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

Application of written representations procedure

18.—(1) In this rule—

“statutory objector” means a person within section 11(4);

“the operative date” means the date falling 28 days after the expiry of the period for making objections specified in rule 16(1)(a) above.

(2) Subject to paragraphs (3), (4) and (5) below, rule 19 below shall apply to an objection unless not later than the operative date the Secretary of State has—

(a) given written notice in accordance with rules made under section 9 of the Tribunals and Inquiries Act 1992 that he will cause a public local inquiry to be held; or

(b) given written notice to the applicant and every objector that the objection in question will be dealt with in accordance with section 11(2); or

(c) informed an objector and the applicant that the objection falls within paragraph (a) or (b) of section 10(3); or

(d) published a notice in the London Gazette in accordance with section 9(2) identifying the application and the proposals contained therein as being in his opinion of national significance.

(3) Rule 19 below shall not apply if, not later than the operative date, a statutory objector informs the Secretary of State in writing that he wishes the objection to be referred to a public local inquiry or dealt with in accordance with section 11(2).

(4) Rule 19 below shall cease to apply to an objection if after the operative date either the Secretary of State or a statutory objector, as the case may be, takes in relation to that objection one of the steps mentioned in paragraph (2) or (3) above.

(5) Notwithstanding that one of the steps mentioned in paragraph (2) or (3) above has been taken, the Secretary of State may, with the consent of the applicant and every statutory objector, and after consulting such other persons as he thinks fit, direct that rule 19 below shall apply to an objection from the date of such direction provided that where any of the steps required to be taken under those rules have been taken before the date of such direction they shall not be taken again.