The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

Documents accompanying application E+W+S

10.—F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The applicant shall submit with the application [F2 a copy] of each of the following documents—

(a) a draft of the proposed order;

(b) an explanatory memorandum that explains the purpose and effect of each article and schedule in the draft order;

(c) a concise statement of the aims of the proposals to which the application relates;

(d) a report summarising the consultations that have been undertaken, including confirmation that the applicant has consulted all those named in column (2) of the tables in Schedules 5 and 6 to these Rules where authority is sought for works or other matters described in column (1) of those tables, or if not, an explanation of why not;

(e) if the applicant is not an individual or a company regulated by the Companies Act 1985 M1 , a declaration as to the status of the applicant;

(f) a list of all consents, permissions or licences required under other enactments for the purposes of the powers sought in the application, which at the date of the application are being sought or which have been obtained or refused, specifying for each relevant consent, permission or licence—

(i) from whom the consent, permission or licence is or was required;

(ii) the date of the application, or of the grant or refusal of the consent, permission or licence (as the case may be); and

(iii) the reference number (if any) of the application;

(g) any screening decision made or direction given by the Secretary of State under rule 7, any scoping opinion given by him under rule 8 and, in a case where the proposed works are to be subject to an environmental impact assessment, the [F3 applicant’s environmental statement]; and

(h) any direction given under rule 18.

(3) When making an application for an order the applicant shall submit with the application—

(a) the applicant's proposals for funding the cost of implementing the order, and in particular, for funding the cost of acquiring land which is blighted within the meaning of section 149 of the Planning Act; and

(b) where the application is for an order containing proposals to carry out works—

(i) the plans and sections described in paragraphs (1) and (3) of rule 12; and

(ii) an estimate of the cost of carrying out the works provided for in the proposed order, which shall be in the form set out in Schedule 3 to these Rules or as nearly in that form as circumstances permit.

(4) Subject to paragraph (5), in the case of an application for an order authorising the compulsory acquisition of land, or the right to use land, or to carry out protective works to buildings, or the compulsory extinguishment of easements and other private rights over land (including private rights of navigation over water), the applicant shall submit with the application the plan and the book of reference respectively described in paragraphs (5) and (8) of rule 12.

(5) In the case of an application for an order providing for the extinguishment or diversion of rights of way over a footpath, bridleway, cycle track or byway, the applicant shall submit with the application a map of a scale not smaller than 1:2500 on which the path, way or track concerned, and, in the case of a diversion, the new path, way or track, is clearly delineated.

(6) Where the applicant seeks a direction from the Secretary of State under section 90(2A) of the Planning Act M2 that planning permission shall be deemed to be granted for the development provided for in the proposed order, he shall submit with the application—

(a) a request in writing specifying the development for which the direction for such permission is sought;

(b) a statement of any proposed planning conditions;

(c) a statement of any matters which are intended to be reserved for subsequent approval by the local planning authority;

(d) in respect of those matters not intended to be reserved for subsequent approval by the local planning authority, such further documents as have not otherwise been submitted with the application and which are necessary to support the request for the direction.

(7) Where the applicant seeks a direction from the Secretary of State under section 12(2A) of the Planning (Hazardous Substances) Act 1990 M3 that hazardous substances consent shall be deemed to be granted, he shall submit with the application—

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the information and documentation specified [F5 regulation 5(1)(c), 5(1)(d), 5(2)(c) to (h) and 5(3)(c) to (g) of the Planning (Hazardous Substances) Regulations 2015] as the case may require.

(8) As soon as practicable after the date of an application, the applicant shall submit to the Secretary of State evidence by affidavit of compliance with the provisions of rules 13, 14(1) to (8) and 15, and shall exhibit to any such affidavit copies of notices placed in newspapers and the London Gazette (and Lloyd's List if applicable) in accordance with rule 14.

(9) Where the Secretary of State is of the opinion that any of the information submitted pursuant to this rule, other than the [F6 applicant’s environmental statement], is not adequate for its purpose he may within 28 days of receipt of an application—

(a) direct the applicant to provide further information; and

(b) where he makes such a direction he may require the applicant to comply with any of the provisions of rules 13 and 14 in respect of the further information required.

Textual Amendments

F1 Rule 10(1) omitted (11.8.2023) by virtue of The Transport and Works (Applications, Objections and Inquiries Procedure) (Amendment) (England and Wales) Rules 2023 (S.I. 2023/795), rules 1(1), 3(2)(a) (with rule 1(5))

F2 Words in rule 10(2) substituted (11.8.2023) by The Transport and Works (Applications, Objections and Inquiries Procedure) (Amendment) (England and Wales) Rules 2023 (S.I. 2023/795), rules 1(1), 3(2)(b) (with rule 1(5))

F3 Words in rule 10(2)(g) substituted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 4 para. 3 (with Sch. 6 para. 9)

F4 Rule 10(7)(a) omitted (1.6.2015) by virtue of The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), reg. 1(1), Sch. 5 para. 2(2)(a) (with reg. 34)

F5 Words in rule 10(7)(b) substituted (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), reg. 1(1), Sch. 5 para. 2(2)(b) (with reg. 34)

F6 Words in rule 10(9) substituted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 4 para. 3 (with Sch. 6 para. 9)

Marginal Citations

M1 1985 c. 6, to which there are amendments not relevant to these Rules.

M2 Subsection (2A) was inserted by section 16(1) of the Transport and Works Act 1992 (c. 42).

M3 1990 c. 10. Section 12 (2A) was inserted by section 18 of the Transport and Works Act 1992.