The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007

Documents accompanying application

8.—(1) The applicant shall submit with an application 3 copies of that application.

(2) The applicant shall submit with the application 4 copies of each of the following documents–

(a) a draft of the proposed order under section 1 of the Act;

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

(c) a memorandum setting out the aims of the proposals to which the application relates including any alternative approach considered and the reason for rejection;

(d) a statement that, in the view of the applicant, the provisions in the proposed order are within the legislative competence of the Scottish Parliament together with a memorandum setting out the reasons for that view;

(e) 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 3 and 4 where authority is sought for works or other matters described in column (1) of those tables, or if not, an explanation of why not;

(f) if the applicant is not an individual or a company regulated by the Companies Act 1985(1) a declaration as to the status of the applicant;

(g) 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;

(h) any screening decision made by the Scottish Ministers under rule 5, any scoping opinion given by the Scottish Ministers under rule 6 and, in a case where the proposed works are to be subject to an environmental impact assessment, the applicant’s statement of environmental information;

(i) confirmation that a draft of the applicant’s statement of environmental information has been sent to the persons specified in rule 3(3) together with a memorandum setting out any comments that any such person might have made in respect of that draft; and

(j) any direction given under rule 16.

(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

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

(i) the plans and sections described in paragraphs (1) and (4) of rule 10; and

(ii) an estimate of the cost of carrying out the works provided for in the proposed order.

(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 structures, or the compulsory extinguishment, variation or disapplication of a title condition or development management scheme or the compulsory extinguishment of other private rights over land, the applicant shall submit with the application the plan and the book of reference respectively described in paragraphs (5) and (7) of rule 10.

(5) In the case of an application for an order providing for the extinguishment or diversion of rights of way or passage over a footpath, bridleway or cycle track, 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 Scottish Ministers under section 57(2A) of the Town and Country Planning (Scotland) Act 1997(2) that planning permission shall be deemed to be granted for the development provided for in the proposed order, the applicant 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 planning authority; and

(d) in respect of those matters not intended to be reserved for subsequent approval by the 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 Scottish Ministers under section 10(2A) of the Planning (Hazardous Substances) (Scotland) Act 1997(3) that hazardous substances consent shall be deemed to be granted for the development provided for in the proposed order, the applicant shall submit with the application–

(a) an application for hazardous substances consent in either Form 1 or 2 of the forms prescribed in Schedule 2 to the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993(4) as the case may require; and

(b) the information and documentation specified in such one or more of regulations 5(1)(b), 5(2)(b) and 5(3)(b) of those Regulations (applications for hazardous substances consent) as the case may require.

(8) The applicant shall, as soon as practicable after the date of the application, submit to the Scottish Ministers a statement of compliance with the provisions of rules 11, 12(1) to (7) and 13 together with–

(a) copies of the notices placed in newspapers and the Edinburgh Gazette in accordance with rule 12; and

(b) confirmation of the date on which the notices required by rule 13 were served.

(9) Where the Scottish Ministers are of the opinion that any of the information submitted pursuant to this rule, other than the applicant’s statement of environmental information, is not adequate for its purpose the Scottish Ministers may within 21 days of receipt of an application–

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

(b) where the Scottish Ministers make such a direction they may require the applicant to comply with any of the provisions of rules 11 and 12 in respect of the further information required.

(1)

1985 c. 6.

(2)

1997 c. 8; section 57(2A) was inserted by the Transport and Works (Scotland) Act 2007 (asp 8), section 15(1).

(3)

1997 c. 10; section 10(2A) was inserted by the Transport and Works (Scotland) Act 2007 (Consents under Enactments) Regulations 2007 (S.S.I. 2007/[ ]), regulation 4.

(4)

S.I. 1993/323 as relevantly amended by S.S.I. 2000/179.