The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000
Made: 18th August 2000
Laid before Parliament: 18th August 2000
Coming into force: 16th October 2000
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Citation and commencement
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Revocation
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Transitional provisions
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Interpretation and notices
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Preliminary notices
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Provision of environmental information
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The requirement for environmental statement and screening decisions
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Scoping opinion
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Form of application
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Documents accompanying applications
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Environmental statements: provision of information
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Plans, sections and books of reference
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Deposit of copy application, etc, with others
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Publicity for application
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Notices to owners and occupiers
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Development likely to have significant effects on the environment in another part of the United Kingdom or certain other states
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Further documents, information and notices
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Waiver of requirements in relation to applications
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Compliance with rules which would not otherwise apply
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Fees for applications
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Orders made by the Secretary of State under section 7
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Objections and representations: general
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Notice of objections and other representations
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Application of written representations procedure
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Procedure by written representations
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Submission of written objections and representations to inquiry or hearing
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Power to set later time limits
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Applications relating solely to Wales
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SCHEDULE 1 — INFORMATION TO BE INCLUDED IN ENVIRONMENTAL STATEMENTS
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SCHEDULE 2 — THOSE TO BE SERVED WITH NOTICE OF INTENDED APPLICATION
1
Works affecting the foreshore below mean high water spring tides, tidal waters, or the bed of, or the subsoil beneath, tidal waters.
2
Works affecting the banks or the bed of, or the subsoil beneath, a river.
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.
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.
5
Works causing, or likely to cause, an obstruction to the passage of fish in a river.
6
Works affecting an area under the control of a harbour authority as defined in section 57(1) of the Harbours Act 1964.47
7
Works affecting a site protected under the Protection of Wrecks Act 1973.48
8
Works affecting, or involving the stopping-up or diversion of, a street, or affecting a proposed highway.
9
Works likely to affect the volume or character of traffic entering or leaving—
- (i) a special road or trunk road; or
- (ii) any other classified road.
10
The construction of a transport system involving the placing of equipment in or over a street.
11
Works affecting land in, on or over which is installed the apparatus, equipment or street furniture of a statutory undertaker.
12
Works in an area of coal working notified to the local planning authority by the British Coal Corporation or the Coal Authority.
13
Works affecting:
- (i) a building listed under Part I of the Planning (Listed Buildings and Conservation Areas) Act 199049;
- (ii) an ancient monument scheduled under the Ancient Monuments and Archaeological Areas Act 197950.
14
Works affecting:
- (i) a conservation area designated under Part II of the Planning (Listed Buildings and Conservation Areas) Act 1990; or
- (ii) an area of archaeological importance designated under section 33 of the Ancient Monuments and Archaeological Areas Act 1979.
15
Works affecting a garden or other land of historic interest registered pursuant to section 8C of the Historic Buildings and Monuments Act 1953.51
16
Works which are either:
- (i) within 3 kilometres of Windsor Castle, Windsor Great Park or Windsor Home Park;
or
- (ii) within 800 metres of any other royal palace or royal park and which are likely to affect the amenity or security of that palace or park.
17
Works affecting any land on which there is a theatre as defined in the Theatres Trust Act 1976.52
18
The carrying-out of an operation requiring hazardous substances consent under the Planning (Hazardous Substances) Act 1990.53
19
Works not in accordance with a development plan and which either:
- (i) involve the loss of not less than 20 hectares of agricultural land of grades 1, 2 and 3a (in aggregate); or
- (ii) taken with other associated works cumulatively involve the loss of not less than 20 hectares of such land.
20
Works to construct, alter or demolish a transport system or to carry out works ancillary to its operation or works consequential upon its abandonment or demolition.
21
Works which would affect the operation of any existing railway passenger or tramway services provided under statutory powers.
22
Works to construct new railways to which any regulatory provisions in the Railways Act 1993 would apply or to amend existing powers in relation to railways subject to such regulation.
23
Works affecting land, or the use of land, in which there is a Crown interest.
24
Works to be carried out in Greater London.
SCHEDULE 3 — FORMS OF NOTICE
FORM 1
The Transport and Works Act 1992
The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000
[Order title]
PROPOSAL TO APPLY FOR AN ORDER
Rule 5(1) and (2)
FORM 2
The Transport and Works Act 1992
The Transport and Works Act (Applications and Objections Procedure) (England and Wales) Rules 2000
[Order title]
NOTICE OF APPLICATION FOR AN ORDER
Rule 14(2)
The Transport and Works Act 1992
The Transport and Works (Applications and Objections Procedure) Rules 2000 (England and Wales)
[Order title]
NOTICE OF PROPOSED WORKS
Rule 14(7)
FORM 4
The Transport and Works Act 1992
The Transport and Works (Applications and Objections Procedure) Rules 2000 (England and Wales)
NOTICE OF APPLICATION FOR AN ORDER WHICH WOULD *[EXTINGUISH PUBLIC RIGHTS OF WAY OVER] [STOP UP] [DIVERT] [TEMPORARILY] [RESTRICT USE OF] A [STREET] [FOOTPATH/ETC.]
Rule 14(8)
FORM 5
The Transport and Works Act 1992
The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000
[Order title]
NOTICE OF APPLICATION FOR AN ORDER WHICH WOULD RESULT IN THE CLOSURE OF A *[STATION] [TRAMWAY] [RAILWAY LINE] TO PASSENGER SERVICES
Rule 14(9)
FORM 6
The Transport and Works Act 1992
The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000
[Order title]
NOTICE OF APPLICATION [TO ACQUIRE LAND/RIGHTS IN LAND COMPULSORILY] [TO USE LAND] [FOR POWERS TO CARRY OUT PROTECTIVE WORKS TO BUILDINGS] [TO EXTINGUISH RIGHTS OVER LAND]
Rule 15
FORM 7
The Transport and Works Act 1992
The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000
[Order title]
NOTICE OF FURTHER ENVIRONMENTAL INFORMATION
Rule 17(4)
SCHEDULE 4 — FORM OF ESTIMATE OF COSTS
1
Surveying, drilling and soil sampling.
2
Acquisition of land and rights over land.
3
Earthworks (including land reclamation and landscaping).
4
Fees of professional and other advisers, in connection with the implementation of the project once authorised.
5
Electrical plant and equipment.
6
Signalling and communications.
7
Vehicles.
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Alteration, modification and removal of existing works.
9
Other major items (to be specified).
SCHEDULE 5 — THOSE TO BE SERVED WITH A COPY OF APPLICATION AND DOCUMENTS
1
Works affecting the foreshore below mean high water spring tides, or tidal waters, or the bed of, or the subsoil beneath, tidal waters.
2
Works affecting the banks or the bed of, or the subsoil beneath, a river.
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.
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.
5
Works causing or likely to cause an obstruction to the passage of fish in a river.
6
Works involving tunnelling or excavation deeper than 3 metres below the surface of the land, other than for piling or making soil tests.
7
Works affecting an area under the control of a harbour authority as defined in section 57(1) of the Harbours Act 196455.
8
Works affecting a site protected under the Protection of Wrecks Acts 197356.
9
Works affecting, or involving the stopping-up or diversion of, a street, or affecting a proposed highway.
10
The stopping-up or diversion of a footpath, a bridleway, a byway or a cycle track.
11
The construction of a transport system involving the placing of equipment in or over a street.
12
Works affecting land in, on or over which is installed the apparatus, equipment or street furniture of a statutory undertaker.
13
Works in an area of coal working notified to the local planning authority by the British Coal Corporation or the Coal Authority.
14
Works affecting:
- (i) a building listed under Part I of the Planning (Listed Buildings and Conservation Areas) Act 199057;
- (ii) an ancient monument scheduled under the Ancient Monuments and Archaeological Areas Act 197958; or
- (iii) any archaeological site.
15
Works affecting:
- (i) a conservation area designated under Part II of the Planning (Listed Buildings and Conservation Areas) Act 1990; or
- (ii) an area of archaeological importance designated under section 33 of the Ancient Monuments and Archaeological Areas Act 1979.
16
Works affecting a garden or other land of historic interest registered pursuant to section 8C of the Historic Buildings and Ancient Monuments Act 195359.
17
Works affecting:
- (i) 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 198160;
- (ii) 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;
- (iii) land declared to be a national nature reserve under section 35 of the Wildlife and Countryside Act 1981; or
- (iv) a marine nature reserve designated under section 36 of the Wildlife and Countryside Act 1981.
18
Works affecting a National Park or an Area of Outstanding Natural Beauty.
19
Works which are either:
- (i) within 3 kilometres of Windsor Castle, Windsor Great Park or Windsor Home Park; or
- (ii) within 800 metres of any other royal palace or royal park and which are likely to affect the amenity or security of that palace or park.
20
Works which are within 250 metres of land which:
- (i) is, or has been within 30 years immediately prior to the date of the notice given under rule 5(1), used for the deposit of refuse or waste; or
- (ii) has been notified to the local planning authority by the waste regulation or disposal authority for the relevant area.
21
The carrying-out of an operation requiring hazardous substances consent under the Planning (Hazardous Substances) Act 199061.
22
Works not in accordance with a development plan and which either:—
- (i) involve the loss of not less than 20 hectares of agricultural land of grades 1, 2 and 3a (in aggregate); or
- (ii) taken with other associated works cumulatively involve the loss of not less than 20 hectares of such land.
23
- (i) Works which would affect the operation of any existing railway passenger or tramway services provided under statutory powers; or
- (ii) the construction of a new railway for the provision of public passenger transport, or of a new tramway.
24
Works to construct new railways to which any regulatory provisions in the Railways Act 1993 would apply or provision to amend existing powers in relation to railways subject to such regulation.
25
The right for a person providing transport services to use a transport system belonging to another.
26
Works affecting land in which there is a Crown interest.
27
Works to be carried out in Greater London.
SCHEDULE 6 — THOSE 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 to these Rules).
2
Works affecting the banks or the bed of, or the subsoil beneath, a river.
3
Works affecting the banks or the bed of, or the subsoil beneath, an inland waterway, canal or inland navigation, or any of the reservoirs, feeders, sluices, locks, lifts, drains and other works comprised in or serving that inland waterway, canal or inland navigation.
4
Works affecting an area under the control of a harbour authority as defined in section 57(1) of the Harbours Act 196463.
5
Works which would, or would apart from the making of an order, require a consent to the discharge of matter into waters or onto land under Chapter II of Part III of the Water Resources Act 199164.
6
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
The construction of a transport system involving the placing of equipment in or over a street (except a level crossing).
8
Works affecting any land on which there is a theatre as defined in the Theatres Trust Act 197665.
9
The right to attach to a building any equipment required in connection with a tramway, trolley vehicle system or other guided transport system.
10
The suspension or discontinuance of any operations in consequence of the abandonment or neglect of a transport system or inland waterway pursuant to section 7.
11
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 compulsory purchase of ecclesiastical property (as defined in section 12(3) of the Acquisition of Land Act 1981)66.
13
Works in Greater London or a metropolitan county.
14
The right to monitor, survey or investigate land (including any right to make trial holes in land).
15
Works or traffic management measures that would affect services provided by the Post Office relating to the delivery or collection of letters.
16
Works in an area of coal working notified to the local planning authority by the British Coal Corporation or the Coal Authority.
SCHEDULE 7 — FEES
PART I — TABLE OF FEES
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Provision for the transfer of an undertaking.
5
Provision for any matter other than those described above.
PART II — CALCULATION OF FEES
SCHEDULE 8 — PROPOSALS FOR ORDERS UNDER SECTION 7
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Signed
Signed by authority of the Secretary of the State for the Environment, Transport and the Regions
Gus Macdonald — Minister of State, — Department of the Environment, Transport and the Regions — 2000-08-10
Explanatory note
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Footnotes
1992 c. 42, as amended by S.I. 1995/1541 and S.I. 1998/2226.
For the requirement for agreement to the exercise of functions in relation to Wales, see article 5(1) of and Schedule 2 to the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672 and the entry in Schedule 2 relating to the Transport and Works Act 1992.
S.I. 1992/2902.
O.J. No. L175, 5.7.85, p. 40.
O.J. No. L73, 14.3.97, p. 5.
Part I has been amended by: the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), section 187(1) and Schedule 21, paragraph 29; the Local Government (Wales) Act 1994 (c. 19), sections 18 and 19; and the Environment Act 1995 (c. 25), sections 67 and 78 and Schedule 10, paragraph 32(2) and (3).
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).
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).
1990 c. 8; section 90 was amended by section 16 of the Transport and Works Act 1992.
1986 c. 44, as amended by section 5 of the Gas Act 1995 (c. 45).
S.I. 1987/2197.
See sections 35 to 37 of the Regional Development Agencies Act 1998 (c. 45) and the Development Commission (Transfer of Functions and Miscellaneous Provisions) Order 1999 (S.I. 1999/416).
See section 128 of the Environmental Protection Act 1990 (c. 43).
See section 130 of the Environmental Protection Act 1990.
See section 1(1) of the Environment Act 1995 (c. 25).
Both Annexes are amended by Council Directive 97/11/EC.
See section 1(1) of the Environment Act 1995 (c. 25).
Inserted by Council Directive 97/11/EC.
See section 1(1) of the Environment Act 1995 (c. 25).
1985 c. 6, to which there are amendments not relevant to these Rules.
Subsection (2A) was inserted by section 16(1) of the Transport and Works Act 1992.
1990 c. 10. Section 12(2A) was inserted by section 18 of the Transport and Works Act 1992.
S.I. 1992/656.
See Command Paper 9424.
See the Norfolk and Suffolk Broads Act 1988 (c. 4).
1979 c. 46. See the definition in section 1(11).
1981 c. 69, as amended by the Wildlife and Countryside (Amendment) Act 1985 (c. 31), the Wildlife and Countryside (Service of Notices) Act 1985 (c. 59), the Norfolk and Suffolk Broads Act 1988 (c. 4) and the Planning (Consequential Provisions) Act 1990 (c. 11).
S.I. 1992/2817.
Certain of the functions of the Secretary of State under sections 1 and 3 of the Transport and Works Act 1992 in relation to cases relating solely to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672; see the entry in Schedule 1 to that Order that relates to the Transport and Works Act 1992.
1953. c. 49. Section 8C was inserted by the National Heritage Act 1983 (c. 47), section 33 and Schedule 4, paragraph 10.
Annex II is amended by Council Directive 97/11/EC (see rule 4 above).
The power to make an order pursuant to section 7(1)(b) and (c), where the transport system, inland waterway or other works are wholly in Wales is devolved to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672; see the entry in Schedule 1 to that Order that relates to the Transport and Works Act 1992 and see rule 28 above.
S.I. 1992/656.
| (1) | (2) |
|---|---|
| Authority sought for:— | Those to be served:— |
| 1.Works affecting the foreshore below mean high water spring tides, tidal waters, or the bed of, or the subsoil beneath, tidal waters. | 1.The Crown Estate Commissioners, the Minister of Agriculture, Fisheries and Food; and, for works—(a)in or adjacent to Wales, the National Assembly for Wales;(b)in or adjacent to the counties of Devon and Cornwall and the Isles of Scilly, the Duchy of Cornwall; and(c)in or adjacent to the counties of Cumbria, Lancashire, Merseyside and Cheshire, the Duchy of Lancaster. |
| 2.Works affecting the banks or the bed of, or the subsoil beneath, a river. | 2.The Crown Estate Commissioners and any relevant operator; and for works—(a)in or adjacent to the counties of Devon and Cornwall and the Isles of Scilly, the Duchy of Cornwall;(b)in or adjacent to the counties of Cumbria, Lancashire, Merseyside and Cheshire, the Duchy of Lancaster. |
| 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. | 3.The British Waterways Board (unless the Board is the applicant) and the Inland Waterways Amenity Advisory Council. |
| 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.Any relevant operator. |
| 5.Works causing, or likely to cause, an obstruction to the passage of fish in a river. | 5.For works—(a)in England, the Minister of Agriculture, Fisheries and Food; and(b)in Wales, the National Assembly for Wales. |
| 6.Works affecting an area under the control of a harbour authority as defined in section 57(1) of the Harbours Act 1964. | 6.The relevant harbour authority and the relevant navigation authority (if different). |
| 7.Works affecting a site protected under the Protection of Wrecks Act 1973. | 7.For works—(a)in or adjacent to England, the Secretary of State for Culture, Media and Sport; and(b)in or adjacent to Wales, the National Assembly for Wales. |
| 8.Works affecting, or involving the stopping-up or diversion of, a street, or affecting a proposed highway. | 8.The relevant highway authority or, where the street is not a highway maintainable at the public expense, the street managers. |
| 9.Works likely to affect the volume or character of traffic entering or leaving—(i)a special road or trunk road; or(ii)any other classified road. | 9. (i)For works—(a)in England, the Secretary of State (marked “;for the attention of the Highways Agency";); and(b)in Wales, the National Assembly for Wales.(ii)The relevant highway authority. |
| 10.The construction of a transport system involving the placing of equipment in or over a street. | 10.The street authority and where the works are to be carried out in Greater London, Transport for London. |
| 11.Works affecting land in, on or over which is installed the apparatus, equipment or street furniture of a statutory undertaker. | 11.The relevant statutory undertaker. |
| 12.Works in an area of coal working notified to the local planning authority by the British Coal Corporation or the Coal Authority. | 12.The Coal Authority. |
| 13.Works affecting:(i)a building listed under Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 ;(ii)an ancient monument scheduled under the Ancient Monuments and Archaeological Areas Act 1979 . | 13. (i) and (ii).For works—(a)in or adjacent to England, the Historic Buildings and Monuments Commission for England and the Royal Commission on the Historical Monuments of England; and(b)in or adjacent to Wales, the National Assembly for Wales and the Royal Commission on Ancient and Historical Monuments in Wales. |
| 14.Works affecting:(i)a conservation area designated under Part II of the Planning (Listed Buildings and Conservation Areas) Act 1990; or(ii)an area of archaeological importance designated under section 33 of the Ancient Monuments and Archaeological Areas Act 1979. | 14. (i) and (ii).For works—(a)in England, the Historic Buildings and Monuments Commission for England; and(b)in Wales, the National Assembly for Wales. |
| 15.Works affecting a garden or other land of historic interest registered pursuant to section 8C of the Historic Buildings and Monuments Act 1953. | 15.For works—(a)in England, the Historic Buildings and Monuments Commission for England; and(b)in Wales, the National Assembly for Wales. |
| 16.Works which are either:(i)within 3 kilometres of Windsor Castle, Windsor Great Park or Windsor Home Park;or(ii)within 800 metres of any other royal palace or royal park and which are likely to affect the amenity or security of that palace or park. | 16.The Secretary of State for Culture, Media and Sport. |
| 17.Works affecting any land on which there is a theatre as defined in the Theatres Trust Act 1976. | 17.The Theatres Trust. |
| 18.The carrying-out of an operation requiring hazardous substances consent under the Planning (Hazardous Substances) Act 1990. | 18.The hazardous substances authority as defined in that Act, the Health and Safety Executive and the Fire and Civil Defence Authority for the area in which the operation is to be carried out. |
| 19.Works not in accordance with a development plan and which either:(i)involve the loss of not less than 20 hectares of agricultural land of grades 1, 2 and 3a (in aggregate); or(ii)taken with other associated works cumulatively involve the loss of not less than 20 hectares of such land. | 19. (i) and (ii).For works—(a)in England, the Minister of Agriculture, Fisheries and Food; and(b)in Wales, the National Assembly for Wales. |
| 20.Works to construct, alter or demolish a transport system or to carry out works ancillary to its operation or works consequential upon its abandonment or demolition. | 20.Her Majesty’s Railway Inspectorate. |
| 21.Works which would affect the operation of any existing railway passenger or tramway services provided under statutory powers. | 21.Every relevant consultative committee (as defined in section 83 of the Railways Act 1993) or the London Transport Users’ Committee as the case may require. |
| 22.Works to construct new railways to which any regulatory provisions in the Railways Act 1993 would apply or to amend existing powers in relation to railways subject to such regulation. | 22.The Director of Passenger Rail Franchising, and the Rail Regulator. |
| 23.Works affecting land, or the use of land, in which there is a Crown interest. | 23.The appropriate authority for the land, within the meaning of section 25(3). |
| 24.Works to be carried out in Greater London. | 24.The Mayor of London. |
FORM 1
The Transport and Works Act 1992
The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000
[Order title]
PROPOSAL TO APPLY FOR AN ORDER
To: [Name and address of recipient]
[Name of applicant] gives notice under rule [5(2) of] [5(1) of and Schedule 2 to] the above Rules, of [its/his] intention to apply to the Secretary of State [title], not earlier than 28 days from the date of this notice, for an order under section [1][3] of the Transport and Works Act 1992. [This notice is served because authority is sought in the order for/to(a)* ].
A brief description of the proposals in the draft order is [given below][appended]. [A plan showing the location of the proposed works is appended.]
Any queries concerning this notice or requests for further information should be addressed to: [name, address and telephone number].
Signed:....................
*On behalf of:....................
Date:....................
Name and status of signatory:....................
*Delete where inappropriate
Note
- (a) Insert wording from relevant paragraph number in column (1) of Schedule 2.
FORM 2
The Transport and Works Act 1992
The Transport and Works Act (Applications and Objections Procedure) (England and Wales) Rules 2000
[Order title]
NOTICE OF APPLICATION FOR AN ORDER
[Name and address of applicant] [is to apply][has applied] to the Secretary of State [title] under section 6 of the Transport and Works Act 1992 for the above-mentioned order under section [1][3] of that Act.
The draft order makes provision for....................(a)
[The application is to be made subject to an environmental impact assessment.] or [The Secretary of State has determined that the application [is] [is not] to be made subject to an environmental impact assessment.]
*[The application will contain/contains a statement that [a direction for deemed planning permission] [and] [a hazardous substances consent] is/are being applied for.]
A copy of the application, and of all plans and other documents submitted with it, may be inspected free of charge between the hours of(b) and(b) on(b) to(b) at(c) until(d).
Any objections to, or other representations about, the proposals in the application should be sent to the Secretary of State [title] c/o [Departmental address] on or before [expiry date for objections]. An objection or representation MUST (i) be received by the Secretary of State on or before [expiry date for objections], (ii) be made in writing, (iii) state the grounds of the objection or representation and (iv) indicate who is making the objection or representation, and (v) give an address to which correspondence relating to the objection or representation may be sent.
The Secretary of State may make objections and other representations public and will copy them to the applicant for the order.
Signed:....................
*On behalf of:
Date:....................
Name and status of signatory:....................
*Delete or amend as appropriate
Notes
- (a) Summarise the provisions in the draft order which are relevant to the area in which the newspaper circulates. For orders authorising works, a brief description and location of the works relevant to the area should be included.
- (b) Times of inspection (hours of the day and days of the week) must give the general public a reasonable opportunity to inspect, and the addresses for inspection should include at least one address in each area where inspection is possible on Saturday or Sunday.
- (c) Place where the application etc. may be inspected.
- (d) Date not earlier than the expiry date for objections.
FORM 3
The Transport and Works Act 1992
The Transport and Works (Applications and Objections Procedure) Rules 2000 (England and Wales)
[Order title]
NOTICE OF PROPOSED WORKS
[Name and address of applicant] has applied to the Secretary of State [title] under section 6 of the Transport and Works Act 1992 for an order authorising the following works [description of works and their location].(a)
A copy of the application, and of all plans and other documents submitted with it, may be inspected free of charge between the hours of(b) and(b) on(b) to(b) at(c) until(d).
Any objections to, or other representations about, the proposals in the application should be sent to the Secretary of State [title] c/o [Departmental address] on or before [expiry date for objections]. An objection or representation MUST (i) be received by the Secretary of State on or before [expiry date for objections], (ii) be made in writing, (iii) state the grounds of the objection or representation and (iv) indicate who is making the objection or representation, and (v) give an address to which correspondence relating to the objection or representation may be sent.
The Secretary of State may make objections and representations public and will copy them to the applicant for the order.
Signed:
*On behalf of:
Date:
Name and status of signatory:
*Delete where inappropriate
Notes
- (a) Description and location may vary for linear works to suit siting of each notice but must be clear. A plan may be helpful.
- (b) Times of inspection (hours of the day and days of the week) must give the general public a reasonable opportunity to inspect, and the addresses for inspection should include at least one address in each area where inspection is possible on Saturday or Sunday.
- (c) Place where the application etc. may be inspected.
- (d) Date not earlier than the expiry date for objections.
FORM 4
The Transport and Works Act 1992
The Transport and Works (Applications and Objections Procedure) Rules 2000 (England and Wales)
NOTICE OF APPLICATION FOR AN ORDER WHICH WOULD *[EXTINGUISH PUBLIC RIGHTS OF WAY OVER] [STOP UP] [DIVERT] [TEMPORARILY] [RESTRICT USE OF] A [STREET] [FOOTPATH/ETC.]
[Name and address of applicant] has applied to the Secretary of State [title], under section 6 of the Transport and Works Act 1992 for the [name of draft order] to [brief description of works]. The order would authorise the [extinguishment of rights of way on foot/with vehicles/etc.(a) over] [stopping-up] [diversion] [restriction of use] [of] the [street] [highway/footpath/bridleway] [No. ] [known as(b)] between(c) and(c)
[to a line route extending between(d) and(d)*].
*[The period of the [stopping-up] [diversion] [restriction of use] applied for is
[*months/years.]
A copy of the application, and of all plans and other documents submitted with it, may be inspected free of charge between the hours of(e) and(e)> on(e) to(e) at(f) until(g).
Any objections to, or other representations about, the proposals in the application should be sent to the Secretary of State [title] c/o [Departmental address] on or before [expiry date for objections]. An objection or representation MUST (i) be received by [expiry date for objections], (ii) be made in writing, (iii) state the grounds of the objection or representation, (iv) indicate who is making the objection or representation, and (v) give an address to which correspondence relating to the objection or representation may be sent.
The Secretary of State may make objections and representations public and will copy them to the applicant for the order.
Signed:
*On behalf of:
Date:
Name and status of signatory:
*Delete or amend as appropriate
Notes
- (a) Provide sufficient detail to identify right of way (e.g. number of footpath or bridleway on definitive map or name of street) and indicate extent of proposed extinguishment if limited to type of use (e.g. on foot).
- (b) Provide sufficient detail to identify the right of way or street.
- (c) Points between which the street is to be stopped up, diverted or restricted.
- (d) Give line of route of diverted street.
- (e) Times of inspection (hours of the day and days of the week) must give the general public a reasonable opportunity to inspect, and the addresses for inspection should include at least one address in each area where inspection is possible on Saturday or Sunday.
- (f) Place where the application etc. may be inspected.
- (g) Date not earlier than the expiry date for objections.
FORM 5
The Transport and Works Act 1992
The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000
[Order title]
NOTICE OF APPLICATION FOR AN ORDER WHICH WOULD RESULT IN THE CLOSURE OF A *[STATION] [TRAMWAY] [RAILWAY LINE] TO PASSENGER SERVICES
[Name and address of applicant] has applied to the Secretary of State [title], under section 6 of the Transport and Works Act 1992, for an order under section 1 of that Act which, if made, would result in the closure of the [station] [tram stops] [and] [railway line] [tramway] specified in Schedule 1 below [to passenger traffic].
This authority is sought in connection with(a).
*[The proposed closure would also be subject to closure procedures under the Railways Act 1993.]
A copy of the application, and of all plans and other documents submitted with it, may be inspected free of charge between the hours of(b) and(b) on(b) to(b) at(c) until(d).
Any objections to, or other representations about, the proposals should be sent to the Secretary of State [title] c/o [Departmental address] on or before [expiry date for objections], and a copy of the objection or representation should be sent to the Secretary of the [name of Rail Users’ Consultative Committee or London Transport Users’ Committee] at [address of the Committee]. An objection or representation MUST (i) be received by the Secretary of State on or before [expiry date for objections], (ii) be made in writing, (iii) state the grounds of the objection or representation and (iv) indicate who is making the objection or representation, and (v) give an address to which correspondence relating to the objection or representation may be sent.
The Secretary of State may make objections and representations public and will copy them to the applicant for the order.
It appears to the applicant named above that the alternative services described in Schedule 2 below will be available.
Signed:
*On behalf of:
Date:
Name and status of signatory:
SCHEDULE 1(e)
SCHEDULE 2(f)
*Delete where inappropriate
Notes
- (a) Insert short details of project giving rise to closure.
- (b) Times of inspection (hours of the day and days of the week) must give the general public a reasonable opportunity to inspect, and the addresses for inspection should include at least one address in each area where inspection is possible on Saturday or Sunday.
- (c) Place where the application etc. may be inspected.
- (d) Date not earlier than the expiry date for objections.
- (e) Insert name(s) of station(s) and/or line(s) involved. Please attach a map if practicable.
- (f) Set out particulars of alternative services by train, bus, tramcar or other mode of transport, both existing and/or to be provided.
FORM 6
The Transport and Works Act 1992
The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000
[Order title]
NOTICE OF APPLICATION [TO ACQUIRE LAND/RIGHTS IN LAND COMPULSORILY] [TO USE LAND] [FOR POWERS TO CARRY OUT PROTECTIVE WORKS TO BUILDINGS] [TO EXTINGUISH RIGHTS OVER LAND]
To: [Name and address of recipient]
[Name and address of applicant] has applied to the Secretary of State [title] under section 6 of the Transport and Works Act 1992, for an order authorising the following works [brief description of works and their location].
The draft order provides for the [compulsory purchase of the] [extinguishment of the] [lands] [rights in land] [rights to use land] [rights to carry out protective works to buildings], described in the Schedule below, in which it is believed you have an interest.
A copy of the application, and of all plans and other documents submitted with it, may be inspected free of charge between the hours of(a) and(a) on(a) to(a) at(b) until(c).
Any objections to, or other representations about, the proposals in the application should be sent to the Secretary of State [title] c/o [Departmental address] on or before [expiry date for objections]. An objection or representation MUST (i) be received by the Secretary of State on or before [expiry date for objections], (ii) be made in writing, (iii) state the grounds of the objection or representation and (iv) indicate who is making the objection or representation, and (v) give an address to which correspondence relating to the objection or representation may be sent.
The Secretary of State may make objections or representations public and will copy them to the applicant for the order.
Where an objection is made (and not withdrawn) by a person who is an owner or occupier (except a tenant for a month or less) and that person so requests in writing, the Secretary of State must hold a public local inquiry or a hearing to give that person an opportunity to be heard. However, this rule will not apply where the objection appears to the Secretary of State to be frivolous or trivial, or to relate to matters which fall to be determined by a tribunal concerned with the assessment of compensation.
Signed:
*On behalf of:
Date:
Name and status of signatory:
SCHEDULE
Description of lands and/or buildings affected by the proposed compulsory powers
[Description should be such as to show in clear terms which land or building is affected and how. Where land is to be acquired, a plan drawn to a suitable scale should be attached if this will help the recipient of the notice to understand precisesly what land would be acquired.]
*Delete where inappropriate
Notes
- (a) Times of inspection (hours of the day and days of the week) must give the general public a reasonable opportunity to inspect, and the addresses for inspection should include at least one address in each area where inspection is possible on Saturday or Sunday.
- (b) Place where the application etc. may be inspected.
- (c) Date not earlier than the expiry date for objections.
FORM 7
The Transport and Works Act 1992
The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000
[Order title]
NOTICE OF FURTHER ENVIRONMENTAL INFORMATION
On [date] [name and address of applicant] applied to the Secretary of State [title] under section 6 of the Transport and Works Act 1992 for the above-mentioned order under section *[1] [3] of that Act.
The draft order makes provision for(a).
Further information is available in relation to the environmental statement which was provided with the application. A copy of that information may be inspected free of charge between the hours of(b) and(b) on(b) to(b) at(c) until(d). Copies of the information may be obtained from(e) for [£ ] [free of charge].
Representations about the further information should be sent to the Secretary of State [title] c/o [Departmental address]. Any such representations MUST (i) be received by the Secretary of State on or before(d), (ii) be made in writing, (iii) state the grounds for the representation, and (iv) indicate who is making the representation, and (v) give an address to which correspondence relating to the representation should be sent.
The Secretary of State may make representations public and will copy them to the applicant for the order.
Signed:
*On behalf of:
Date:
Name and status of signatory:
*Delete or amend as appropriate
Notes
- (a) Summarise the provisions in the draft order which are relevant to the area in which the newspaper circulates. A brief description of the works relevant to the area should be included and their location indicated.
- (b) Times of inspection (hours of the day and days of the week) must give the general public a reasonable opportunity to inspect, and the addresses for inspection should include at least one address in each area where inspection is possible on Saturday or Sunday.
- (c) Address in the locality where the further information may be inspected.
- (d) Date 42 days from the date of service of the further information on the Secretary of State or 42 days after a notice is published pursuant to rule 17(4), whichever date is the later (see rule 22(2)).
- (e) Address where copies of the further information may be obtained.
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