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

Application of written representations procedure

23.—(1) Subject to paragraphs (2) to (4), rule 24 shall apply to an objection unless, on or before the operative date, the Secretary of State has—

(a) given notice in accordance with rules made under section 9 of the Tribunal and Inquiries Act 1992 that he will cause a public local inquiry to be held;

(b) given notice to the applicant and every objector who made the objection in question that the objection will be dealt with in accordance with section 11(2);

(c) informed the objector in question and the applicant that it appears to him that the objection is of a type mentioned in paragraph (a) or (b) of section 10(3); or

(d) published a notice in the London Gazette in accordance with section 9(2) identifying the application and the proposals in it which in his opinion are of national significance.

(2) Rule 24 shall not apply in relation to an objection if, not later than the operative date, a statutory objector informs the Secretary of State in writing that he wishes the objection to be referred to a public local inquiry or dealt with in accordance with section 11(2).

(3) Rule 24 shall cease to apply to an objection if after the operative date either the Secretary of State or a statutory objector, as the case may be, takes in relation to that objection one of the steps mentioned in paragraph (1) or (2).

(4) Notwithstanding that one of the steps mentioned in paragraph (1) or (2) has been taken, the Secretary of State may, with the consent of the applicant and every statutory objector, and after consulting such other persons as he thinks fit, direct that rule 24 shall thereafter apply to all objections that have not been withdrawn; provided that, where any of the steps required to be taken under that rule have been taken before the date of that direction, they need not be taken again.

(5) In this rule “statutory objector” means a person within section 11(4) who has made an objection which has not been withdrawn.