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

Publicity for application

9.—(1) The applicant shall, forthwith after the application has been made, publish in the London Gazette and, where the application relates to works of a kind referred to in section 3(1)(b), in Lloyd’s List a notice of the application, which shall state—

(a) the name of the applicant and the address given pursuant to rule 4(1) above;

(b) the name and address of the department to whose Secretary of State the application has been made;

(c) concise particulars of the provisions contained in the draft order; and

(d) the date of expiry of the period within which objections must be made.

(2) The applicant shall publish, in the newspapers prescribed by paragraph (3) below, a notice containing the information specified in paragraph (6) below, such notice to be published on 2 separate occasions, the first publication to be not more than 14 days before, and not later than, the date of the application and the second to be not more than 7 days after such date.

(3) The newspapers referred to in paragraph (2) above are—

(a) in the case of an application relating to works situated, or proposed to be carried out, in tidal waters and not lying within the boundary of a local authority, a local newspaper circulating in the area of each relevant coastal authority; and

(b) in every other case, a local newspaper circulating in each area in which the proposals contained in the application are intended to have effect.

(4) In the case of an application for an order authorising the works or other matters specified in any of the categories in column (1) of the table in Schedule 6 below, the applicant shall, forthwith after the application has been made, serve upon each person respectively named against such category in column (2) of that table a notice containing the information specified in paragraph (6) below, and every notice served under the provisions of this paragraph shall state the capacity (or, if there is more than one, the capacities) in which the recipient of the notice is served.

(5) Where the matters for which provision is made in the draft order are likely to have an impact on the environment (that is, on any of the things listed in paragraph 1(c) of Schedule 1 to these Rules) in, or in the waters adjacent to,—

(a) Scotland, Northern Ireland, the Channel Islands or the Isle of Man (hereinafter in this paragraph referred to as “the Home Territories”), or

(b) a foreign state which is a Contracting Party to the Convention on Environmen tal Impact Assessment in a Transboundary Context (the Espoo Convention)(1),

the applicant shall publish, in such national or local newspapers circulating, respectively, in the relevant part of the Home Territories or in that foreign state as the Secretary of State may direct, a notice containing the information specified in either paragraph (1) or paragraph (6) of this rule as required by that direction.

(6) The information referred to in paragraphs (2), (4) and (5) above is—

(a) the name of the applicant;

(b) the name and address of the department to whose Secretary of State the application is being or has been made;

(c) a concise summary of the matters for which provision is, or is to be, made in the draft order (including, in a case to which paragraph (7) or (8) of rule 5 applies, a statement that deemed planning permission or hazardous substances consent, as the case may be, is being applied for);

(d) where applicable, a statement that a waiver direction has been given;

(e) the names of all places, within the relevant area (or as close as reasonably possible to that area), where a copy of the application and of the documents (other than those specified in rule 5(1)( f ) and (i) above) which are required by these Rules to accompany it may be inspected free of charge at all reasonable hours during a period specified in the notice, being a period of not less than 42 days from the date of the application (or intended application); and

(f) a statement that, within the said period, any person may object to the making of the order by notice in writing given to the Secretary of State at the address of his department (which shall be specified) and stating the grounds of objection;

provided that, in the case of a notice required to be published in a local newspaper (whether in England and Wales or elsewhere), it shall not be necessary for the notice to give any information pursuant to sub-paragraph (c) or (e) above concerning a proposal contained in the application which is not relevant to the area in which such newspaper circulates.

(7) In the case of an application for an order providing for any of the matters specified in rule 5(3) above the applicant shall, forthwith after the application has been made, post a notice in the form of Form 2 in Schedule 3 below upon, or as close as reasonably practicable to, the site of any proposed works so as to be accessible to the public and, where the proposed order makes provision for a transport system or inland waterway of a linear nature overall and exceeding 5 kilometres in length, such a notice shall be posted at intervals of not more than 5 kilometres.

(8) In the case of an application for an order authorising—

(a) the extinguishment of a public right of way; or

(b) the stopping-up or diversion of a street or the restriction on the use of a street by any persons or traffic where it is proposed that such stopping-up, diversion or restriction shall be permanent or (in a case where the street is specifically named in the draft order) temporary;

the applicant shall, forthwith after the application has been made, post a notice in the form of Form 3 in Schedule 3 below, upon the street at, or as close as reasonably practicable to, each point of extinguishment, stopping-up, diversion or restriction.

(9) In the case of an application for an order providing for the discontinuance of all railway passenger or tramway services from any station, or upon any line, to which the provisions of sections 54 and 56 of the Transport Act 1962(2) apply, the applicant shall, forthwith after the application has been made, post a notice in the form of Form 4 in Schedule 3 below at every station to be closed and every station directly served by the line to be closed to passenger services.

(10) The applicant shall use his best endeavours to maintain every notice posted under the provisions of paragraphs (7), (8) and (9) above for a period of 42 days.

(11) Copies of the draft order, the memorandum referred to in rule 5(1)(b) above and the environmental statement (or such parts of it as have been submitted either with the application or subsequently) shall be made available for sale at a reasonable price as soon as reasonably practicable after the date of the application and information as to how these documents may be purchased shall be displayed at every place at which the application and the said documents are made available for inspection.

(12) Subject to the payment of a reasonable charge therefor, the applicant shall supply to any person who so requests a copy or copies of any document (other than those referred to in paragraph (11) above) required by these Rules to accompany the application.

(1)

Cm. 1645.

(2)

1962 c. 46. Section 56 was amended by the Transport Act 1968 (c. 73), sections 55(5) and 165(a) and Schedule 18, Part I; the Transport Act 1962 (Amendment) Act 1981 (c. 32), section 1(2); and the London Regional Passengers' Committee is an Area Committee by virtue of section 41(1) of the London Regional Transport Act 1984 (c. 32).