The Transport and Works (Applications and Objections Procedure) Rules 1992

• (a) a conservation area designated under Part II of the Planning (Listed Buildings and Conservation Areas) Act 1990; or

• (b) an area of archaeological importance designated under section 33 of the Ancient Monuments and Archaeological Areas Act 1979.

15

• (a) In England, the Historic Buildings and Monuments Commission for England; and

• (b) In Wales, the Secretary of State for Wales (Cadw).

16

Works affecting a garden or other land of historic interest registered pursuant to section 8C of the Historic Buildings and Monuments Act 1953.

16

• (a) In England, the Historic Buildings and Monuments Commission for England; and

• (b) In Wales, the Secretary of State for Wales (Cadw).

17

Works affecting:

• (a) an area of special scientific interest of which notification has been given or has effect as if given under section 28(1) of the Wildlife and Countryside Act 1981[^f00029]; or

• (b) an area within 2 kilometres of such an area of special scientific interest and of which notification has been given to the local planning authority; or

• (c) land declared to be a national nature reserve under section 35 of the Wildlife and Countryside Act 1981; or

• (d) a marine nature reserve designated under section 36 of the Wildlife and Countryside Act 1981.

17

• (a) In or adjacent to England, the Nature Conservancy Council for England; and

• (b) In or adjacent to Wales, the Countryside Council for Wales.

18

Works affecting a National Park or an Area of Outstanding Natural Beauty.

18

• (a) In England, the Countryside Commission; and

• (b) In Wales, the Countryside Council for Wales.

19

Works which are either:

• (a) within 3 kilometres of Windsor Castle, Windsor Great Park or Windsor Home Park; or

• (b) within 800 metres of any other royal palace or royal park and which are likely to affect the amenity or security thereof.

19

The Secretary of State for National Heritage.

20

Works in Greater London or the metropolitan counties of Greater Manchester and Merseyside which are within 250 metres of land which:

• (a) is, or has been within 30 years immediately prior to the date of the notice given under rule 3(2), used for the deposit of refuse or waste; or

• (b) has been notified to the local planning authority by the waste regulation or disposal authority for the relevant area.

20

The waste regulation or disposal authority constituted by the Waste Regulation and Disposal (Authorities) Order 1985.

21

The carrying out of an operation requiring hazardous substances consent under the Planning (Hazardous Substances) Act 1990.

21

The hazardous substances authority as defined in that Act and the Health and Safety Executive.

22

Works not in accordance with a development plan and which either:

• (a) involve the loss of not less than 20 hectares of agricultural land of grades 1, 2 and 3a (in aggregate); or

• (b) taken with other associated works cumulatively involve the loss of not less than 20 hectares of such land.

22

• (a) In England, the Minister of Agriculture, Fisheries and Food; and

• (b) In Wales, the Secretary of State for Wales.

23

To discontinue all railway passenger or tramway services from any railway station or line to which the provisions of sections 54 and 56 of the Transport Act 1962 apply.

23

Every relevant Area Committee (as defined in section 56(1) of the Transport Act 1962) or the London Regional Passengers' Committee as the case may be.

24

The right for a person providing transport services to use a transport system belonging to another.

24

The operator of the relevant transport system.

SCHEDULE 6 — PERSONS TO BE SERVED WITH NOTICE OF APPLICATION

1

Works affecting the foreshore below mean high water spring tides, tidal waters or the bed of or subsoil beneath tidal waters (except where the land affected by the works falls within category 17 of Schedule 5).

1

• (a) In or adjacent to England, the Nature Conservancy Council for England; and

• (b) In or adjacent to Wales, the Countryside Council for Wales.

2

Works affecting the banks or the bed of, or the subsoil beneath, a river.

2

• (a) In England or Wales, the Crown Estate Commissioners; and (except where the land affected falls within category 17 of Schedule 5)

• (b) In England, the Nature Conservancy Council for England; and

• (c) In Wales, the Countryside Council for Wales.

3

Works affecting the banks or the bed of, or the subsoil beneath, an inland waterway comprised in the undertaking of the British Waterways Board or any of the reservoirs, feeders, sluices, locks, lifts, drains and other works comprised in or serving the undertaking (except where the land affected falls within category 17 of Schedule 5).

3

• (a) In England, the Nature Conservancy Council for England; and

• (b) In Wales, the Countryside Council for Wales.

4

Works affecting the banks or the bed of, or the subsoil beneath, a canal or inland navigation not comprised in the undertaking of the British Waterways Board or any of the reservoirs, feeders, sluices, locks, lifts, drains and other works comprised in or serving such canal or inland navigation.

4

• (a) In England and Wales, any organisation appearing to the Secretary of State to represent a substantial number of persons using the canal or inland navigation; and (except where the land affected falls within category 17 of Schedule 5)

• (b) In England, the Nature Conservancy Council for England; and

• (c) In Wales, the Countryside Council for Wales.

5

Works affecting an area under the control of a harbour authority as defined in section 57(1) of the Harbours Act 1964.

5

The navigation authority for any adjoining waterway (if different from the navigation authority for the harbour area) and the conservancy authority for any adjoining waterway.

6

Works which would, or would apart from the making of an order, require a consent to the discharge of matter into waters or on to land under Chapter II of Part III of the Water Resources Act 1991.

6

The National Rivers Authority.

7

Works likely to affect the volume or character of traffic entering or leaving:—

• (i) a special road or trunk road;

• (ii) any other classified road.

7

• (i)

• (a) In England, the Secretary of State for Transport; and

• (b) In Wales, the Secretary of State for Wales.

• (ii) The relevant highway authority.

8

The construction of a transport system involving the placing of equipment in or over a street.

8

Occupiers of all buildings having a frontage on, or whose principal means of access is from, the relevant street.

9

The Theatres Trust.

10

To construct a transport system to which the provisions of section 56 of the Transport Act 1962 apply or will apply by virtue of the order.

10

Every relevant Area Committee (as defined in section 56(1) of the Transport Act 1962) or the London Regional Passengers' Committee, as the case may be.

11

The suspension or discontinuance of any operations or provision in consequence of the abandonment or neglect of a transport system or inland waterway pursuant to section 7.

11

Every operator affected or likely to be affected thereby.

12

To modify, exclude, amend, repeal or revoke a provision of an Act of Parliament or statutory instrument conferring protection or benefit upon any person (whether in his capacity as the owner of designated land or otherwise) specifically named therein.

12

The person upon whom such protection or benefit is conferred.

13

The compulsory acquisition of land in which there subsists a Crown or Duchy interest within the meaning of section 25(2).

13

The appropriate authority within the meaning of section 25(3).

14

The compulsory purchase of ecclesiastical property (as defined in section 12(3) of the Acquisition of Land Act 1981)[^f00030].

14

The Church Commissioners.

SCHEDULE 7 — FEES

PART I — TABLE OF FEES

1

Construction of a transport system or inland waterway requiring the compulsory acquisition of land where the area of the proposed works—

• (a) does not exceed 0.5 hectares;

• (b) exceeds 0.5 hectares.

1

• (a) £5,000;

• (b) £5,000, plus £1,000 for each 0.5 hectares, or part thereof, in excess of 0.5 hectares.

2

Construction of a transport system or inland waterway not requiring the compulsory acquisition of land where the area of the proposed works—

• (a) does not exceed 1 hectare;

• (b) exceeds 1 hectare.

2

• (a) £750;

• (b) £750, plus £250 for each 0.5 hectares, or part thereof, in excess of 1 hectare.

3

Construction of works which interfere with rights of navigation, being of a description prescribed under section 4, where the area of the proposed works—

• (a) does not exceed 0.5 hectares;

• (b) exceeds 0.5 hectares.

3

• (a) £5,000;

• (b) £5,000, plus £1,000 for each 0.5 hectares in excess of 0.5 hectares.

4

Provision for any matter other than those described above.

4

£1,000.

PART II — CALCULATION OF FEES

1

• (1) In this Schedule, except where the context otherwise requires—

• “area”, in relation to proposed works, means— the aggregate area of the land contained within the limits of deviation shown on the plans deposited with the application within which it is intended that the proposed works (or part thereof) shall be constructed, or where no such limits are shown, the aggregate area contained within the boundaries of the land shown on such plans and upon which it is intended that the proposed works (or part thereof) shall be constructed;

• “compulsory acquisition of land” includes the compulsory extinguishment of easements and other private rights over land (including private rights of navigation over water) and the acquisition of rights to place equipment in a street but does not include the acquisition of rights of temporary use of land;

• “proposal” means— in relation to proposed works— a single work or works forming an integral whole, or a works project consisting of two or more interdependent parts directed at the same purpose; and in relation to any other provision of a draft order— a provision not reliant upon any other provision (other than an interpretative or other general provision) for its force and effect, or two or more interdependent provisions directed at the same purpose.

2

Subject to the provisions of paragraph 3 of this Part, a fee specified in the table in Part I of this Schedule is payable in respect of each proposal in a draft order to which that fee applies.

3

In no case shall a fee in excess of £80,000 be payable in respect of any one proposal.

Signed

Signed by authority of the Secretary of State for Transport

Roger Freeman — Department of Transport — 19th November 1992

Signed by authority of the Secretary of State for the Environment

Lord Strathclyde — Parliamentary Under-Secretary of State, — Department of the Environment — 19th November 1992

Explanatory note

(This note is not part of the Rules)

These Rules prescribe the procedures for the making of applications for orders under Part I of the Transport and Works Act 1992 (“the Act”) and for the lodging of objections to such applications. They also prescribe the procedures for the handling of objections where the Secretary of State decides not to hold a public inquiry or hearing under section 11 of the Act.

Rule 3 (which introduces Schedule 2) provides for the notification of certain bodies having statutory responsibilities in particular areas of the prospective applicant’s intention to make an application.

Rules 4, 5 and 7 (with Schedules 1 and 4) prescribe the form of the application and the documentation which must be submitted in support of it. In particular, for the purpose of implementing Council Directive 85/337/EEC, it is provided that an environmental statement must be submitted, subject however to the provisions of rule 6.

Rule 6 enables the Secretary of State, in certain circumstances, to waive the requirement for an environmental statement where the Directive does not apply. Conversely, it empowers the Secretary of State to require the applicant to supply further information where he believes that the information provided is insufficient to comply with the requirements of the Rules and it permits the applicant himself to supply additional information after the application has been submitted. The rule also enables the applicant to obtain environmental information from bodies with special knowledge.

Rule 8 provides for the service by the applicant of copies of the application and certain supporting documents on certain interested persons and bodies, listed in this rule or in Schedule 5.

Rules 9 and 10 provide for the service by the applicant of notice of the application on other persons and bodies, listed in these Rules and in Schedule 6, the publication of notice of the application in local newspapers, and the posting of notices at the site of proposed works and elsewhere.

Rule 11 provides for the making of minor amendments to an application, that is those not involving material alteration of its subject-matter.

Rules 12 and 13 provide for amendments to the applications procedure. They enable the Secretary of State to waive certain requirements, or to impose additional ones, if appropriate. Rule 12(4) in particular makes provision for the submission of amended applications which do involve a material (though not a major) alteration to part of an earlier application.

Rule 14 and Schedule 7 prescribe the fees payable on making an application.

Rule 15 makes provision for the special circumstances occurring when the Secretary of State himself makes proposals for an order under section 7 of the Act.

Rules 16 to 18 make provision for general matters relating to objections and other written representations, including the validity of objections and the service of copies of objections, etc, upon other persons. Provision is also made for determining when objections are to be dealt with by the written representations procedure.

Rule 19 sets out the procedure for dealing with objections by written representations where the objections are either too few, or not sufficiently complex, to warrant the holding of a public inquiry or hearing. The applicant may reply to an objector’s arguments and the objector may then comment on such replies.

Rule 20 imposes requirements on the Secretary of State where a public inquiry or hearing is called.

Rule 21 provides for the extension of time limits for the taking of steps prescribed by these Rules.

Schedule 3 prescribes forms of notice.

Footnotes

[^f00001]: 1992 c. 42.

[^f00002]: 1991 c. 59.

[^f00003]: OJ No. L175, 5.7.85, P. 40.

[^f00004]: 1977 c. 42. See section 2(1) and Schedule 1, as amended by the Housing Act 1980 (c. 51), sections 76 and 153(2) and Schedule 26, and the Housing Act 1988 (c. 50), section 39(1).

[^f00005]: 1976 c. 80. See section 4, as amended by the Rent Act 1977, section 155 and Schedule 23, and the Housing Act 1980, section 76(3).

[^f00006]: 1991 c. 57.

[^f00007]: 1962 c. 58.

[^f00008]: 1975 c. 74.

[^f00009]: 1990 c. 8.

[^f00010]: 1984 c. 12.

[^f00011]: S.I. 1987/2197.

[^f00012]: 1894 c. 60.

[^f00013]: 1985 c. 6, to which there are amendments not relevant to these Rules.

[^f00014]: Subsection (2A) was inserted by section 16(1) of the Transport and Works Act 1992.

[^f00015]: 1990 c. 10. Section 12(2A) was inserted by section 18 of the Transport and Works Act 1992.

[^f00016]: S.I. 1992/656.

[^f00017]: 1992 c. 53.

[^f00018]: 1938 c.xciii.

[^f00019]: Cm. 1645.

[^f00020]: 1962 c. 46. Section 56 was amended by the Transport Act 1968 (c. 73), sections 55(5) and 165(a) and Schedule 18, Part I; the Transport Act 1962 (Amendment) Act 1981 (c. 32), section 1(2); and the London Regional Passengers' Committee is an Area Committee by virtue of section 41(1) of the London Regional Transport Act 1984 (c. 32).

[^f00021]: 1964 c. 40.

[^f00022]: 1973 c. 33.

[^f00023]: 1991 c. 22.

[^f00024]: 1990 c. 9.

[^f00025]: 1979 c. 46.

[^f00026]: 1953 c. 49. Section 8C was inserted by the National Heritage Act 1983 (c. 47), section 33 and Schedule 4, paragraph 10.

[^f00027]: 1976 c. 27.

[^f00028]: S.I. 1985/1884.

[^f00029]: 1981 c. 69.

[^f00030]: 1981 c. 67.