRW has the status of a specialist consultee in the DNS process. This typically involves:

• the provision of (non-statutory) pre-application advice to the applicant 
• a substantive response to the (statutory) pre-application consultation 
• a substantive response to the consultation on the submitted application 
• the provision of further written representations or expert evidence during the examination.

NRW is a consultation body in the EIA process. This involves the provision of:

• advice during the screening process, 
• advice during the scoping process, 
• an opinion on the draft Environmental Statement (as part of the applicant’s statutory pre-application consultation process)
• an opinion on the final Environmental Statement (as part of their response to PEDW’s consultation once the application has been Accepted for examination)
• further written representations or expert evidence relating to EIA during the examination, if requested by the Inspector. 

NRW is also responsible for granting consents or licenses under a number of Acts. These additional consents or licences do not form part of the DNS application process, but may be required to implement the project. Further information can be found on NRW’s website in their DNS guidance. 

It is a formal requirement of the DNS process that any relevant LPA must submit an LIR, giving details of the likely impact of the proposed development on the authority’s area. There is also provision within the regulations for other LPAs or Community Councils to submit a Voluntary LIR. 

LPAs also have other duties throughout the DNS application, which are set out below. 

Pre-application advice

In addition to any discretionary pre-application advice which an LPA may provide to an applicant, there is specific provision in Regulations 6 and 7 for the applicant to request the following information for a flat fee, as specified in the DNS Fees Regulations:

• the planning history of the land on which the proposed development is to be carried out, so far as relevant to the proposed application.
• the provisions of the development plan, so far as material to the proposed application.
• any supplementary planning guidance, so far as material to the proposed application.
• any other considerations which are or could be material in the opinion of the authority.
• whether planning obligations (within the meaning of section 106 of the 1990 Act (planning obligations)) are likely to be required and, if so, an indication of the likely scope of such planning obligations, including an indication of any sum which may be required to be paid to the authority.
• any relevant local community groups known to the authority which could be consulted by the applicant as part of pre-application consultation.

LPA Involvement in Environmental Impact Assessment

If PEDW receives notification from an applicant that they intend to provide an Environmental Statement (ES), or if PEDW issues a positive screening direction, the LPA have a duty under Regulation 16 of The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (as amended). This requires the LPA to enter into consultation with the person who intends to submit the ES, and to provide relevant environmental information. 

Where PEDW receives a request for a scoping direction, the relevant LPA and other bodies will be consulted before the issuing of a scoping direction.

Publication on the LPA planning register

Under Article 20 of the DNS Procedure Order, relevant LPAs must add the following items to the planning register they maintain for their area:

• the DNS application made to the Welsh Ministers
• PEDW’s notification to the LPA of receipt of an application
• PEDW’s Acceptance Notice which starts the examination process
• If PEDW turns away a DNS application, a copy of that Notice
• the final decision made by the Welsh Ministers (or an Inspector for over head lines cases), and
• any revised notice of a decision issued by the LPA in accordance with S71ZA of the Town and Country Planning Act 1990 (as amended).

These documents should be added to the planning register within 5 working days of receipt or issue. The planning register maintained by the LPA is the formal record of the DNS application. 

LPA Role in consultation and publicity

At Notification stage, PEDW will ask the LPA to provide details of those parties and properties they consider PEDW should consult when the application is submitted.

Relevant LPAs will also be responsible for display of site notices provided by PEDW alongside the Acceptance notice for the DNS application. LPAs must display the site notices within 5 working days.

If any representations about a DNS application are submitted directly to an LPA during the representations period, they should forward those representations to PEDW as soon as possible.

Process for producing a Local Impact Report (LIR)

The LIR is a written report detailing the likely impact of the proposed development on any part of the LPA’s area, based on their existing local knowledge and robust evidence of local issues. It should list the impacts and their relative importance.

PEDW will inform the relevant LPAs when an application is received. Relevant LPAs should receive a copy of the application at the same time as it is submitted to PEDW. This means that LPAs could begin working on their LIR while PEDW is undertaking Acceptance checking.

When a DNS application is Accepted for examination PEDW will set a deadline for the submission of LIRs and include this in the Notice confirming Acceptance of the application for examination. The deadline will normally be set to coincide with the date for the end of the representations period (a minimum of 5 weeks from the date of Acceptance). 

When an LIR is submitted to PEDW we undertake an initial check to ensure that it contains all the relevant information required by legislation. 

If an LIR does not meet the statutory requirements PEDW will notify the LPA that the LIR is not complete. Further information must be submitted as soon as possible. Failure to submit a complete LIR by the relevant deadline has implications for the LIR fee that the LPA may receive.

In coming to a decision on a DNS application, the Welsh Ministers must have regard to any LIRs that were submitted, including voluntary LIRs that were submitted.

Required content of the LIR

In accordance with Section 62K of the Town and Country Planning Act 1990 (as amended) and Article 25 of the DNS Procedure Order, the LIR must set out:

• the likely impact of the DNS development on the area
• planning history of the site
• local designations relevant to the site / surroundings
• the likely impact of any application in relation to a secondary consent being granted
• any relevant local planning policies, guidance or other documents
• draft conditions or obligations which the LPA considers necessary for mitigating any likely impacts of the development,
• evidence of the Publicity undertaken:

1. a copy of the Site Notice, 
2. a photograph of the Site Notice on display and 
3. a map showing the location of the Site Notice.

The LIR should provide a factual, objective view of the impacts of the proposed development on the area. The impacts should be presented in terms of their positive, neutral and negative effects. LPAs may comment on the magnitude of such effects. The LIR should not include an overall balancing of the merits of the scheme.

The report is distinct from any representation a local authority may make on the merits of an application. A Local Authority or individual Councillor may submit a separate representation on the merits of the application.

The LIR may draw attention to matters raised with the LPA by interested parties or community groups, but only if the LPA considers those matters to be planning considerations that should be included in an LIR.

Provided Inspectors can access local policy documents on your website you need only cite the name of the document, date of adoption and list the polices or paragraphs you consider relevant. 

There is no need to include national policy or guidance but you may list the documents, policies and paragraphs you consider relevant. 

There is no need to repeat material which is contained in the application documents, a reference will suffice.  This includes a description of the site and surroundings unless you consider any descriptions in the documents supporting the application are incorrect. 

The DNS Procedure Order requires the LIR to contain draft conditions. Wherever possible conditions should reflect the advice and model conditions in Circular 16/14: The Use of Planning Conditions for Development Management. Where a model condition from the Circular is proposed, it is acceptable to clearly reference that condition in the Circular rather than ‘copy and pasting’. The LIR should cite the reason each condition is considered necessary and any relevant development plan policy.

Where specific mitigation or compensatory measures are proposed by the applicant, these should be identified and commented upon. The LPA should also refer to any conditions or obligations that it considers ought to be included that have not been suggested by the applicant.

The conditions and obligations may be put forward by the LPA on a ‘without prejudice’ basis. It is open to the LPA to make it clear in a separate representation whether they consider permission should be granted or refused. 

It would be of benefit if the LPA is able to give its view on the relative importance of different social, environmental or economic issues and the impact of the scheme on them.

Where applicable, the distinction between impacts directly relating to the DNS development and those relating to each Secondary Consent should be made clear.

LPAs should set out clearly their terms of reference for the LIR. The LIR should include a section that sets out the structure and purpose of the document and identifies any limitation to the information therein. 

The LPA is not required to carry out its own consultation with the community or external parties when preparing their LIR. PEDW carries out the statutory consultation and publicity with other parties. However, the LIR should include the response of the relevant Archaeological Trust, as the Trusts provide that service to LPAs, and are not statutory consultees for PEDW. It is also common for the Local Highway Authority’s response to be included in the LIR, even though they are a Specialist Consultee in their own right. This approach is acceptable, as long as the Highway Authority does provide a response.

Community Councils, organisations and members of the public may have made representations to the local authority or directly to the applicant about the scheme. The LIR could include reference to these representations, but only where they are relevant to a particular local impact which the LPA itself wants to highlight.

The LIR may also wish to draw on the Consultation Report, including any consequential impacts arising from any amendments to the pre-application scheme.

LIRs should give a factual, objective view of the impact of the proposed development. It is for each LPA to determine the procedure for issuing a LIR but, as the LIR is an objective assessment and LPAs must submit any representations separately, PEDW does not consider a LIR needs to be approved by the planning committee. 

LIR fees

The applicant must pay an LIR fee to PEDW for each relevant LPA. PEDW holds an LIR fee until a complete LIR is submitted by the relevant LPA. 

• If the complete LIR is received on or before the relevant deadline, the full fee will be remitted to the LPA.
• If the deadline is missed by up to 14 days the LPA will receive half the fee. 
• The LPA will not receive any of the fee if the LIR is provided more than 14 days after the deadline. However, it is still a requirement that the LIR be provided.

Voluntary Local Impact Reports

Section 62J(3) of the Town and Country Planning Act 1990 (as amended) (‘the TCPA 1990’) provides that LPAs which do not have any part of the site within their planning area may produce a Voluntary LIR if they wish to highlight potential impacts. For example, a wind farm development could have landscape and visual impacts on sensitive receptors on a neighbouring LPA area. The same section provides that community councils may also produce Voluntary LIRs.

A Voluntary LIR must be submitted during the representations period and contain:

• the likely impact of the DNS development on the area
• a description of the likely impact of any application in relation to a secondary consent being granted,
• locally applicable planning policies, guidance and other documents relevant to the application,
• draft conditions or obligations which the LPA or Community Council considers necessary for mitigating any likely impacts of the development.

The report should consist of a statement of positive, neutral and negative local impacts, with commentary on the magnitude of those impacts, but it should not contain a balancing exercise between positives and negatives. 

The body producing the Voluntary LIR may submit its own balancing exercise as a written representation, separate to the LIR.

The Voluntary LIR should not repeat material which is contained in application documents or Statements of Common Ground etc. but may cross refer to those documents.

This guidance is not intended to be either exhaustive or prescriptive. LPAs should cover any topics they consider relevant to the impact of the proposed development on their area.

It is important that the LIR or Voluntary LIR contains a summary of the LPA’s predictions for impacts on their area, both positive and negative.

Varying the DNS application

After the representation period ends, the applicant has 10 working days to consider whether to apply to ‘vary’ the DNS application. Article 27(8) limits the procedure for variations to applications to such an extent that we are unable to agree to a variation where we consider it is a substantial change in the nature of the development for which planning permission is sought. Therefore, PEDW cannot examine an amended scheme if the proposed variation is substantial; only minor changes will be accepted.

If the applicant wishes to vary the scheme, they must complete the request to vary form and forward with any supporting documents and the required fee of £520. Applicants should ensure that they contact PEDW as early as possible in the 10 working day period if they are considering a variation, as it may take some time to issue an invoice for the variation fee. See the Fees section of this guidance for more information.

On receipt of a request to vary the appointed Inspector has 5 working days to consider the request and confirm whether the request has been accepted. If accepted, any revised application documents must be submitted within 28 days. PEDW will suspend the examination if necessary to allow the detailed variation documents and any consequential amendments to supporting documentation to be prepared. The suspension will also build in time for PEDW to process and publish the documents once they have been received, and to then undertake further publicity and consultation on the new material. 

If the variation is not accepted, the scheme as originally submitted will continue to be examined. 

Submitting further information 

In some cases, applicants wish to submit further information to address concerns raised during the representations period. Where this does not represent a change to the proposed scheme itself, it is not a request to vary the scheme. There is no automatic opportunity to submit such further information in the DNS process. However, the Inspector has discretion to request further information at any time during the examination.

PEDW recommends that applicants appraise representations and consultee responses during the representations period, noting any responses they wish to make and any further information they wish to submit. This can be submitted, alongside a realistic estimate of how long they need to address each matter, as a request to the Inspector at the end of the representation period. 

The Inspector has discretion whether to request any further information identified by the applicant or other matters.

If further information requires time to prepare and further consultation, this will likely lead to a suspension of the Examination period. 

Examination timescales

The determination period for the Welsh Ministers to decide on a DNS application is 36 weeks from the date of acceptance of the valid application. PEDW must deliver its report to the Welsh Ministers within 24 weeks. 

If the examination requires a Hearing, this should be held within 10 weeks of the end of the representation period. If an Inquiry is necessary, this should be held within 13 weeks of the end of the representation period. In exception circumstances the Welsh Ministers can extend these timescales.

For DNS applications involving overhead electric lines, the statutory 36-week determination period applies. However, PEDW will try to issue the Inspector’s decision within 24 weeks. In cases where the Welsh Ministers have opted to make the final decision, the normal timescales for the Report and Ministerial decision will apply.

Should a suspension be issued in respect of an examination, it ‘stops the clock’ on the statutory determination period.

Examination: choice of procedure

PEDW will normally confirm the procedure in writing no later than 10 working days from the end of the representation period.

The examination could proceed by written representations, a Hearing or Inquiry, or a combination of all three. 

Hearings and inquiries

Hearing or Inquiry sessions will be topic specific. This means that a Hearing or Inquiry session will focus only on the matters raised by the Inspector and set out in the agenda, with all other matters being addressed through written representations.

A Hearing provides an informal setting for addressing the issues identified by the Inspector. Those attending may bring professional advisors with them, however there will be no formal presentation of evidence, cross-examination, or formal submissions. 

An Inquiry is only likely to be arranged where there are complex issues or technical evidence. Witnesses will present evidence, be cross examined and re-examined where necessary.

The Inspector will identify which parties are relevant to the selected topics and participation in a Hearing or Inquiry is by invitation. When the procedure is determined, PEDW will issue an Examination Notice to all parties which confirms the invited participants and topic for each oral session. 

Any party who wishes to take part in a session who has not been listed as an invited participant is welcome to write to PEDW and request that the Inspector add them. Any such request should include reasons. 

Please note that:

• all parties should ensure they submit their full representation in writing during the representation period, as there is no guarantee an oral session will be held on any given case
• there is no benefit to the examination in repeating evidence covered in written submissions
• there is no greater weight afforded to oral evidence than to written representations 

Those invited to participate may submit a further representation in the form of a Hearing Statement of up to 3,000 words addressing matters raised by the Inspector.

Statements exceeding this limit or containing irrelevant or repetitious material may be returned. Technical evidence should be limited to appendices and directly related to the case.

Participants must follow the Inspector’s timetable for submitting written statements to avoid late submissions, which may lead to event adjournment.

The arrangements for all Hearings and Inquiries will be publicised, and the events are open for public observation. Those not invited to participate may speak at the discretion of the Inspector, but this will be limited to matters explored at the Hearing or Inquiry.

Site visits

The Inspector will always visit the site. Where everything can be seen from a public place the Inspector will be unaccompanied. If this is not possible, arrangements will be made for the Inspector to be given access.

There will be no discussion of the merits of the application at any site visit. 

Anyone wishing the Inspector to view the site from a particular location, should contact PEDW allowing sufficient time for the request to be considered and necessary arrangements to be made. 

Examination suspensions

In certain circumstances the examination may be suspended by PEDW. The length of the suspension period can be extended or shortened if necessary. PEDW may issue more than one suspension notice where there are multiple delays to a DNS application. Examples of reasons for suspension include when: 

• legal undertakings between local planning authorities, third parties and the applicants require resolution
• there is a significant change or review of policy
• an applicant requests to make an amendment to a scheme
• supporting documents are found to be deficient
• essential parties fail to attend a Hearing or Inquiry
• a new secondary consent is ‘called in’ by the Welsh Ministers

PEDW’s suspension notice will confirm the date that the examination period resumes.

After the Inspector’s Report has been submitted to the Decisions Branch of the Planning Directorate of the Welsh Government, officials in Decisions Branch may issue a suspension notice where necessary.

Openness and transparency during the examination

All application documents, representations and submissions will be published along with any requests for further information and matters to be discussed at a Hearing or Inquiry. If any documents are withheld from publication due to environmentally sensitive information, PEDW will publish a ‘Data Not Published’ document to confirm this.

At the end of the examination stage, the Inspector will report their conclusions and recommendations to the Welsh Ministers. The Welsh Ministers will issue a letter containing their decision on the DNS application and any associated secondary consents.

In the report, the Inspector will take account of:

• the evidence and documentation accompanying the application;
• where received within the relevant time limits; the LIR, all representations, submissions and discussions at any Hearing or Inquiry; 
• any relevant legislation and policies, including changes to legislation, new Welsh Government policy and any new or emerging development plan policies; and
• any other matters that are material to the application.

PEDW notify the applicant of the date the Report is submitted and update the planning casework portal. The report will not be published at this time and the contents remain confidential until the final Ministerial decision is issued. Publication of the report will take place once Welsh Ministers have placed that information in the public domain. The Welsh Ministers’ decision will be set out in the decision letter. 

Where the Inspector is the final decision maker, PEDW will issue the final decision and the decision will be published to the planning casework portal.

Ensuring compliance with planning permission granted

If planning permission is granted by Welsh Ministers on a DNS application, the LPA has the sole responsibility for monitoring the implementation of the permission and ensuring that it is in accordance with the plans and any conditions.

If the LPA considers that the development does not comply with the permission, they have the power to take enforcement action. PEDW has no involvement in monitoring development or taking enforcement action.

Applying to vary a DNS planning permission

The majority of applications to vary a condition in relation to a DNS, or an application for a non-material amendment in relation to a DNS, would be made to the Local Planning Authority. There are 2 exceptions to this:

• Any application to vary the implementation time limit condition on a DNS planning permission would have to be made to the Welsh Ministers via the DNS process - see Regulation 51 of the DNS Regulations
• Regulation 4(2) of the Specified Criteria and Secondary Consents Regulations has the effect that any application to vary an electricity generating station that would have the effect of increasing the installed generating capacity by 10 MW or more would have to be made to the Welsh Ministers via the DNS process. That is unless it were to take the total installed generating capacity to 350 MW or more, in which case it would constitute a Nationally Significant Infrastructure Project (NSIP), dealt with by the Planning Inspectorate for the UK Government. See the relevant UK Government website for more information about NSIPs.

Feedback, both positive and negative, about any experiences of the DNS process is welcomed. Further information about feedback and complaints is available here. 

The DNS regime is operated on a full ‘cost recovery’ basis, and so various stages of the process are associated with the payment of fees. The Developments of National Significance (Fees) (Wales) Regulations 2016 (as amended) sets out the full details. 

PEDW cannot accept any payments without first raising an invoice. The process of raising an invoice can take several days. Applicants should contact PEDW regarding invoicing approximately two weeks before they wish to make any payment. Once an application has been Accepted for examination, PEDW will invoice for ongoing examination costs on a quarterly basis.

Applicants should be aware of the costs up front, and that any delay in paying the relevant fee could result in a delay to the application process.

Costs associated with a DNS application

Discretionary costs

Essential costs

This table is only a guide. Additional costs can be accrued throughout the examination of a DNS application.

The determination fee is paid directly to the Planning Directorate of the Welsh Government. Any queries about this element of the fee structure should be directed to the Planning Directorate of Welsh Government by email planning.directorate@gov.wales or phone: 0300 060 4400

Cost estimates

It is not possible to provide an estimated cost of the examination in advance of submission. An estimate of the number of days the Inspector will need to examine the DNS will be provided following the confirmation of procedure. This does not guarantee a cost for the examination and should only be used as a guide.

Finance

Refunds and remissions

Applicants are entitled to a refund in relation to the LIR fee where: 

• the submission of the LIR by the LPA is outside the deadline (further details are set out in the regulations)
• where the applicant withdraws the application before the LIR is submitted by the LPA
• where the application is not accepted as valid by PEDW

Applicants should be aware that refunds and remissions do not apply to any other DNS fees or costs in any circumstances.

Failure to pay examination costs

Any fee relating to the examination must be paid within 21 days of the relevant invoice being sent to the applicant. If the applicant fails to pay any fee within the 21 day period, PEDW may not take any further steps with the application until payment has been received.

A failure to pay any fee due within 12 weeks will result in no further action being taken on the application, and the application will be deemed to be withdrawn. 

Useful information

• Design Commission for Wales: Designing for Renewable Energy in Wales 
• Welsh Government: Local and shared ownership of energy projects
• Welsh Government: Local ownership of energy generation in Wales: policy statement

To minimise the number of separate applications required for a DNS scheme, certain connected applications can be submitted to the Welsh Ministers at the same time as a DNS application. 

The Welsh Ministers are also able to call in secondary consents if they consider them to be connected to a DNS application, and the developer has not already submitted them alongside the primary application. 

This may apply to undetermined consents which have already been applied to the normal consenting authority and those which have not yet been submitted to any authority.

Pre-application advice

Pre-application consultation should include bodies to be consulted on secondary consent applications. Secondary consents may have different consultees, so developers should pay particular attention to the associated guidance for each type of application to identify relevant consultees.

Table of potential ‘relevant persons’ based on the Schedule to The Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016 (as amended in 2016 & 2019). 

Related consents 

There are many other types of consent or authorisation that may be required before a DNS project can be brought forward, that cannot be considered by the Welsh Ministers as a Secondary Consent. At an early stage, applicants should consider if licences / consents are required from NRW or other bodies, separately from the DNS process. The timing of any other such applications is a matter for the developer, and PEDW will not be able to align the DNS process with other consenting processes. 

Under the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (as amended) (‘the EIA Regulations’), the Welsh Ministers have the power to direct when an application is EIA development. Applicants may also decide to undertake a voluntary EIA without requesting a direction from the Welsh Ministers.

Applications which are ‘EIA development’ must be accompanied by an ES that reports on the likely impacts on the environment. 

Even where a DNS is not EIA development, certain environmental information may still be required with the application, for example a flood risk assessment, a landscape and visual impact assessment, or information on the historic environment.

DNS Applications and EIA 

Pre-application stage 

An applicant intending to submit a DNS application must first notify PEDW of the proposed application. The Notification submission must include either a negative screening direction issued by PEDW or a statement confirming that an ES will be provided (Article 5 of the DNS Procedure Order). Prospective applicants are therefore encouraged to consider whether their application will require EIA at an early stage.

Applicants may choose to request an EIA screening or scoping direction from PEDW in relation to DNS applications. There is no charge for statutory EIA screening or scoping directions. 

Registering the DNS

Please ensure that PEDW has registered the DNS application in question before you submit a Screening or Scoping request. Please include PEDW’s reference number in any Screening or Scoping request.

Defining the project for EIA purposes

Before submitting any Screening or Scoping request in relation to a DNS application, it is important for the applicant to clearly identify the scope of ‘the project’ for the purposes of EIA. This may include elements of the overall project which will not be subject to the DNS application. For example, a DNS generating station may form part of a wider set of upgrades to an existing site. The Welsh Ministers would be the determining body for the DNS application, but it is possible that the LPA would be the determining body for the other works. It may be necessary for the EIA process to consider all the works proposed rather than the generating station in isolation. When defining the project for EIA purposes, applicant should consider the following relevant factors:

• Common ownership – where two sites are owned or promoted by the same person, this may indicate that they constitute a single project 
• Simultaneous determinations – where two applications are considered and determined and subject to reports which cross refer to one another, this may indicate that they constitute a single project 
• Functional interdependence – where one part of a development could not function without another, this may indicate that they constitute a single project 
• Stand-alone projects – where a development is justified on its own merits and would be pursued independently of another development, this may indicate that it constitutes a single individual project that is not an integral part of a more substantial scheme 

Where any of the above relevant factors are relevant, any Screening or Scoping request should at the outset clearly set out the applicant’s position as to the scope of the project for EIA as opposed to the description of development for the DNS application. 

EIA Screening

Advance notification by the applicant of a formal screening direction request is welcomed. A red line boundary plan submitted in advance would also assist the screening exercise. PEDW aims to issue a screening direction within 21 days of receiving a request. 

Information to be provided with EIA Screening requests 

The minimum information that applicants must provide with a screening request for a DNS is set out in Regulation 31 of the EIA Regulations. All plans and drawings should be drawn to an identified scale, and plans should show the direction of north.

• a plan sufficient to identify the land;
• a description of the development, including in particular—

1. a description of the physical characteristics of the whole development and, where relevant, of demolition works
2. a description of the location of the development, with particular regard to the environmental sensitivity of geographical areas likely to be affected

• a description of the aspects of the environment likely to be significantly affected by the development
• a description of any likely significant effects, to the extent of the information available on those effects, of the proposed development on the environment resulting from—

1. the expected residues and emissions and the production of waste, where relevant, and
2. the use of natural resources, in particular soil, land, water and biodiversity

• a statement that the request is made in relation to a development of national significance for the purposes of section 62D of the 1990 Act, and
• such other information or representations as the person making the request may wish to provide or make including any features of the proposed development or any measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

In dealing with the description of the development and its possible effects on the environment, applicants should: 

• set out the information using the headings in Schedule 3 to the EIA Regulations, being:
  • characteristics of the development; 
  • location of the development; and 
  • characteristics of the potential impacts; 
• ensure that all aspects of the environment likely to be significantly affected by the development are addressed.

PEDW has a DNS EIA Screening Self Assessment document which is available on request. Applicants may complete this to be submitted alongside the Screening request.

Including sufficient information including any preliminary technical / survey work with a Screening request can help to avoid PEDW needing to request further information. Requests for further information will delay the production of the Screening Direction. Where PEDW requests further information for the purposes of Screening, we aim to issue the Screening Direction within 21 days of receipt of the further information.

EIA Scoping

An applicant may request a formal scoping direction on the information to be included in the ES (Regulation 33 of the EIA Regulations). PEDW aims to issue a scoping direction within 8 weeks of receiving a scoping request, or such longer period as may be reasonably required.

There is no requirement for an applicant to request a scoping direction. In order to gain the most benefit from the process, applicants should request a scoping direction once there is: 

• sufficient certainty about the description of the proposed development, and
• sufficient understanding of the main elements of the proposed development likely to have a significant environmental effect.

Applicants should be aware that PEDW and statutory consultees will only be able to provide high level comments where multiple and varied design and layout options remain under consideration. 

The scoping direction will include any consultation responses received in relation to the scoping request, comments on the scope of the ES, and comments on the methodology proposed (including suggested consultation). 

Information to be provided with an EIA Scoping request

Under Regulation 33(2) of the EIA Regulations, a request for a Scoping Direction must include:

• a plan sufficient to identify the land;
• a brief description of the nature and purpose of the development including its location and technical capacity;
• its likely significant effects on the environment;
• a statement that the request is made in relation to a development of national significance for the purposes of section 62D of the 1990 Act; and
• such other information or representations as the person making the request may wish to provide or make.

Applicants should provide their scoping request in the form of a scoping report. This document should contain all information required by the EIA Regulations, plus the following additional information:

• an outline of the main alternatives considered and the reasons for selecting a preferred option;
• results of desktop and baseline studies where available;
• a record of consultation undertaken with relevant bodies (including any public engagement) to date;
• referenced plans presented at an appropriate scale to convey clearly the information and all known aspects associated with the proposal;
• guidance and best practice to be relied upon, and whether this has been agreed with the relevant bodies (for example the statutory nature conservation bodies or local authorities) together with copies of correspondence to support these agreements;
• methods used or proposed to be used to assess impacts and the significance criteria framework used;
• any mitigation proposed and the extent to which these are likely to reduce impacts;
• where impacts from consequential or cumulative development have been identified, how applicants intend to assess these impacts in the ES (for example, a high level assessment of the grid connection where this does not form part of the proposed development for a power station);
• an indication of any European designated nature conservation sites that are likely to be significantly affected by the proposed development and the nature of the likely significant impacts on these sites;
• key topics covered as part of applicants’ scoping exercise; and
• an outline of the structure of the proposed ES.

The elements of the proposed development likely to have a significant environmental effect should also be identified. Where uncertainty remains, the applicant should provide as much detail as possible or assume the worst case scenario.

Any supporting plans or drawings provided with the Scoping request should be drawn to an identifiable scale, and plans should show the direction of north. Any maps, drawings and illustrations should be designed in such a way that they can be overlaid with drawings and illustrations produced for other sections of the Scoping request.

Content of scoping request

Where the applicant wishes to scope out matters, justification should be provided. 

PEDW will determine whether matters may be scoped out, having taken into consideration the information provided in the applicant’s scoping report and the comments provided by any consultees.

Applicants should note that matters are not scoped out unless specifically confirmed by PEDW in the scoping direction.

The scoping direction can only respond to the information available at that time. Therefore, it will be reasonable for applicants to refine topics within the ES for a more focused outcome. PEDW offers ongoing pre-application advice and can issue updates to Scoping Directions if they are requested.

Request for additional information

If sufficient information has not been provided with a screening or scoping request, PEDW may request additional information (Regulations 7(3) and 33(4) of the EIA Regulations for screening and scoping requests respectively).

Where additional information is requested, the relevant statutory time periods are suspended until the additional information is received to the satisfaction of PEDW.

Applicant’s pre-Application consultation stage

Applicants must publish the draft ES at PAC stage. This affords all parties, including specialist consultees such as NRW, an opportunity to comment on the draft ES.

Applicants should allow enough time to consider and respond to comments received on the draft ES, including, if necessary, undertaking additional surveys and analysis. Any adjustments or changes to the ES as a result of the consultation should be recorded in the Consultation Report.

Submission stage

Where the DNS is an EIA development, PEDW aims to complete Acceptance checks to ensure the application is validly made within 42 days. During this stage, PEDW will check the ES for completeness.

To be considered valid, an application for a DNS that is EIA development must also include a complete ES.

Where PEDW is of the opinion that the ES should contain additional information, the applicant will be notified and must provide that additional information (Regulation 24(1) of the EIA Regulations).

If the ES is found to be complete, PEDW will issue a Report to this effect alongside our Notice of Acceptance of the application for examination.

Re-Screening

Prior to submission of the DNS application, if new information becomes available that may affect whether the proposal is EIA development, or where the proposed development itself changes to an extent that may affect the screening direction, applicants should submit a new screening request.

Similarly, if a DNS is submitted and it is apparent that subsequent information material to the screening decision has become available, PEDW will re-screen the proposed development before the application is validated.

If the re-screening determines that the application is EIA development, an ES will be required. Consequently, PEDW will not validate the DNS application until an ES is provided by the applicant.

Examination stage

The ES will be considered carefully during a DNS examination. If at any stage of the process the ES is found not to be adequate the process will be suspended, and further information will be requested.

This chapter should be read in conjunction with the Habitats Directive, the Conservation of Habitats and Species Regulations 2017 (as amended), and the Conservation of Offshore Marine Habitats and Species Regulations 2017, and all other relevant legislation and policy. It is the applicant’s responsibility to ensure that all relevant and current policy, legislation, and guidance have been considered.

HRA Regulations: purpose and effect

Legislative Framework

• Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora
• The Conservation of Habitats and Species Regulations 2017 (as amended)
• The Conservation of Offshore Marine Habitats and Species Regulations 2017

Information regarding Habitats Regulations Assessment (HRA) is available on GOV.UK.

The Welsh Ministers are the competent authority for the purposes of the Habitats Directive and the Habitats Regulations in relation to applications for DNS. The Welsh Ministers are therefore required to carry out and consult on an Appropriate Assessment (AA) in circumstances where the plan or project is likely to have a significant effect on a European site or a European Marine site.

If a DNS, when taken alone or with existing and known future plans and projects is likely to affect a European site, the applicant must provide the competent authority with such information as may reasonably be required for the purposes of the AA (Regulation 63(2) of the Habitats Regulations 2017 (as amended), Regulation 28(3) of The Conservation of Offshore Marine Habitats and Species Regulations 2017).

While it is the planning decision maker that must undertake HRA, for DNS projects it is normal for the applicant to submit a ‘shadow HRA’. 

This information normally takes the form of a No Significant Effects Report (NSER) or a Likely Significant Effect Report (LSER). HRA matrices should be appended to or included in the applicant’s NSER (screening matrices) or LSER (both matrices); but they do not replace the applicant’s NSER or LSER.

Where an AA is carried out and results in a negative assessment, consent can only be granted if there are no alternative solutions, there are Imperative Reasons of Overriding Public Interest (IROPI) for the development, and compensatory measures have been secured.

If the site hosts a priority natural habitat type or a priority species further conditions apply in relation to the reasons as explained in this note. “Priority” habitat types and species are particular SAC features for which EC member states have particular responsibility. They are listed in the Annexes to the Habitats Directive and usually also identified on individual SAC designation documents. They are not relevant to SPAs or Ramsar sites.

European sites

Sites of Community Importance (SCIs), Special Areas of Conservation (SACs), candidate Special Areas of Conservation (cSACs) and Special Protection Areas (SPAs) are protected under Regulation 8 of the Habitats Regulations.

TAN 5 paragraphs 5.2.2 and 5.2.3 apply the procedures described below to possible SACs (pSACs), potential SPAs (pSPAs), Ramsar sites and sites identified, or required, as compensatory measures for adverse effects on any of the above sites. For the purposes of this chapter, all these sites are referred to as “European sites”.

Coordinating HRA with the DNS process

Early engagement

It is advised that the applicant commences consultation with NRW at the earliest point in the pre-application process.

Evidence of the outcome of this consultation with NRW should therefore be appended to the NSER or LSER. This will be key to the decision making process, as the competent authority must consult NRW and have regard to any representations made by them (Regulation 63(3) of the Habitats Regulations 2017 (as amended)).

Applicants are strongly advised to engage with NRW early on to agree baseline information, methodology, and evidence. Evidence plans, jointly agreed between NRW and the applicant, are useful in establishing a work programme for the pre-application stage.

The applicant’s NSER or LSER should provide the reasoning and evidence behind its conclusions. This is likely to be supported by the information presented in the ES for the DNS application. The applicant’s NSER or LSER must show how the information gathered has been applied to the HRA and the tests applicable to the Habitats Directive.

Applicants are strongly advised to use completed HRA matrices to identify and discuss issues with consultees, particularly NRW, with the aim of resolving issues prior to the examination.

HRA stage 1: Screening

The scope of the HRA should be defined and justified. The HRA should include screening for Likely Significant Effects (LSE). If there are no LSE identified for all the European sites considered, then the report is likely to take the form of a No Significant Effects Report (NSER) and HRA stages 2-4 will not be required.

The applicant’s HRA Stage 1 screening information to be presented in the NSER or LSER should include:

• a detailed description of the development, processes, timings, and method of work proposed as part of the DNS;
• details of the methodology used to determine which European sites should be included within the assessment, plus definition of and justification for the scope of the assessment;
• a plan and description of the European site(s) potentially affected, including a description of all qualifying features (a copy of the site data sheet is useful to include);
• an appraisal of the potential effects resulting from the construction and operation of the project (e.g. noise) and the likely significant effect on the European site(s) and qualifying features (e.g. disturbance to bird species);
• an outline and interpretation of the baseline data collected to inform the findings;
• an appraisal of the effects of any other plans or projects which, in combination with the proposed development, might be likely to have a significant effect on the European site(s). The scope of that appraisal should be well-defined and agreed with the local authorities and NRW;
• an evaluation of the potential for the scheme to require other consents requiring consideration of LSE by different competent authorities (other than secondary consents which form part of the DNS application);
• a statement which identifies (with reasons) whether significant effects on European sites in other EEA States are considered to be likely; and
• evidence of agreement between the applicant and NRW on the scope, methodologies, interpretation, and conclusions of the screening assessment (such as copies of correspondence, Evidence Plans, or Statements of Common Ground).

At Stage 1, in relation to each European site and qualifying feature, the applicant will need to conclude from baseline information and consultation responses received that either:

• There are no LSE on all the European site(s) and qualifying features considered, either alone or in combination with other plans or projects, and therefore no further assessment is required (see later section entitled ‘NSER’), OR
• LSE on any of the European site(s) and qualifying features considered exist, either alone or in combination with other plans or projects, therefore requiring an AA by the competent authority (see later section entitled ‘HRA Stage 2: AA’).

Competent authorities must conduct the HRA screening stage without considering integrated or additional avoidance or reduction measures.

If significant effects cannot be ruled out, an Appropriate Assessment (AA) must be carried out to determine if the plan or project will affect the integrity of the European site, including evaluating proposed measures.

In combination effects on European sites

Applicants must conclude whether the project, either alone or in combination with other plans or projects, is likely to have a significant effect on a European site.

Some projects may be unlikely to have significant effects on their own but effects in combination with other plans or projects may be significant. The applicant must therefore provide evidence in the NSER or LSER that it has considered effects, both alone and in combination with other plans and projects.

No significant effects report (NSER)

The European Court of Justice (ECJ) in the Waddenzee case considered that the effects of the project should be ‘identified in the light of the best scientific knowledge in the field’ (Paragraph 54 of Waddenzee). There should be a continuous evaluation of the assessment findings against thresholds of LSE.

If, during the process, the competent authority determines that there is ‘no significant effect (alone or in combination)’ and no reasonable scientific doubt remains, then the assessment can be concluded. The applicant should then summarise the results in an NSER.

In considering the NSER’s conclusion that there are no LSE requiring AA, the Inspector will have regard to the decision in the Waddenzee case, in which the ECJ took the view that ‘the competent national authorities, taking account of the conclusions of the appropriate assessment..…are to authorise such activity only if they have made certain that it will not adversely affect the integrity of that site. That is the case where no reasonable scientific doubt remains as to the absence of such effects’ (Paragraph 59 of the ECJ judgment in Waddenzee).

There is no prescribed format for the NSER or for the reporting of the outcomes of the screening stage. The NSER must be clear, be supported by sufficient information, and provide convincing reasons why the applicant has reached the view that there are no LSE and that an AA will not be required.

Screening outcomes

If the applicant has concluded that the project is likely to have a significant effect on any European site, alone or in combination with other projects, the applicant must provide information in accordance with the HRA Stage 2: AA of the process.

If Stage 1 identifies LSE for any of the European sites considered, an assessment of the implications of the project on the site(s)’s conservation objectives will be required. This will take the form of an LSER and should include sufficient information for the AA (Regulation 61(5) of the 2010 Habitats Regulations).

Along with their HRA Stage 2: AA information, the applicant should also clearly state which European site(s) and qualifying features are being taken forward from HRA Stage 1: Screening and which European site(s) and qualifying features have been screened out of further assessment.

The HRA Stage 2: AA information should be presented in the applicant’s LSER and should include:

• evidence about the project’s effects on the integrity of protected sites;
• a description of any mitigation measures proposed which avoid or reduce each effect, and any remaining residual effects;
• a schedule indicating the timing of mitigation measures in relation to the progress of the development;
• cross references to the relevant DNS requirements and any other mechanisms proposed to secure mitigation measures, and identification of any factors that might affect the certainty of their implementation;
• a statement as to which (if any) residual effects constitute an adverse effect on the integrity of European sites, either alone or in combination with other plans or projects, and therefore need to be included within the AA; and
• evidence to demonstrate that the applicant has fully consulted and had regard to comments received by NRW during pre-application consultation.

The applicant’s LSER is also expected to include the integrity matrices for all the European sites taken to HRA Stage 2.

Negative Appropriate Assessment

Unless the applicant’s LSER concludes that no reasonable scientific doubt remains ‘identified in the light of the best scientific knowledge in the field’ (Paragraph 54 of Waddenzee); and that the project will not adversely affect the integrity of any European site, alone or in combination with other plans or projects, the applicant’s assessment will need to move to HRA Stages 3 and 4 of the process.

HRA stages 3 & 4: assessment of alternatives & consideration of Imperative Reasons of Overriding Public Interest (IROPI)

If Stage 2 concludes that the project will adversely affect the integrity of the site(s), or is inconclusive; consideration of alternatives, compensatory measures and whether the project is justified by IROPI will be required. This will also form part of the LSER.

An assessment of alternative solutions should be undertaken, and details of how these have been identified and considered should be provided in the applicant’s LSER. The applicant’s assessment constitutes information to inform the competent authority’s assessment.

If no alternative solutions can be demonstrated to minimise the project’s impact on the integrity of the European site(s), the project may still be carried out if the competent authority is satisfied that the scheme must be carried out for IROPI.

Where priority natural habitats or species will be affected, the IROPI justification should be provided in the LSER and must relate to either:

• human health, public safety or beneficial consequences of primary importance to the environment; or
• have due regard to any opinion from the European Commission, any other imperative reasons of overriding public interest.

Submission and examination

Following submission, checks for validity will be mainly procedural, but during this time, PEDW will also check that sufficient information is submitted in order to determine the application.

Where the applicant’s conclusions have been disputed during the examination, the report will include revisions to any HRA matrices submitted. The report, and any related consultation responses and examination material, will form part of the evidence base for the Inspector’s report and recommendation to the Welsh Ministers. 

The Inspector’s report

The Inspector’s report will address the LSE of the project on any European site(s) and qualifying features and, if appropriate, also consider whether the project will have an adverse effect on the integrity of European site(s). Where necessary, the Inspector’s report will assess evidence from the examination relating to the case for no alternatives, IROPI and compensatory measures. Welsh Ministers will then consider all the examination evidence prior to making a determination on the DNS application.

A DNS application must be accompanied by a Consultation Report In accordance with Article 11 of the DNS Procedure Order, the Consultation Report must include: 

• a copy of the site notice which the applicant displayed
• a declaration that the site notice was displayed in accordance with the requirements of the DNS Procedure Order, Article 8(1)(a)(i)
• a list of the addresses of the persons (owners or occupiers of adjoining land) who were given notice of the proposed application, and a copy of the notice given to such persons
• a copy of the press notice;
• a declaration that the applicant has published the draft application documents on the applicant’s website for at least 42 days in accordance with Article 8(1)(b) of the DNS Procedure Order 
• copies of all notices given to community consultees, relevant persons and specialist consultees
• a summary of all issues raised by any person notified of the proposed application, including confirmation of whether the issues raised have been addressed and, if so, how
• copies of all responses received from specialist consultees with an explanation of the account taken of each response.

Applicants should aim to prepare a focused, concise report. It is recommended that applicants structure their Consultation Report as follows:

• Chapter 1: Context 
• Chapter 2: Statutory consultees (Specialist Consultees, Community Consultees and where Secondary Consents are sought Relevant Persons as defined in the Article 2 of the DNS Procedure Order)
• Chapter 3: Statutory publicity 
• Chapter 4: Number of responses, by type 
• Chapter 5: Responses from statutory consultees and consequent actions 
• Chapter 6: Main issues 
• Appendix 1: Declarations of compliance with the Act/Order 
• Appendix 2: Copies of notices, publicity and letters 
• Appendix 3: Original copies of responses from Specialist Consultees
• Confidential Appendix 4: Contact details of those consulted and those who responded to publicity

Statutory consultees

The report should include a full list of statutory consultees. It should identify why each body consulted classifies as a statutory consultee, and how they were consulted. If statutory consultees were consulted on multiple occasions, this should be explained.

The report should evidence how community consultees were identified, by including a map showing the site and boundaries of the relevant wards and Community Councils.

Statutory publicity

The applicant is required to publicise the proposed application in such manner as is reasonably considered likely to bring it to the attention of a majority of the persons who own or occupy premises in the vicinity of the land. This includes:

• publishing all documents on a website for a period of not less than 42 days
• displaying at least one site notice,
• serving written notice on owners or occupiers of land adjoining the site,
• publishing a notice in the local newspaper.

The Consultation Report should provide evidence of this publicity. It should: 

• identify the location(s) of site notices and the dates on which they were displayed and taken down,
• include a map identifying the adjoining properties (as point data) on which written notice was served,
• identify the date on which the notice was published in the local newspaper, and
• confirm the time period that the notices allowed for responses to be submitted.

The report must include declarations confirming that at least one site notice was displayed on or near the site, and that all documents were published on a website for at least 42 days.

The report must also include, as appendices:

• The 2 declarations
• Copies of all publicity and notices as they originally appeared (including confirmation of the newspaper and date in which the public notice was published), and
• a list of addresses of all those consulted (including statutory consultees).

Number of responses, by type

The report should quantify the total number of responses received. It should summarise the total number of responses by:

• category of respondent
• whether the response is in objection or support, and
• the related main issue.

The report should indicate the number and nature of any responses which, in the opinion of the applicant, were not duly made.

If any responses were received on matters relating solely to a secondary consent, the report should identify how many were received, to which consent they relate, and who made them.

Main issues

The report should provide a summary of the main issues raised following receipt of responses, and how these responses have been addressed in the submitted planning application.

The main issues should be identified following an analysis of all responses, whether from statutory consultees, adjacent owners/occupiers or others.

A template for grouping main issues is provided below:

Careful consideration should be given to all responses. A reasoned response to a significant objection may help to reduce the need to provide written representations during the examination.

Responses which relate to the same (or closely linked) matter, or to a specific part of a site, can be grouped into a single main issue.

Issues relating to a secondary consent should be identified in a separate schedule or schedules. 

Responses from statutory consultees and consequent actions

The applicant is required to include copies of responses from specialist consultees and explain how it has taken account of these responses.

It is recommended that the report includes a schedule incorporating the following information:

• consultee name and ID
• response ID [if the consultee has raised a number of distinct issues, or has made more than one response, give each part a distinct ID]
• summary of response
• main issue(s)
• relevant consent to which the response relates
• applicant’s consequent actions

PEDW recommends that the schedule provides a summary of responses from all statutory consultees, rather than just Specialist Consultees.

Scanned copies of the original responses should be appended to the report. It is recommended that the responses of all statutory consultees are included, rather than just specialist consultees.