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The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000

Type Statutory-Instrument

Publication 2000-08-10

Last updated 2006-09-11

State In force

Department King's Printer of Acts of Parliament

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Purpose	Amount £
A. General	A. General
1.Surveying, drilling and soil sampling.	1.Surveying, drilling and soil sampling.
2.Acquisition of land and rights over land.	2.Acquisition of land and rights over land.
3.Earthworks (including land reclamation and landscaping).	3.Earthworks (including land reclamation and landscaping).
4.Fees of professional and other advisers, in connection with the implementation of the project once authorised.	4.Fees of professional and other advisers, in connection with the implementation of the project once authorised.
B. Transport systems	B. Transport systems
1.Tunnels and bridges.	1.Tunnels and bridges.
2.Highway works, including alterations to and relocation of existing services and statutory undertakers’ apparatus.	2.Highway works, including alterations to and relocation of existing services and statutory undertakers’ apparatus.
3.Permanent way or other supporting/guiding structures.	3.Permanent way or other supporting/guiding structures.
4.Workshops, depots, stations and other buildings.	4.Workshops, depots, stations and other buildings.
5.Electrical plant and equipment.	5.Electrical plant and equipment.
6.Signalling and communications.	6.Signalling and communications.
7.Vehicles.	7.Vehicles.
8.Alteration, modification and removal of existing works.	8.Alteration, modification and removal of existing works.
9.Other major items (to be specified).	9.Other major items (to be specified).
C. Inland waterways	C. Inland waterways
1.Tunnels, bridges and aqueducts.	1.Tunnels, bridges and aqueducts.
2.Canals, pounds and locks.	2.Canals, pounds and locks.
3.Reservoirs, sluices, spillways and culverts.	3.Reservoirs, sluices, spillways and culverts.
4.Wharves and other moorings.	4.Wharves and other moorings.
5.Diversion, alteration, modification and abandonment of existing waterways.	5.Diversion, alteration, modification and abandonment of existing waterways.
6.Other major items (to be specified).	6.Other major items (to be specified).
D. Works which interfere with rights of navigation	D. Works which interfere with rights of navigation
1.The principal components of each description of works prescribed by an order made under section 4.	1.The principal components of each description of works prescribed by an order made under section 4.
2.Plant, equipment and ancillary works required in connection with such works.	2.Plant, equipment and ancillary works required in connection with such works.
3.Other major items (to be specified).	3.Other major items (to be specified).
(1)	(2)
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Authority sought for:—	Documents to be deposited with:—
1.Works affecting the foreshore below mean high water spring tides, or tidal waters, or the bed of, or the subsoil beneath, tidal waters.	1.The Crown Estate Commissioners; the Trinity House; the Environment Agency and 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 Environment Agency and any relevant operator.
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, the Inland Waterways Amenity Advisory Council, the Inland Waterways Association, the National Association of Boat Owners and the Environment Agency.
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, the Environment Agency, the Inland Waterways Association and the National Association of Boat Owners.
5.Works causing or likely to cause an obstruction to the passage of fish in a river.	5.The Environment Agency and, for works—(a)in England, the Minister of Agriculture, Fisheries and Food; and(b)in Wales, the National Assembly for Wales.
6.Works involving tunnelling or excavation deeper than 3 metres below the surface of the land, other than for piling or making soil tests.	6.The Environment Agency.
7.Works affecting an area under the control of a harbour authority as defined in section 57(1) of the Harbours Act 1964 .	7.The relevant harbour authority and the relevant navigation authority (if different).
8.Works affecting a site protected under the Protection of Wrecks Acts 1973 .	8.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.
9.Works affecting, or involving the stopping-up or diversion of, a street, or affecting a proposed highway.	9.The relevant highway authority or, where the street is not a highway maintainable at the public expense, the street managers.
10.The stopping-up or diversion of a footpath, a bridleway, a byway or a cycle track.	10.Every parish or community council in whose area the relevant way or track is, or is proposed to be, situated, the Auto-Cycle Union, the British Horse Society, the Byways and Bridleways Trust, the Open Spaces Society, the Ramblers’ Association, the British Driving Society and the Cyclists Touring Club; and, for works—(a)in the counties of Cheshire, Derbyshire, Greater Manchester, Lancashire, Merseyside, South Yorkshire, Staffordshire and West Yorkshire, the Peak and Northern Footpaths Society; and(b)in the county of Bedfordshire, the borough of Luton and within the district of Mid Bedfordshire the parishes of Harlington and Shillington, and within the district of South Bedfordshire the parishes of Barton le Clay, Caddington and Slip End, Dunstable, Eaton Bray, Houghton Regis, Hyde, Kensworth, Streatley, Studham, Sundon, Toddington, Totternhoe and Whipsnade, the Chiltern Society; and(c)in the county of Buckinghamshire, in the districts of Chiltern, Wycombe and South Bucks, and within the district of Aylesbury Vale the parishes of Aston Clinton, Buckland, Drayton Beauchamp, Edlesborough Northall and Dagnall, Halton, Ivinghoe, Marsworth, Pitstone, Wendover and Weston Turville, the Chiltern Society; and(d)in the county of Hertfordshire, in the districts of Dacorum and Three Rivers, and within the district of North Hertfordshire the parishes of Hexton, Hitchin, Ickleford, Ippolitts, Kings Walden, Langley, Lilley, Offley, Pirton, Preston and St. Paul’s Walden, the Chiltern Society; and(e)in the county of Oxfordshire, the district of South Oxfordshire, The Chiltern Society; and(f)in Wales, the Welsh Trail Riders’ Association.
11.The construction of a transport system involving the placing of equipment in or over a street.	11.The relevant street authority and, where the works are to be carried out in Greater London, Transport for London.
12.Works affecting land in, on or over which is installed the apparatus, equipment or street furniture of a statutory undertaker.	12.The revelant 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.	13.The Coal Authority.
14.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 ; or(iii)any archaeological site.	14. (i), (ii) and (iii).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.
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.	15. (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.
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 .	16.For works—(a)in England, the Historic Buildings and Monuments Commission for England; and(b)in Wales, the National Assembly for Wales.
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 ;(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.	17. (i), (ii), (iii) and (iv).For works—(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.For works—(a)in England, the Countryside Agency; and(b)in Wales, the Countryside Council for Wales.
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.	19.The Secretary of State for Culture, Media and Sport.
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.	20.The Environment Agency.
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:—(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.	22. (i) and (ii).For works—(a)in England, the Minister of Agriculture, Fisheries and Food; and(b)in Wales, the National Assembly for Wales.
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.	23.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.
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.	24.The Director of Passenger Rail Franchising, and the Rail Regulator.
25.The right for a person providing transport services to use a transport system belonging to another.	25.The operator of the relevant transport system.
26.Works affecting land in which there is a Crown interest.	26.The appropriate authority for the land, within the meaning of section 25(3).
27.Works to be carried out in Greater London.	27.The Mayor of London.
(1)	(2)
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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 subsoil beneath, tidal waters (except where the land affected by the works falls within category 17 of Schedule 5 to these Rules).	1.For works—(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.The Crown Estate Commissioners; and (except where the land affected falls within category 17 of Schedule 5 to these Rules) for works—(a)in England, the Nature Conservancy Council for England; and(b)in Wales, the Countryside Council for Wales.
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.	3.Any organisation (other than the Inland Waterways Association and the National Association of Boat Owners) upon which the Secretary of State has required the applicant to serve notice, as appearing to the Secretary of State to represent a substantial number of persons using the inland waterway, canal or inland navigation in question; and (except where the land affected falls within category 17 of Schedule 5 to these Rules) for works—(a)in England, the Nature Conservancy Council for England; and(b)in Wales, the Countryside Council for Wales.
4.Works affecting an area under the control of a harbour authority as defined in section 57(1) of the Harbours Act 1964 .	4.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.
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 .	5.The Environment Agency.
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.	6. (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.
7.The construction of a transport system involving the placing of equipment in or over a street (except a level crossing).	7.Owners and occupiers of all buildings which have a frontage on, or a private means of access which, first meets the highway at the part of the street in or over which equipment is to be placed.
8.Works affecting any land on which there is a theatre as defined in the Theatres Trust Act 1976 .	8.The Theatres Trust.
9.The right to attach to a building any equipment required in connection with a tramway, trolley vehicle system or other guided transport system.	9.Every owner and occupier of the building.
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.	10.Every operator affected or likely to be affected thereby.
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.	11.The person upon whom such protection or benefit is conferred, or the person currently entitled to that protection or benefit.
12.The compulsory purchase of ecclesiastical property (as defined in section 12(3) of the Acquisition of Land Act 1981) .	12.The Church Commissoners.
13.Works in Greater London or a metropolitan county.	13.The relevant Fire and Civil Defence Authority within the meaning of Part IV of the Local Government Act 1985 , and the relevant Police Authority within the meaning of Part I of the Police Act 1964 and Part IV of the Local Government Act 1985.
14.The right to monitor, survey or investigate land (including any right to make trial holes in land).	14.Every owner and occupier of the land, other than an owner or occupier named in the book of reference as having an interest or right in or over that land.
15.Works or traffic management measures that would affect services provided by a universal service provider in connection with the provision of a universal postal service and relating to the delivery or collection of letters.	15. Every universal service provider affected.
16.Works in an area of coal working notified to the local planning authority by the British Coal Corporation or the Coal Authority.	16.The holder of the current licence under section 36(ii) of the Coal Industry Nationalisation Act 1946 or under Part II of the Coal Industry Act 1994 .
(1)	(2)
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Subject-matter of application	Fee
1.Construction of a transport system or inland waterway which would involve any compulsory acquisition of land but would not involve any interference with rights of navigation.	1.For the first hectare or part hectare of the proposed works, £6,000.For the next 49 hectares, £1,000 per hectare or part hectare.For the next 50 hectares, £500 per hectare or part hectare.For any additional area, £250 per hectare or part hectare.
2.Construction of a transport system or inland waterway which would not require the compulsory acquisition of land and not interefere with rights of navigation.	2.For the first hectare or part hectare of the proposed works, £4,000.For the next 49 hectares, £500 per hectare or part hectare.For any additional area, £100 per hectare or part hectare.
3.Construction of works any part of which would involve interference with rights of navigation, being of a description prescribed under section 4.	3.(A)Where the works to be constructed would not form part of a transport system or , an inland waterway or a wind farm— for the first hectare or part hectare of the proposed works, £8,000;for the next 49 hectares, £1,500 per hectare or part hectare;for the next 50 hectares, £750 per hectare or part hectare; andfor any additonal area, £375 per hectare or part hectare.(B)Where the works to be constructed include works which would form part of a transport system or an inland waterway—for works which would interfere with rights of navigation, as in column (2) of paragraph (A) above; andfor other works, as in column (2) of paragraph 1 or 2, as applicable, above. (C) Where the works to be constructed would form part of a wind farm—for a wind farm comprising up to 30 wind turbines, £20,000; andfor a wind farm comprising 31 or more wind turbines, £20,000 for the first 30 wind turbines plus £500 for each additional wind turbine.
4.Provision for the transfer of an undertaking.	4.£1,500.
5.Provision for any matter other than those described above.	5.£3,500.

Editorial notes

Rules revoked (11.9.2006) by The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466), rule 2 (with rule 3)

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