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

Rule 19(1)

SCHEDULE 4 FEES

Part 1 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.	(i) 1.  For the first hectare or part hectare of the proposed works, £6,600. (ii) For the next 49 hectares, £1,100 per hectare or part hectare. (iii) For the next 50 hectares, £550 per hectare or part hectare. (iv) For any additional area, £275 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 interfere with rights of navigation.	(i) 2.  For the first hectare or part hectare of the proposed works, £4,400. (ii) For the next 49 hectares, £550 per hectare or part hectare. (iii) For any additional area, £110 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, an inland waterway or a wind farm— (i) for the first hectare or part hectare of the proposed works, £8,800; (ii) for the next 49 hectares, £1,650 per hectare or part hectare; (iii) for the next 50 hectares, £825 per hectare or part hectare; and (iv) for any additional area, £412 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— (i) for works which would interfere with rights of navigation, as in paragraph 3(a), and (ii) for other works, as in paragraph 1(ii), (iii) or (iv), or 2(ii) or (iii), as applicable. (c) Where the works to be constructed would form part of a wind farm— (i) for a wind farm comprising up to 30 wind turbines, £20,000; and (ii) 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.  £2,000.
5.  Provision for any matter other than those described above.	5.  £4,000.

Part 2 Calculation of Fees

1.  In this Schedule—

“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 (including the right to attach brackets or other equipment to buildings) or to carry out protective works to buildings;

“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—

(c)

the aggregate area of the land contained within the limits 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

(d)

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;

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

“wind turbine” means a turbine driven by wind.

2.  A fee specified in the table in Part 1 of this Schedule is payable in respect of each proposal in a draft order to which that fee applies.

3.  A fee paid under categories 1 to 3 of Part 1 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.