Rule 21
SCHEDULE 8PROPOSALS FOR ORDERS UNDER SECTION 7
1. The requirements of this Schedule shall apply where the Secretary of State proposes to make an order under section 7.
2.—(1) The Secretary of State shall make a screening decision in relation to the proposals if they include works which constitute a project of a type mentioned in Annex II to the Directive(1).
(2) Before making a screening decision the Secretary of State shall, where he considers it appropriate to do so, serve notice on—
(a)every local planning authority in whose area the works referred to in the proposed order would be carried out or the relevant coastal authority (as the case may be), and
(b)those mentioned in rule 5(2)(b), (c) and (d) and rule 8(4)(d) above (in the circumstances mentioned in those provisions),
of his intention to make a screening decision.
(3) The Secretary of State shall include in each notice served pursuant to sub-paragraph (2) above—
(a)a plan sufficient to identify the land affected by the works or matters in question;
(b)a brief description of the nature and purpose of the proposed order; and
(c)a brief description of the possible effects on the environment of the works or matters in question.
(4) The recipient of a notice served under sub-paragraph (2) above shall, not later than 42 days after receiving the notice, provide the Secretary of State with a written opinion as to whether or not, in the view of the recipient, the works or matters in question should be the subject of an environmental impact assessment.
(5) In making his screening decision, the Secretary of State shall comply with the requirements of rule 7(11) and (12) above.
3. The Secretary of State shall publish a notice of the proposals in the London Gazette, which notice shall include—
(a)the title of the proposed order and such further information (if any) as is necessary to identify the nature of the proposals and the location of the proposed works or matters;
(b)the address to which objections and representations are to be sent and the date of expiry of the period within which objections and representations must be made (being not less than 42 days from the date of this notice); and
(c)the address to which requests may be made for further information about the proposed order (and, if applicable, any proposed direction for deemed planning permission or deemed hazardous substances consent).
4. The Secretary of State shall publish, in the newspapers prescribed in rule 14(3) above, a notice containing the information specified in paragraph 5 below, such notice to be published on 2 separate occasions, the first publication to be not more than 14 days before, and not later than, the date of the notice mentioned in paragraph 3 above, and the second to be not more than 7 days after that date.
5. The information referred to in paragraph 4 above is—
(a)a concise summary of the works and other matters for which provision is made in the proposed order;
(b)if applicable, a statement that the Secretary of State proposes to direct that planning permission or hazardous substances consent, as the case may be, shall be deemed to be granted;
(c)in cases in which authority is to be given for any works which constitute a project falling within Annex I to the Directive, a statement that the proposals are to be subject to an environmental impact assessment, or where a screening decision has been made by the Secretary of State, the screening decision;
(d)the names of all places, which shall be places within the area to which the proposals in the proposed order relate (or as close as reasonably possible to that area), where a copy of the proposed order and copies of the documents referred to in paragraph 8 below may be inspected, free of charge, at all reasonable hours for a specified period, being a period which expires not less than 42 days after the date of the notice published under paragraph 3 above; and
(e)a statement that, until the end of the period specified pursuant to sub-paragraph (d) above, any objection to the making of the order, or any other representation in relation to it, may be made by writing, stating the grounds for the objection or representation, to the Secretary of State at an address specified in the notice.
6. The notice referred to in paragraph 4 above need not contain information pursuant to paragraph 5(a) and (d) above concerning any proposal in the proposed order which is not relevant to the area in which the local newspaper circulates.
7. The Secretary of State shall, forthwith after the date of the publication of the notice required by paragraph 3 above, serve a copy of the proposed order and the documents mentioned in paragraph 8 below upon—
(a)every local authority in whose area a transport system, inland waterway or other works to which the proposal relates is or are, or is or are to be, situated, or every relevant coastal authority, as the case may be,
(b)in the case of proposals affecting land in, or adjacent to, or tidal waters in, or adjacent to, England, the Nature Conservancy Council for England and the Countryside Agency,
(c)in the case of proposals affecting land in, or adjacent to, or tidal waters in, or adjacent to, Wales, the Countryside Council for Wales,
(d)in the case of a proposal to make an order pursuant to section 7(1)(a), where the transport system, inland waterway or other works to which the proposal relates is or are to be situated, wholly or partly, in Wales, the National Assembly for Wales, and
(e)in the case of a proposal to make an order pursuant to section 7(1)(b) or (c), where the transport system, inland waterway or other works to which the proposal relates is or are to be situated partly in Wales, the National Assembly for Wales(2).
and shall deposit copies of the proposed order and those documents in the library of the House of Commons and, where he considers it appropriate, in the library of the House of Lords.
8.—(1) The documents to be served by virtue of paragraph 7 above are—
(a)a concise memorandum explaining the powers sought, and the other matters for which provision is made in the proposed order;
(b)a copy of any waiver under paragraph 21 below;
(c)where—
(i)the proposed order would authorise any matter falling within Annex I to the Directive, or
(ii)the Secretary of State has made a screening decision determining that the proposals are to be made subject to an environmental impact assessment,
an environmental statement, on the contents of which the Secretary of State shall have previously consulted—
(i)those mentioned in sub-paragraphs (a) to (c) of paragraph 7 above (in the circumstances there mentioned); and
(ii)where the proposals relate to a project within tidal waters and would require a licence under Part II of the Food and Environment Protection Act 1985(3), the Minister of Agriculture, Fisheries and Food;
(d)where the proposed order would authorise the carrying out of works—
(i)such of the plans and sections described in paragraphs (1) and (3) of rule 12 above as are relevant to the works (subject to paragraph (7) of that rule);
(ii)an estimate of the cost of implementing the proposed order, which shall, in so far as it relates to any of the matters included in Schedule 4 above, be in the form set out in that Schedule or as nearly in that form as circumstances permit;
(e)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 in or over land (including private rights of navigation over water), the plan and book of reference respectively described in paragraphs (4) and (6) of rule 12 above, subject to paragraphs (8) and (9) of that rule;
(f)where the Secretary of State proposes to direct, under section 90(2A) of the Planning Act, that planning permission be deemed to be granted—
(i)a statement, signed by or on behalf of the Secretary of State, specifying the development to which the direction would apply and any proposed conditions attaching to it, including a list of any matters to be reserved for subsequent approval by the local planning authority;
(ii)in respect of those matters not intended to be reserved for subsequent approval by the local planning authority, such further documents and information as may be necessary to support the making of such a direction;
(g)where the Secretary of State proposes to direct, under section 12 of the Planning (Hazardous Substances) Act 1990(4) that hazardous substances consent shall be deemed to be granted—
(i)Form 1 or Form 2 of the forms prescribed in Schedule 2 to the Planning (Hazardous Substances) Regulations 1992(5), as the case may require, duly completed and signed by or on behalf of the Secretary of State;
(ii)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 as the case may required.
(2) The Secretary of State shall include in any environmental statement the material required to be included in such a statement by rule 11 above.
9. Where the provisions in the proposed order relate to works of a kind described in section 3(1)(b), the Secretary of State shall serve a copy of the proposed order and supporting documents upon the Trinity House.
10. Where the proposed order includes works or other matters specified in any of the categories in column (1) of the table in Schedule 5 above, the Secretary of State shall, forthwith after the date of publication of the notice under paragraph 3 above, serve upon those named against such category in column (2) of that table, a copy of the proposed order and those of the supporting documents mentioned in rule 13(6)(d) to (g) above as are relevant to the case in question, and shall state the capacity in which the recipient is served.
11. Where the proposed order includes works or other matters specified in any of the categories in column (1) of the table in Schedule 6 above, the Secretary of State shall, forthwith after the date of publication of the notice under paragraph 3 above, serve upon those named against such category in column (2) of that table a notice containing the information specified in paragraph 5 above, and every notice shall state the capacity in which the recipient of the notice is served.
12.—(1) This paragraph shall apply where—
(a)it appears to the Secretary of State that the proposed order relates to works which would be likely to have significant effects on the environment in another Member State; or
(b)another Member State, whose environment is likely to be significantly affected by the works to which the proposals relate, requests information relating to the application.
(2) Where this paragraph applies, the Secretary of State shall—
(a)comply with the requirements of rule 16(3)(a) and (b), (4), (5)(c), (6)(a) to (d) and (7); and
(b)send to the Member State in question (in so far as those documents and information have not already been supplied to that state)—
(i)a copy of the proposed order; and
(ii)a copy of any environmental statement that he has prepared in relation to the proposed order.
13. Where the proposed order includes works, the Secretary of State shall, forthwith after the date of publication of the notice under paragraph 3 above, display a notice in the form of Form 3 in Schedule 3 to these Rules upon, or as close as reasonably practicable to, the proposed sites of those works at a place accessible to the public and, where the order includes linear works exceeding 5 kilometres in length, such a notice shall be displayed at intervals of not more than 5 kilometres along the whole of the proposed route of the works.
14. Where the proposed order would authorise—
(a)the extinguishment or diversion (whether such diversion would be permanent or temporary) of a public right of way, or
(b)the stopping-up or diversion of a street or the restriction on the use of a street by any persons or traffic, whether such stopping-up, diversion or restriction would be permanent or, in the case of a street specifically named in the proposed order, temporary,
the Secretary of State shall, forthwith after the publication of the notice under paragraph 3 above, display a notice in the form of Form 4 in Schedule 3 to these Rules, upon the right of way or street at, or as close as is reasonably practicable to, each point of extinguishment, diversion, stopping-up or restriction.
15. Where the proposed order would authorise the discontinuance of all railway passenger or tramway services from any station, or upon any line, to which the provisions of sections 37 to 39 of, or Schedule 5 to, the Railways Act 1993(6) apply, the Secretary of State shall, forthwith after the publication of the notice under paragraph 3 above, display a notice in the form of Form 5 in Schedule 3 to these Rules at every station to be closed and every station directly served by the line to be closed to passenger services.
16. The Secretary of State shall use his best endeavours to ensure that every notice displayed under the provisions of paragraphs 13 to 15 above shall continue to be displayed in a legible form for a period of 42 days from the date on which it is first displayed.
17. The Secretary of State shall, as soon as reasonably practicable after the date of publication of the notice under paragraph 3 above, supply, to any person who requests it, a copy of the proposed order or of any document required by this Schedule to support it, subject to the payment by that person of a reasonable charge for the provision of that copy, and the Secretary of State shall ensure that information as to how such copies may be obtained is displayed at every place at which the proposed order and supporting documents are made available for inspection.
18. Where paragraph 8(e) above applies, the Secretary of State shall, forthwith after the date of publication of the notice under paragraph 3 above, serve a notice in the form of Form 6 in Schedule 3 to these Rules upon all those named in the book of reference.
19. Where, pursuant to rule 12(8) above (as applied by paragraph 8(1)(e) above), the name of an owner or occupier of land, or a person enjoying rights over land, has not been included in the book of reference, the Secretary of State shall, forthwith after the date of publication of the notice under paragraph 3 above, serve on the person whose name has not been included a notice in the form of Form 6 in Schedule 3 to these Rules in the manner provided in section 66(4)(a) and (b).
20. In the case of a project within Annex I to the Directive, or which the Secretary of State has determined shall be subject to an environmental impact assessment, the Secretary of State shall ensure that those mentioned at sub-paragraphs (a) to (c) of paragraph 7 above and rule 8(4)(d) above (in circumstances mentioned in those provisions) are given an opportunity to express their opinions on the environmental statement and on the proposal to make the order (and, if applicable, the proposal to direct that planning permission or hazardous substances consent be deemed to be granted).
21. Subject to paragraph 22 below, the Secretary of State may, following consultation with all those he considers would be likely to be affected, waive any provision of this Schedule, in whole or in part, where he considers that it is impossible, impracticable or unnecessary for him to comply with that provision or to comply with it in full.
22. The Secretary of State shall not waive any provision of paragraphs 2, 3, 4, 7, 12, 17, 20 or 23(a) of this Schedule.
23. The following provisions of these Rules shall also have effect in relation to the Secretary of State’s proposal to make an order—
(a)rule 6;
(b)rule 22(1), with the exception of the words “subject to paragraph (2) below”;
(c)rule 22(3), with the substitution for the words “rules 23 to 26 below” the words “rules 24 to 26 below, as applied by paragraph 23 of Schedule 8 to these Rules”;
(d)rule 24(1) to (5);
(e)rule 25(5), with the exception of the words “the applicant or”;
(f)rule 25(6); and
(g)rule 26, with the insertion, after the words “rule 22 above” of “as applied by paragraph 23 of Schedule 8 to these Rules”.
24. Where by virtue of this Schedule any provisions of these Rules apply in relation to a proposal of the Secretary of State to make an order under section 7, any reference in those provisions to—
an “applicant” shall be construed as references to the Secretary of State; and
an “application” shall be construed as references to the publication by the Secretary of State of a notice of a proposal to make an order under section 7.
Annex II is amended by Council Directive 97/11/EC (see rule 4 above).
The power to make an order pursuant to section 7(1)(b) and (c), where the transport system, inland waterway or other works are wholly in Wales is devolved to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672; see the entry in Schedule 1 to that Order that relates to the Transport and Works Act 1992 and see rule 28 above.
S.I. 1992/656.