The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

Made: 3rd June 2006

Laid before Parliament: 8th June 2006

Coming into force: 11th September 2006

The Secretary of State for Transport makes the following Rules in exercise of the powers conferred by sections 6, 6A, 7(3)(b) and (c) and (4) and 10 of the Transport and Works Act 1992 . In so far as these Rules relate to Wales they are made with the agreement of the National Assembly for Wales .

Citation and commencement

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• (1) These Rules may be cited as the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006.

• (2) These Rules shall come into force on 11th September 2006.

Revocation

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Subject to rule 3, the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000 (“the 2000 Rules”) are hereby revoked.

Transitional provisions

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• (1) Where an application has been made under the 2000 Rules before the date of coming into force of these Rules and the Secretary of State has not, before that date, either made an order pursuant to that application or notified the applicant that he has decided not to make such an order, the 2000 Rules shall continue to have effect in relation to that application and these Rules shall not apply in relation to it.

• (2) Where these Rules apply to an application but before the making of the application the applicant or the Secretary of State has carried out an action in pursuance of the 2000 Rules which could have been done under a corresponding provision in these Rules, that action will have effect as if it had been carried out under, or in relation to, the corresponding provision in these Rules.

Interpretation and notices

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• (1) In these Rules (unless the context otherwise requires) references to sections are references to sections of the Transport and Works Act 1992 and—

• “the 2000 Rules” means the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000;

• “the Act” means the Transport and Works Act 1992;

• “address” includes any number or address used for the purposes of electronic transmission;

• “application” means an application under section 6 and “applicant” means a person making, or proposing to make, an application;

• “banks” in relation to an inland waterway referred to in a category in Schedule 5 or 6 to these Rules has the meaning given in section 72(1) of the Land Drainage Act 1991 ;

• “bridleway” has the same meaning as in the Highways Act 1980 ;

• “byway” means a way shown and described as a byway open to all traffic or a road used as a public path in a definitive map and statement, as defined in section 53(1) of the Wildlife and Countryside Act 1981 ;

• “Crown interest” means a Crown or Duchy interest within the meaning of section 25(2);

• “cycle track” has the same meaning as in the Highways Act 1980;

• “the Directive” means Directive 2011/92/EU of the European Parliament and of the Council of 13th December 2011 on the assessment of the effects of certain public and private projects on the environment;

• “documents” includes photographs, drawings, maps and plans;

• “electronic transmission” means a communication transmitted—by means of an electronic communications network; orby other means, but while in electronic form;

• “environmental impact assessment” means the process referred to in rule 7A;

• “environmental statement” means a statement—which is required by virtue of these Rules—to accompany an application for an order under section 6; orto be prepared in connection with the publication of a notice of a proposal to make an order by virtue of section 7; andwhich includes the information referred to in rule 11(1);

• “expiry date for objections” means the date, being a date not less than 42 days after the date on which the application in question is made, which the applicant specifies in the notice published pursuant to rule 14(1) as the final date for making objections and other representations;

• “footpath” has the same meaning as in the Highways Act 1980;

• “highway” has the same meaning as in the Highways Act 1980;

• “in writing” includes electronic transmission;

• “local authority” means a county council, a district council, (in Wales) a county borough council, a London borough council, the Common Council of the City of London, the Council of the Isles of Scilly, Transport for London and a Passenger Transport Executive;

• “local planning authority” means a local planning authority within the meaning of Part 1 of the Planning Act ;

• “objection” has the meaning given by rule 21 and “objector” shall be construed accordingly;

• “occupier” includes—a statutory undertaker (not being an owner) having a right to keep equipment on, in or over land; anda person having the right to construct or maintain, at a specific position on an inland waterway, a mooring post, gangway, landing stage or other erection or installation for a vessel (not being anything which when not in use is normally carried on the vessel);

• “operative date” means the date falling 28 days after the expiry date for objections or such later date as the Secretary of State may specify;

• “operator”—in relation to a transport system, means any person carrying on an undertaking which includes the system, or any part of it, or the provision of transport services on the system; andin relation to an inland waterway, means a navigation authority and, if different, the conservancy authority within the meaning of section 221(1) of the Water Resources Act 1991 ;

• “owner”, in relation to land, has the same meaning as in the Acquisition of Land Act 1981 ;

• “pipe-line owner” means—any person in whom a pipe-line within the meaning of section 65 of the Pipe-lines Act 1962 is vested; andany person—designated as the owner of a controlled pipeline, within the meaning of section 14(2) of the Petroleum Act 1998 , by an order made by the Secretary of State under section 27 of that Act; orwho is entitled to operate any such controlled pipeline in relation to which no such order has been made;

• “the Planning Act” means the Town and Country Planning Act 1990 ;

• “public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003 ;

• “relevant coastal authority” means, in relation to works situated, or proposed to be carried out, in tidal waters which do not lie within the boundary of the area of a local authority in England or Wales—every local planning authority whose area has a boundary which lies within 15 kilometres of any point on the works; orwhere there is no such local planning authority, the local planning authority with the area boundary closest to the works;

• “river” means any river (including any part of a river which is tidal or which has been canalised), lake, stream, ditch, culvert, drain, sluice, weir or any other passage by which water drains, but does not include—a canal or inland navigation which is not a canalised part of a river;any part of the river Tweed (as defined in section 6(8) of the Environment Act 1995 );any part of the river Esk or river Sark at a point where either of the banks of the river is in Scotland;any part of any tributary stream of the river Esk or river Sark at a point where either bank of such tributary stream is in Scotland; ora public sewer or a sewer or pipe used primarily for the drainage of a building or any premises appurtenant to a building, or of a street;

• “scoping opinion” has the meaning given in rule 8(1);

• “screening decision” has the meaning given in rule 7(4);

• “statutory undertaker” means—any person authorised by an enactment to carry on a railway, tramway, trolley vehicle, guided transport, road transport, water transport, canal, inland navigation, harbour, pier, lighthouse, electricity supply, hydraulic power, sewerage or water undertaking;a pipe-line owner;a public communications provider;a universal service provider in connection with the provision of a universal postal service;the British Airports Authority ;the Civil Aviation Authority;a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence); anda gas transporter within the meaning of Part 1 of the Gas Act 1986 ;

• “street authority” and “street managers” have the meanings given in sections 49(1) and 49(4) respectively of the New Roads and Street Works Act 1991 ;

• “tidal waters” means such part of—the territorial sea adjacent to the United Kingdom; andthe internal waters of the United Kingdom in so far as they are tidal or constitute part of the sea,

• as lie within the English area (within the meaning of article 1(2) of the Civil Jurisdiction (Offshore Activities) Order 1987 );

• “transport system” means a railway, tramway or trolley vehicle system or a system using a mode of guided transport prescribed by an order made under section 2;

• “the Trinity House” has the meaning given in section 223 of the Merchant Shipping Act 1995 ;

• “universal service provider” has the same meaning as in Part 3 of the Postal Services Act 2011 and references to the provision of a universal postal service shall be construed in accordance with that Part;

• “works” means any works that may be authorised by an order made under section 1, 3 or 7 but in rules 7, 8, 11 and 16, and in paragraphs 4 to 6, 9, 14(f), 29 and 30 of Schedule 7 to these Rules, shall also include any matter that may be authorised by such an order; and

• “works affecting”, in relation to any land, means works proposed to be carried out in, on, over or adjacent to that land.

• (2) Where these Rules require that notice be served, published or displayed in a prescribed form the notice shall be served, published or displayed (as the case may be), duly completed—

• (a) in that form;

• (b) in a version of that form adapted to meet the circumstances of the particular case; or

• (c) in a form which has substantially the same effect as that form (whether the form is adapted or not),

and, except where these Rules require that the notice in question be published in a newspaper, duly signed by or on behalf of the person required to give the notice.

• (3) A notice published pursuant to rule 14(2) and (3) or to paragraph 8 or 12 of Schedule 7 to these Rules in a local newspaper circulating in Wales shall be expressed in Welsh as well as in English.

• (4) For the purposes of these Rules information is sufficiently published on a website maintained by or on behalf of the Secretary of State if such information is accessible via that website from another website where it is published.

• (5) For the purposes of these Rules, references to Annex III of the Directive are to be read as if—

• (a) in point 2(c)(v), the reference to Member States were a reference to the Secretary of State;

• (b) in point 2(c)(vi), the reference to Union legislation were a reference to assimilated law.

Pre-application draft order and explanatory memorandum

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• (1) The applicant shall send to the Secretary of State not later than 28 days before making an application—

• (a) a draft of the proposed order; and

• (b) a draft of the explanatory memorandum,

that the applicant intends to submit in pursuance of rule 10(2).

• (2) Where an applicant has sent drafts to the Secretary of State in accordance with the provisions of paragraph (1), but subsequently amends any of those drafts, he shall not be required to send any amended drafts to the Secretary of State before making an application unless the applicant is of the opinion that the changes to the draft substantially alter the nature or effect of the proposed order.

Provision of environmental information

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Where an applicant at any time serves notice on any of those named in column (2) of the table in Schedule 5 to these Rules which is not a public authority within the meaning of regulation 2(2) of the Environmental Information Regulations 2004 that for the purposes of the proposed application he wishes to be provided with environmental information—

• (a) the recipient of the notice so served, if so requested in writing by the applicant and subject to the recipient being reimbursed the reasonable cost of so doing, shall provide to the applicant any information which the recipient has and which either the recipient or the applicant considers relevant to a screening decision (if that decision has not yet been made) or to the preparation of an environmental statement; and

• (b) in the event of the recipient failing to provide such information before the end of the period of 28 days beginning with the date of such request the Secretary of State may (upon being requested to do so by the applicant) direct the recipient to provide the information and the recipient shall, upon receipt of such a direction, provide the information forthwith.

The requirement for environmental statement and screening decisions

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• (1) Except where the Secretary of State has issued a direction pursuant to paragraph (3), an applicant shall when making an application submit an applicant’s environmental statement with that application in relation to any proposed works which are to be covered by that application, if those works constitute a project which is of a type mentioned in Annex I or, subject to paragraph (2), Annex II to the Directive.

• (2) Where the proposed works constitute a project of a type mentioned in Annex II to the Directive an applicant is not required to submit an applicant’s environmental statement if the Secretary of State has, under paragraph (13), notified the applicant that an environmental impact assessment is not required in relation to those works.

• (3) Where the proposed works comprise or form part of a project serving national defence as its sole purpose, or comprise a project having the response to a civil emergency as its sole purpose, and the Secretary of State considers that the carrying out of an environmental impact assessment of the works would have an adverse effect on that purpose he may direct that an environmental impact assessment of the works is not required and that rule 16 does not apply.

• (4) Before making an application (other than an application relating to works constituting a project which is of a type mentioned in Annex I to the Directive), an applicant may make a request in writing to the Secretary of State for a decision as to whether or not an environmental impact assessment of the proposed works covered by the application is required (“a screening decision”).

• (5) An applicant making a request for a screening decision under paragraph (4) shall, taking into account where relevant the available results of other environmental assessments required under assimilated law (other than legislation which implemented the requirements of the Directive), provide the following information—

• (a) a plan sufficient to identify the land affected by the works in question;

• (b) a description of the proposed works, including in particular—

• (i) a description of the physical characteristics of the works and, where relevant, of demolition works; and

• (ii) a description of the location of the works, with particular regard to the environmental sensitivity of geographical areas likely to be affected;

• (c) a description of aspects of the environment likely to be significantly affected by the works; and

• (d) to the extent the information is available, a description of any likely significant effects of the works on the environment resulting from—

• (i) the expected residues and emissions and the production of waste, where relevant; and

• (ii) the use of natural resources, in particular soil, land, water and biodiversity.

• (5A) An applicant making a request for a screening decision under paragraph (4) may also provide a description of any features of the proposed works or any measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

• (6) If the Secretary of State considers that the information provided by an applicant in or with a request made under paragraph (4) is insufficient to enable him to make a screening decision he shall, not later than 28 days after receiving the request, notify the applicant in writing of the additional information that he considers he requires in order to make that decision.

• (7) On receiving notification under paragraph (6), the applicant shall provide the Secretary of State with such of the additional information specified in that notification as the applicant is reasonably able to supply and, where any of the additional information so specified is not provided, a written explanation as to why the applicant is unable to provide the information.

• (8) The Secretary of State shall not give a screening decision in response to a request under paragraph (4) until he has given notice of the request to, and invited the views of, the following bodies—

• (a) every local planning authority in whose area the works would be carried out, were the order for which the applicant proposes to apply to be made, or the relevant coastal authority (as the case may be);

• (b) where the proposals relate to a project within tidal waters and would require a licence under Part 4 of the Marine and Coastal Access Act 2009, the appropriate licensing authority within the meaning of section 113 of that Act;

• (c) the Environment Agency ;

• (d) the Countryside Agency and English Nature for a proposal affecting land in or adjacent to, or tidal waters in or adjacent to, England;

• (e) the Countryside Council for Wales for a proposal affecting land in or adjacent to, or tidal waters in or adjacent to, Wales; and

• (f) any other body which is designated by statutory provision, or by the Secretary of State on a case-by-case basis, as having specific environmental responsibilities or local or regional competencies and which the Secretary of State considers is likely to have an interest in the application.