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

Rules 12(7)(d) and 20

SCHEDULE 7 E+W+S FEES

PART I E+W+S TABLE OF FEES

(1)	(2)
Subject-matter of application	Fee
1.Construction of a transport system or inland waterway which would involve any compulsory acquisition of land but would not involve any interference with rights of navigation.	1.For the first hectare or part hectare of the proposed works, £6,000. For the next 49 hectares, £1,000 per hectare or part hectare. For the next 50 hectares, £500 per hectare or part hectare. For any additional area, £250 per hectare or part hectare.
2.Construction of a transport system or inland waterway which would not require the compulsory acquisition of land and not interefere with rights of navigation.	2.For the first hectare or part hectare of the proposed works, £4,000. For the next 49 hectares, £500 per hectare or part hectare. For any additional area, £100 per hectare or part hectare.
3.Construction of works any part of which would involve interference with rights of navigation, being of a description prescribed under section 4.	3. (A)Where the works to be constructed would not form part of a transport system or [F1 , an inland waterway or a wind farm—] for the first hectare or part hectare of the proposed works, £8,000; for the next 49 hectares, £1,500 per hectare or part hectare; for the next 50 hectares, £750 per hectare or part hectare; and for any additonal area, £375 per hectare or part hectare. (B)Where the works to be constructed include works which would form part of a transport system or an inland waterway— for works which would interfere with rights of navigation, as in column (2) of paragraph (A) above; and for other works, as in column (2) of paragraph 1 or 2, as applicable, above. [F2 (C) Where the works to be constructed would form part of a wind farm— for a wind farm comprising up to 30 wind turbines, £20,000; and for a wind farm comprising 31 or more wind turbines, £20,000 for the first 30 wind turbines plus £500 for each additional wind turbine.]
4.Provision for the transfer of an undertaking.	4.£1,500.
5.Provision for any matter other than those described above.	5.£3,500.

Textual Amendments

F1 Words in Sch. 7 Pt. I substituted (22.8.2002) by The Transport and Works (Applications and Objections Procedure) (England and Wales) (Amendment) Rules 2002 (S.I. 2002/1965), arts. 1, 3(a)

F2 Words in Sch. 7 Pt. I inserted (22.8.2002) by The Transport and Works (Applications and Objections Procedure) (England and Wales) (Amendment) Rules 2002 (S.I. 2002/1965), arts. 1, 3(b)

PART II E+W+S CALCULATION OF FEES

1.  In this Schedule, except where the context otherwise requires— E+W+S

• “compulsory acquisition of land" includes the compulsory extinguishment of easements and other private rights over land (including private rights of navigation over water) and the acquisition of rights to place equipment in a street, to use land, or carry out protective works to a building;

• “proposal" means—

  (a)

  in relation to proposed works—

  (i)

  a single work or works forming an integral whole, or

  (ii)

  a works project consisting of two or more interdependent parts directed at the same purpose; and

  (b)

  in relation to any other provision of a draft order—

  (i)

  a provision not reliant upon any other provision (other than an interpretative or other general provision) for its force and effect, or

  (ii)

  two or more interdependent provisions directed at the same purpose;

  and references to the number of hectares of the proposed works relate to—

  (a)

  the aggregate area of the land contained within the limits of deviation shown on the plans deposited with the application within which it is intended that the proposed works (or part of them) shall be constructed; or

  (b)

  where no such limits are shown, the aggregate area contained within the boundaries of the land shown on such plans and upon which it is intended that the proposed works (or part of them) shall be constructed.

• [F3 “wind farm” means an electricity generating station driven by wind; and

• “wind turbine” means a turbine driven by wind;]

Textual Amendments

F3 Words in Sch. 7 Pt. II inserted (22.8.2002) by The Transport and Works (Applications and Objections Procedure) (England and Wales) (Amendment) Rules 2002 (S.I. 2002/1965), arts. 1, 4

2.  A fee specified in the table in Part I of this Schedule is payable in respect of each proposal in a draft order to which that fee applies. E+W+S

3.  A fee paid under categories 1 to 3 of Part I of this Schedule shall cover provisions which are ancillary to the proposed works, such as a power to operate them as a railway or to transfer the undertaking, and no additional fee shall be payable in relation to those ancillary provisions. E+W+S