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

Plans, sections and book of reference

12.—(1) Subject to paragraphs (6) and (9), the plans referred to in rule 10(3)(b) are—

(a) a plan drawn to a suitable scale not smaller than 1:2500 showing clearly, in relation to existing features, the location, the alignment, if any, and (subject to paragraph (7)) limits of deviation of the works described, or for which provision is made, in the proposed order;

(b) where the plan described in sub-paragraph (a) comprises 3 or more separate sheets, a key plan drawn to a suitable scale showing clearly the relationship between such sheets; and

(c) a plan (which may be the plan described in sub-paragraph (b)) drawn to a suitable scale not smaller than 1:50,000 showing clearly the general location of any works and, if provision is made for such works in the proposed order, in particular—

(i) the general line of the route of any works that are of a linear nature and which exceed 3 kilometres in length; and

(ii) the general location, in relation to the coast or river bank, of works of a kind described in section 3(1)(b).

(2) All plans referred to in paragraph (1) shall contain a reference to the National Grid base or, where this is not practicable, to the latitude and longitude of the site of the proposed works.

(3) Subject to paragraphs (6) and (9), the sections referred to in rule 10(3)(b) are sections having a suitable vertical scale not smaller than 1:500 and showing, by reference to Ordnance Survey or Chart datum—

(a) on the same horizontal scale as the plan described at paragraph (1)(a), the levels of the proposed works, including in particular where relevant—

(i) ground levels;

(ii) the height of every intended bridge, viaduct, aqueduct, embankment and elevated guideway;

(iii) the depth of every intended cutting and tunnel;

(iv) the levels of the bed of any tidal waters or inland waterway in which it is proposed any works should be situated; and

(v) the height of every structure or device (including a cable) intended to be erected above, on or below the surface of, or on or beneath the bed of, tidal waters or an inland waterway;

(b) on a horizontal scale not smaller than 1:500, the span and vertical clearance of every intended bridge, viaduct, aqueduct, gantry and other structure or device (including a cable) above ground level, for which provision is made in the proposed order;

(c) in cross-section, on a horizontal scale not smaller than 1:500, the depths and water levels of every intended inland waterway, for which provision is made in the proposed order;

(d) on a horizontal scale not smaller than 1:500, a cross section of every intended tunnel, for which provision is made in the proposed order; and

(e) on a horizontal scale not smaller than 1:500, any altered gradient of a carriageway or a way forming part of a guided transport system on either side of every level crossing, bridge, tunnel or underpass which would carry the carriageway or way or through which it would pass, for which provision is made in the proposed order.

(4) In paragraph (3) “cable” does not include catenary and related equipment for transport systems.

(5) Subject to paragraph (6), the plan referred to in rule 10(4) is a plan drawn to a suitable scale not smaller than 1:2500 (and which may be the plan described in paragraph (1)(a)) showing clearly any land—

(a) over which it is proposed to acquire powers of compulsory acquisition, or any right to use the land or to carry out protective works to buildings;

(b) in relation to which it is proposed that easements and other private rights (including private rights of navigation over water) shall be extinguished;

(c) of which the applicant is the sole owner and occupier, and which it is proposed shall be used for the purposes of the order for which application is being made; or

(d) in which there subsists a Crown interest, whether or not there are other interests in such land, and which it is proposed shall be used for the purposes of the proposed order.

(6) An applicant may in writing request the Secretary of State to direct that the scale for the plans and sections referred to in paragraph (1), (3) or (5) be varied and the Secretary of State may so direct where he is satisfied that such a request is reasonable and appropriate.

(7) Where the proposed order includes a power to make lateral deviation from the line of any proposed works (other than within the boundaries of a street) the limits of deviation shall be clearly shown upon the plan described at paragraph (1)(a).

(8) The book of reference referred to in rule 10(4) is a book which refers to the plan described in paragraph (5) and which (subject to the provisions of paragraph (10))—

(a) contains the names of all owners, lessees, tenants (whatever the tenancy period) or occupiers of any land which it is proposed shall be subject to—

(i) powers of compulsory acquisition;

(ii) rights to use land, including the right to attach brackets or other equipment to buildings; or

(iii) rights to carry out protective works to buildings;

(b) contains the names of all those entitled to enjoy easements or other private rights over land (including private rights of navigation over water) which it is proposed shall be extinguished;

(c) contains the names of any others to whom the applicant would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965(1), be required to give a notice to treat;

(d) where there is a Crown interest in the land which it is proposed shall be used for the purposes of the order for which application is being made, specifies the owner of that interest;

(e) specifies land—

(i) the acquisition of which is subject to special parliamentary procedure pursuant to section 12;

(ii) which is Green Belt within the meaning of section 2 of the Green Belt (London and Home Counties) Act 1938(2);

(iii) for which other land is to be given in exchange;

(iv) that is to be given in exchange for other land;

(v) which is within a European site or a European marine site, as those expressions are defined in regulations 2(1) and 10(1) of the Conservation (Natural Habitats &c.) Regulations 1994(3);

(vi) which is within an area of outstanding natural beauty, designated as such by an order made by the Countryside Agency, as respects England, or the Countryside Council for Wales, as respects Wales, under section 82 of the Countryside and Rights of Way Act 2000(4);

(vii) which is within a National Park within the meaning of the National Parks and Access to Countryside Act 1949(5);

(viii) which is property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of World Cultural and Natural Heritage(6);

(ix) which is within the Broads(7);

(x) which is a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979(8);

(xi) which has been notified under section 28(1) (sites of special scientific interest) of the Wildlife and Countryside Act 1981(9); and

(f) specifies, for each plot of land identified in it and within which it is intended that all or part of the proposed works shall be carried out, the area in square metres of that plot.

(9) Where provision is made in the proposed order for any works which are—

(a) proposed to be formed or constructed for the accommodation of an owner or occupier of land adjacent to a proposed transport system or inland waterway; or

(b) ancillary to a proposed transport system, inland waterway or works of a kind described in section 3(1)(b),

the applicant shall not be obliged to show them as required by paragraphs (1) and (3) but shall give such indication of them as is reasonably practicable.

(10) The requirements of paragraph (8)(a) to (d) shall only extend to including those names which have been ascertained by the applicant, after making diligent inquiry, at the beginning of a period of 28 days ending with the date of the application; but where the applicant has reason to believe that relevant names have, or might have, been omitted he shall indicate this clearly in the book of reference.

(11) Subject to paragraph (10), where the applicant has made diligent inquiry in order to attempt to obtain the information mentioned in paragraph (8), the application shall not be invalidated by reason only of an error in, or the omission of information from, the book of reference.

(1)

1965 c. 56.

(2)

1938 c. xciii.

(3)

S.I. 1994/2716 as amended by S.I. 2000/192.

(4)

2000 c. 37.

(5)

1949 c. 97.

(6)

See Cmnd. 9424.

(7)

See the Norfolk and Suffolk Broads Act 1988 (c. 4).

(8)

1979 c. 46. See the definition in section 1(11).

(9)

1981 c. 69 as amended by the Countryside and Rights of Way Act 2000 (c. 37).