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

Explanatory Note

(This note is not part of the Rules)

These Rules replace the Transport and Works (Applications and Objections Procedure) Rules 1992. The Rules prescribe the procedures for—

• the making of applications for orders under Part I of the Transport and Works Act 1992 (“the Act”),

• proposals for orders to be made by the Secretary of State otherwise than on application, and

• the making of objections and representations relating to such applications and proposals.

They also prescribe the procedures for the handling of objections where the Secretary of State decides not to hold a public inquiry or hearing under section 11 of the Act.

The Rules include changes to implement the amendments to Council Directive 85/337/EEC (“the Directive”) on environmental impact assessment made by Council Directive 97/11/EC.

The main changes to the previous system made by the Rules are—

(a) whilst an application which falls within Annex I to the Directive will remain subject to an environmental impact assessment, for other applications (including those within Annex II to the Directive) this will not automatically be the case;

(b) a prospective applicant will be able to request the Secretary of State to determine whether the project should be subject to environmental impact assessment;

(c) before submitting an application for a project for which an environmental impact assessment is or may be required, an applicant will be able to require the Secretary of State to give an opinion as to the information to be provided in the environmental statement;

(d) where a project is likely to have significant effects on the environment in another Member State of the European Community the Secretary of State will be required to notify and consult that State and to enable it, if it wishes, to participate in the environmental assessment procedure;

(e) in the case of applications which are to be subject to an environmental impact assessment, the Secretary of State will be required to ensure that certain authorities with environmental responsibilties are given the opportunity to express their opinion on the applicant’s environmental statement and the proposal to make the order;

(f) where the proposed order would authorise the carrying-out of works comprising a project within the meaning of the Directive (as amended), the applicant will be required to serve notices of intended application upon the Secretary of State, the Environment Agency, any relevant local authority or coastal authority and, for works affecting land in, or adjacent to, or tidal waters in or adjacent to, England, the Nature Conservancy Council for England and the Countryside Agency or, for works affecting land in, or adjacent to, or tidal waters in or adjacent to Wales, the Countryside Council for Wales;

(g) where an applicant is a body corporate, it will be possible for the application to be signed by a duly authorised officer or agent of that body (previously the signatory had to be a director or the secretary);

(h) a statement of views from the relevant local planning authority will no longer have to accompany the application;

(i) in the evidence required to be submitted by the applicant after the date of the application, copies of notices in newspapers and publications will have to be included;

(j) the Secretary of State will not be able to give a waiver allowing the applicant not to comply with certain of the provisions made by the Rules that are required by the Directive;

(k) there are changes of detail to the plans and sections that are required to be submitted with the application;

(l) the charges applying to the making of an application have been revised and the maximum fee has been discontinued;

(m) specific provisions have been made by Schedule 8 for those cases in which the Secretary of State proposes to make an order without an application being made to him, under the provisions of section 7 of the Act;

(n) certain changes are made relating to the persons who are to receive copies of the application and the documents submitted with it and to those persons who are to receive notices of an application; and

(o) specific provisions are made for applications that fall to be considered by the National Assembly for Wales (essentially applications relating solely to Wales and some proposals to make orders under section 7).

A Regulatory Impact Assessment has been prepared in relation to these Rules. It has been placed in the library of each House of Parliament and copies may be obtained from the TWA Processing Unit, Department of the Environment, Transport and the Regions, Zone 3/11, Great Minster House, 76 Marsham Street, SW1P 4DR (Telephone [phone]).