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

Preliminary consultation and notification

3.—(1) An applicant shall, before making an application for an order authorising the carrying out of any works or the change of use of any land, consult every local planning authority having responsibility for the area or areas in which the proposed works or change of use are to be carried out for the purpose of obtaining the statement of views referred to in rule 5(6) below and, in the event of a local planning authority failing to provide such a statement within 42 days of the applicant making a written request therefor, the Secretary of State may (upon being requested to do so by the applicant) direct that local authority to supply such a statement.

(2) Where an applicant proposes to make an application for an order which, if made, would authorise the works or make provision for the matters specified in any of the categories in column (1) of the table in Schedule 2 below, the applicant shall, not later than 28 days before making an application, serve upon each person named against such category in column (2) of that table a notice in the form of Form 1 in Schedule 3 below.

(3) Save where an absolute waiver direction has been given under rule 6 below, the applicant shall, not later than 28 days before making an application, serve a notice in the form of Form 1 in Schedule 3 below upon—

(a) every local authority in whose area a transport system, inland waterway or other works to which the proposed application relates are, or are to be, situated or every relevant coastal authority, as the case may be;

(b) in the case of an application affecting land or tidal waters in, or adjacent to, England, the Nature Conservancy Council for England and the Countryside Commission; and

(c) in the case of an application affecting land or tidal waters in, or adjacent to, Wales, the Countryside Council for Wales.