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

14.  The documents to be served by virtue of paragraph 13 are— E+W+S

(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;

(d) a report summarising the consultations that have been undertaken, including confirmation that the Secretary of State 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) a list of all consents, permissions or licences required under other enactments in connection with the proposals which, at the publication date, are being sought or which have been obtained or refused, specifying for each relevant consent, permission or licence the information referred to in rule 10(2)(f)(i), (ii) and (iii);

(f) where the proposed works are to be subject to an environmental impact assessment, an environmental statement, which shall include the information referred to in rule 11;

(g) a copy of any waiver statement made under paragraph 34;

(h) where the proposed order would authorise the carrying out of works—

(i) subject to paragraph 15, the plans and sections described in paragraphs (1) and (3) of rule 12;

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

(i) subject to sub-paragraph (j) and paragraph 15, where the proposed order would authorise 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 plan and book of reference respectively described in paragraphs (5) and (8) of rule 12 subject to paragraphs (10) and (11) of that rule;

(j) where the proposed order would provide for the extinguishment or diversion of rights of way over a footpath, bridleway, cycle track or byway, a map of a scale not smaller than 1:2500 on which the path, way or track concerned, and, in the case of diversion, the new path, way or track is clearly delineated;

(k) where the Secretary of State proposes to direct under section 90(2A) of the Planning Act that planning permission shall be deemed to be granted, a statement signed by or on behalf of the Secretary of State specifying—

(i) the development to which the direction would apply;

(ii) any proposed conditions attaching to it;

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

(iv) in respect of those matters not intended to be so reserved, such further documents and information as may be necessary to support the making of the direction;

(l) where the Secretary of State proposes to direct under section 12(2A) of the Planning (Hazardous Substances) Act 1990 M1 that hazardous substances consent shall be deemed to be granted, Form 1 or Form 2 of the forms prescribed in Schedule 2 to the Planning (Hazardous Substances) Regulations 1992 M2 as the case may require, duly completed and signed by or on behalf of the Secretary of State, and the information and documentation specified in one or more of regulations 5(1)(b) and 5(3)(b) of those Regulations as the case may require; and

(m) a statement specifying the capacity (or, if more than one, the capacities) in which the recipient is served, the expiry date for objections and other representations and the address to which an objection or other representation is to be sent.

Marginal Citations

M1 1990 c. 10. Subsection (2A) was inserted by section 18 of the Transport and Works Act 1992 (c. 42).

M2 S.I. 1992/656, as amended by S.I. 1999/981.