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

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Rule 3(2)

SCHEDULE 2PERSONS TO BE SERVED WITH NOTICE OF INTENDED APPLICATION

(1) Authority sought in order:—(2) Persons to be served:—

1.  Works affecting the foreshore below mean high water spring tides, tidal waters, or the bed of, or the subsoil beneath tidal waters.

1.—(a) In or adjacent to England or Wales, the Crown Estate Commissioners and the National Rivers Authority; and

(b)In or adjacent to England, the Minister of Agriculture, Fisheries and Food; and

(c)In or adjacent to Wales, the Secretary of State for Wales; and

(d)In or adjacent to the counties of Devon and Cornwall and the Isles of Scilly, the Duchy of Cornwall; and

(e)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.—(a) In or adjacent to England or Wales, the National Rivers Authority, the Crown Estate Commissioners, each operator; and

(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.

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 (unless the Board is the applicant), the Inland Waterways Amenity Advisory Council and the National Rivers Authority.

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.  The relevant operator; and the National Rivers Authority.

5.  Works causing or likely to cause an obstruction to the passage of fish in a river.

5.—(a) In England, the Minister of Agriculture, Fisheries and Food; and

(b)In Wales, the Secretary of State 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 National Rivers Authority.

7.  Works affecting an area under the control of a harbour authority as defined in section 57(1) of the Harbours Act 1964(1).

7.  The relevant harbour authority and the relevant navigation authority (if different).

8.  Works affecting a site protected under the Protection of Wrecks Act 1973(2).

8.—(a) In or adjacent to England, the Secretary of State for National Heritage; and

(b)In or adjacent to Wales, the Secretary of State for Wales.

9.  Works affecting, or involving the stopping up or diversion of, a street, or affecting a proposed highway.

9.—(a) The relevant highway authority; and

(b)Where the street is not a highway maintainable at the public expense, the street managers within the meaning of section 49(4) of the New Roads and Street Works Act 1991(3).

10.  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.

(i)

(a)(10)—(a) In England, the Secretary of State for Transport; and

(b)In Wales, the Secretary of State for Wales.

(ii)The relevant highway authority.

11.  The construction of a transport system involving the placing of equipment in or over a street.

11.—(a) The relevant street authority within the meaning of section 49(1) of the New Roads and Street Works Act 1991; and

(b)In Greater London alone, the Traffic Director for London.

12.  Works affecting land in, on or over which is laid the apparatus of a statutory undertaker.

12.  The relevant statutory undertaker.

13.  Works in an area of coal working notified to the local planning authority by the British Coal Corporation.

13.  The British Coal Corporation.

14.  Works affecting:

(a)a building listed under Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990(4); or

(b)an ancient monument scheduled under the Ancient Monuments and Archaeological Areas Act 1979(5).

14.—(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 Secretary of State for Wales (Cadw) and the Royal Commission on Ancient and Historical Monuments in Wales.

15.  Works affecting:

(a)a conservation area designated under Part II of the Planning (Listed Buildings and Conservation Areas) Act 1990; or

(b)an area of archaeological importance designated under section 33 of the Ancient Monuments and Archaeological Areas Act 1979.

15.—(a) In England, the Historic Buildings and Monuments Commission for England; and

(b)In Wales, the Secretary of State for Wales (Cadw).

16.  Works affecting a garden or other land of historic interest registered pursuant to section 8C of the Historic Buildings and Monuments Act 1953(6)

16.—(a) In England, the Historic Buildings and Monuments Commission for England; and

(b)In Wales, the Secretary of State for Wales (Cadw).

17.  Works which are either:

(a)within 3 kilometres of Windsor Castle, Windsor Great Park or Windsor Home Park; or

(b)within 800 metres of any other royal palace or royal park and which are likely to affect the amenity or security thereof.

17.  The Secretary of State for National Heritage.

18.  Works affecting any land on which there is a theatre as defined in the Theatres Trust Act 1976(7).

18.  The Theatres Trust.

19.  Works in Greater London or the metropolitan counties of Greater Manchester and Merseyside which are within 250 metres of land which:

(a)is, or has been within 30 years immediately prior to the date of the notice given under rule 3(2), used for the deposit of refuse or waste; or

(b)has been notified to the local planning authority by the waste regulation or disposal authority for the relevant area.

19.  The waste regulation or disposal authority constituted by the Waste Regulation and Disposal (Authorities) Order 1985(8)

20.  The carrying out of an operation requiring hazardous substances consent under the Planning (Hazardous Substances) Act 1990.

20.  The hazardous substances authority as defined in that Act and the Health and Safety Executive.

21.  Works not in accordance with a development plan and which either:

(a)involve the loss of not less than 20 hectares of agricultural land of grades 1, 2 and 3a (in aggregate); or

(b)taken with other associated works cumulatively involve the loss of not less than 20 hectares of such land.

21.—(a) In England, the Minister of Agriculture, Fisheries and Food; and

(b)In Wales, the Secretary of State for Wales.

22.  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.

22.  Her Majesty’s Railway Inspectorate.

23.  To discontinue all railway passenger or tramway services from any railway station or line to which the provisions of sections 54 and 56 of the Transport Act 1962 apply.

23.  Every relevant Area Committee (as defined in section 56(1) of the Transport Act 1962) or the London Regional Passengers' Committee as the case may be.

(6)

1953 c. 49. Section 8C was inserted by the National Heritage Act 1983 (c. 47), section 33 and Schedule 4, paragraph 10.

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