LegalizeThe 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
12
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Deposit of copy application, etc, with others
13
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Publicity for application
14
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Notices to owners and occupiers
15
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Development likely to have significant effects on the environment in another part of the United Kingdom or certain other states
16
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Further documents, information and notices
17
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Waiver of requirements in relation to applications
18
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Compliance with rules which would not otherwise apply
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Fees for applications
20
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Orders made by the Secretary of State under section 7
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Objections and representations: general
22
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Notice of objections and other representations
23
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Application of written representations procedure
24
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Procedure by written representations
25
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Submission of written objections and representations to inquiry or hearing
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Power to set later time limits
27
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Applications relating solely to Wales
28
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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.[^f00047]
7
Works affecting a site protected under the Protection of Wrecks Act 1973.[^f00048]
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 1990[^f00049];
- (ii) an ancient monument scheduled under the Ancient Monuments and Archaeological Areas Act 1979[^f00050].
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.[^f00051]
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.[^f00052]
18
The carrying-out of an operation requiring hazardous substances consent under the Planning (Hazardous Substances) Act 1990.[^f00053]
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.
8
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 1964[^f00055].
8
Works affecting a site protected under the Protection of Wrecks Acts 1973[^f00056].
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 1990[^f00057];
- (ii) an ancient monument scheduled under the Ancient Monuments and Archaeological Areas Act 1979[^f00058]; 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 1953[^f00059].
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 1981[^f00060];
- (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 1990[^f00061].
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 1964[^f00063].
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 1991[^f00064].
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 1976[^f00065].
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)[^f00066].
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
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