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

Rules 4(1) and 11(2)

SCHEDULE 1 INFORMATION TO BE INCLUDED IN ENVIRONMENTAL STATEMENTS

1.  A description of the proposed project, including in particular—

(a) a description of the physical characteristics of all the works covered by the application and the land-use requirements during the construction and operational phases;

(b) a description of the main characteristics of the production processes, for instance, nature and quantity of the materials used;

(c) an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation and any others) resulting from the operation of the proposed project.

2.  An outline of the main alternatives studied by the applicant and an indication of the main reasons for his choice, taking into account the environmental effects.

3.  A description of the aspects of the environment likely to be significantly affected by the proposed project, including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors.

4.  A description of the likely significant effects of the proposed project on the environment, which should cover the direct effects and any indirect, secondary, cumulative, short-term, medium-term and long-term, permanent and temporary, positive and negative effects of the project, resulting from—

(a) the existence of the project;

(b) the use of natural resources; and

(c) the emission of pollutants, the creation of nuisances and the elimination of waste,

and the description by the applicant of the forecasting methods used to assess the effects on the environment.

5.  A description of the measures envisaged to prevent, reduce and where possible remedy any significant adverse effects on the environment.

6.  A non-technical summary of the information provided under paragraphs 1 to 5.

7.  An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the developer in compiling the required information.

Rules 14, 15 and 17

SCHEDULE 2 FORMS OF NOTICE

Rule 10(3)

SCHEDULE 3 FORM OF ESTIMATE OF COSTS

Purpose		Amount £
A	General
1.	Surveying, drilling and soil sampling.
2.	Acquisition of land and rights over land.
3.	Earthworks (including land reclamation and landscaping).
4.	Fees of professional and other advisers, in connection with the implementation of the project once authorised.
B	Transport systems
1.	Tunnels and bridges.
2.	Highway works, including alterations to and relocation of existing services and statutory undertakers' apparatus.
3.	Permanent way or other supporting/guiding structures.
4.	Workshops, depots, stations and other buildings.
5.	Electrical plant and equipment.
6.	Signalling and communications.
7.	Vehicles.
8.	Alteration, modification and removal of existing works.
9.	Other major items (to be specified).
C	Inland waterways
1.	Tunnels, bridges and aqueducts.
2.	Canals, pounds and locks.
3.	Reservoirs, sluices, spillways and culverts.
4.	Wharves and other moorings.
5.	Diversion, alteration, modification and abandonment of existing waterways.
6.	Other major items (to be specified).
D	Works which interfere with rights of navigation
1.	The principal components of each description of works prescribed by order made under section 4.
2.	Plant, equipment and ancillary works required in connection with such works.
3.	Other major items (to be specified).

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.

Rule 13(3)

SCHEDULE 5 THOSE TO BE SERVED WITH A COPY OF THE APPLICATION AND DOCUMENTS

(1)	(2)
Authority sought for—	Documents to be deposited with—
1.  Works affecting the foreshore below mean high water spring tides, or tidal waters, or the bed of, or the subsoil beneath, tidal waters.	1.  The Crown Estate Commissioners; the Trinity House; the Environment Agency; the Secretary of State for Environment, Food and Rural Affairs, the Secretary of State for Transport (marked “for the attention of the Maritime and Coastguard Agency”); and, for works— (a) in or adjacent to Wales, the National Assembly for Wales; (b) in or adjacent to the counties of Devon and Cornwall and the Isles of Scilly, the Duchy of Cornwall; and (c) in or adjacent to the counties of Cumbria, Lancashire, Merseyside and Cheshire, the Duchy of Lancaster.
2.  Works affecting the banks or the bed of, or the subsoil beneath, a river.	2.  The Environment Agency and any relevant operator.
3.  Works affecting the banks or the bed of, or the subsoil beneath, an inland waterway comprised in the undertaking of the British Waterways Board or any of the reservoirs, feeders, sluices, locks, lifts, drains and other works comprised in or serving the undertaking.	3.  The British Waterways Board, the Inland Waterways Amenity Advisory Council, the Inland Waterways Association, the National Association of Boat Owners and the Environment Agency.
4.  Works affecting the banks or the bed of, or the subsoil beneath, a canal or inland navigation not comprised in the undertaking of the British Waterways Board or any of the reservoirs, feeders, sluices, locks, lifts, drains and other works comprised in or serving such canal or inland navigation.	4.  Any relevant operator, the Environment Agency, the Inland Waterways Association and the National Association of Boat Owners.
5.  Works causing or likely to cause an obstruction to the passage of fish in a river.	5.  The Environment Agency and, for works— (a) in England, the Secretary of State for Environment, Food and Rural Affairs; and (b) in Wales, the National Assembly for Wales.
6.  Works involving tunnelling or excavation deeper than 3 metres below the surface of the land, other than for piling or making soil tests.	6.  The Environment Agency.
7.  Works affecting an area under the control of a harbour authority as defined in section 57(1) of the Harbours Act 1964(1).	7.  The relevant harbour authority and the relevant navigation authority (if different).
8.  Works affecting a site protected under the Protection of Wrecks Act 1973(2).	8.  For works— (a) in or adjacent to England, the Secretary of State for Culture, Media and Sport; and (b) in or adjacent to Wales, the National Assembly for Wales.
9.  Works affecting, or involving the stopping- up or diversion of, a street, or affecting a proposed highway.	9.  The relevant highway authority or, where the street is not a highway maintainable at the public expense, the street managers.
10.  The stopping-up or diversion of a footpath, a bridleway, a byway or a cycle track.	10.  Every parish or community council in whose area the relevant way or track is, or is proposed to be, situated, the Auto-Cycle Union, the British Horse Society, the Byways and Bridleways Trust, the Open Spaces Society, the Ramblers' Association, the British Driving Society and the Cyclists' Touring Club; and for works— (a) in the counties of Cheshire, Derbyshire, Greater Manchester, Lancashire, Merseyside, South Yorkshire, Staffordshire and West Yorkshire, the Peak and Northern Footpaths Society; and (b) in the county of Bedfordshire, the borough of Luton and within the district of Mid Bedfordshire the parishes of Harlington and Shillington, and within the district of South Bedfordshire the parishes of Barton le Clay, Caddington and Slip End, Dunstable, Eaton Bray, Houghton Regis, Hyde, Kensworth, Streatley, Studham, Sundon, Toddington, Totternhoe and Whipsnade, the Chiltern Society; and (c) in the County of Buckinghamshire, in the districts of Chiltern, Wycombe and South Bucks, and within the district of Aylesbury Vale the parishes of Aston Clinton, Buckland, Drayton Beauchamp, Edlesborough Northall and Dagnall, Halton, Ivinghoe, Marsworth, Pitstone, Wendover and Weston Turville, the Chiltern Society; and (d) in the county of Hertfordshire, in the districts of Dacorum and Three Rivers, and within the district of North Hertfordshire the parishes of Hexton, Hitchin, Ickleford, Ippolitts, Kings Walden, Langley, Lilley, Offley, Pirton, Preston and St Paul’s Walden, the Chiltern Society; and (e) in the county of Oxfordshire, the district of South Oxfordshire, the Chiltern Society; and (f) in Wales, the Welsh Trail Riders' Association.
11.  The construction of a transport system involving the placing of equipment in or over a street.	11.  The relevant street authority and, where the works are to be carried out in Greater London, Transport for London.
12.  Works affecting land in, on or over which is installed the apparatus, equipment or street furniture of a statutory undertaker.	12.  The relevant statutory undertaker.
13.  Works in an area of coal working notified to the local planning authority by the British Coal Corporation or the Coal Authority.	13.  The Coal Authority.
14.  Works affecting: (i) a building listed under Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990(3); (ii) an ancient monument scheduled under the Ancient Monuments and Archaeological Areas Act 1979(4); or (iii) any archaeological site.	14.  (i), (ii) and (iii). For works— (a) in or adjacent to England, the Historic Buildings and Monuments Commission for England; and (b) in or adjacent to Wales, the National Assembly for Wales and the Royal Commission on Ancient and Historical Monuments in Wales.
15.  Works affecting: (i) a conservation area designated under Part 2 of the Planning (Listed Buildings and Conservation Areas) Act 1990; or (ii) an area of archaeological importance designated under section 33 of the Ancient Monuments and Archaeological Areas Act 1979.	15.  (i) and (ii). For works— (a) in England, the Historic Buildings and Monuments Commission for England; and (b) in Wales, the National Assembly for Wales.
16.  Works affecting a garden or other land of historic interest registered pursuant to section 8C of the Historic Buildings and Ancient Monuments Act 1953(5).	16.  For works— (a) in England, the Historic Buildings and Monuments Commission for England; and (b) in Wales, the National Assembly for Wales.
17.  Works affecting: (i) a site of special scientific interest of which notification has been given or has effect as if given under section 28(1) of the Wildlife and Countryside Act 1981(6); (ii) an area within 2 kilometres of such a site of special scientific interest and of which notification has been given to the local planning authority; or (iii) land declared to be a national nature reserve under section 35 of the Wildlife and Countryside Act 1981; or a marine nature reserve designated under section 36 of that Act.	17.  (ii) and (iii). For works— (a) in or adjacent to England, English Nature; and (b) in or adjacent to Wales, the Countryside Council for Wales.
18.  Works affecting a National Park or an Area of Outstanding Natural Beauty.	18.  For works— (a) in England, the Countryside Agency; and (b) in Wales, the Countryside Council for Wales.
19.  Works which are either: (i) within 3 kilometres of Windsor Castle, Windsor Great Park or Windsor Home Park; or (ii) within 800 metres of any other royal palace or royal park and which are likely to affect the amenity or security of that palace or park.	19.  The Secretary of State for Culture, Media and Sport.
20.  Works which are within 250 metres of land which: (i) is, or has been within 30 years immediately prior to the date of the application, used for the deposit of refuse or waste ; or (ii) has been notified to the local planning authority by the waste regulation or disposal authority for the relevant area.	20.  The Environment Agency.
21.  The carrying-out of an operation requiring hazardous substances consent under the Planning (Hazardous Substances) Act 1990(7).	21.  The hazardous substances authority as defined in that Act and the Health and Safety Executive.
22.  Works not in accordance with a development plan and which either— (i) involve the loss of not less than 20 hectares of agricultural land of grades 1, 2 and 3a (in aggregate); or (ii) taken with the other associated works cumulatively involve the loss of not less than 20 hectares of such land.	22.  (i) and (ii). For works— (a) in England, the Secretary of State for Environment, Food and Rural Affairs; and (b) in Wales, the National Assembly for Wales.
(i) 23.  Works which would affect the operation of any existing railway passenger or tramway services provided under statutory powers; or (ii) the construction of a new railway for the provision of public passenger transport, or of a new tramway.	23.  The Rail Passengers' Council(8) or the London Transport Users' Committee(9) as the case may require.
24.  Works to construct, alter or demolish a transport system or to carry out works ancillary to its operation or works consequential upon its abandonment or demolition.	24.  Her Majesty’s Railway Inspectorate.
25.  Works to construct new railways to which any regulatory provisions in the Railways Act 1993(10) would apply or provisions to amend existing powers in relation to railways subject to such regulation.	25.  The Office of Rail Regulation.
26.  The right for a person providing transport services to use a transport system belonging to another.	26.  The operator of the relevant transport system.
27.  Works affecting land in which there is a Crown interest.	27.  The appropriate authority for the land, within the meaning of section 25(3).
28.  Works to be carried out in Greater London.	28.  The Mayor of London.

Rule 14(4)

SCHEDULE 6 THOSE TO BE SERVED WITH NOTICE OF APPLICATION

(1)	(2)
Authority sought for—	Those to be served—
1.  Works affecting the foreshore below mean high water spring tides, tidal waters or the bed of, or subsoil beneath, tidal waters (except where the land affected by the works falls within category 17 of Schedule 5 to these Rules).	1.  For works— (a) in or adjacent to England, English Nature; and (b) in or adjacent to Wales, the Countryside Council for Wales.
2.  Works affecting the banks or the bed of, or the subsoil beneath, a river.	2.  The Crown Estate Commissioners; and (except where the land affected falls within category 17 of Schedule 5 to these Rules) for works— (a) in England, English Nature; and (b) in Wales, the Countryside Council for Wales.
3. Works affecting the banks or the bed of, or the subsoil beneath, an inland waterway, a canal or inland navigation, or any of the reservoirs, feeders, sluices, locks, lifts, drains and other works comprised in or serving that inland waterway, canal or inland navigation.	3.  Any organisation (other than the Inland Waterways Association and the National Association of Boat Owners) upon which the Secretary of State has required the applicant to serve notice, as appearing to the Secretary of State to represent a substantial number of persons using the inland waterway, canal or inland navigation in question; and (except where the land affected falls within category 17 of Schedule 5 to these Rules) for works— (a) in England, English Nature; and (b) in Wales, the Countryside Council for Wales.
4.  Works affecting an area under the control of a harbour authority as defined in section 57(1) of the Harbours Act 1964(11).	4.  The navigation authority for any adjoining waterway (if different from the navigation authority for the harbour area) and the conservancy authority for any adjoining waterway.
5.  Works which would, or would apart from the making of an order, require a consent to the discharge of matter into waters or onto land under Chapter 2 of Part 3 of the Water Resources Act 1991(12).	5.  The Environment Agency.
6.  Works likely to affect the volume or character of traffic entering or leaving— (i) a special road or trunk road; (ii) any other classified road.	(i) 6.  For works— (a) in England, the Secretary of State for Transport (marked “for the attention of the Highways Agency”); and (b) in Wales, the National Assembly for Wales. (ii) The relevant highway authority.
7.  The construction of a transport system involving the placing of equipment in or over a street (except a level crossing).	7.  Owners and occupiers of all buildings which have a frontage on, or a private means of access which first meets the highway at, the part of the street in or over which equipment is to be placed, other than those on whom a notice has been served pursuant to rule 15(1).
8.  Works affecting any land on which there is a theatre as defined in section 5 of the Theatres Trust Act 1976(13).	8.  The Theatres Trust.
9.  The modification, exclusion, amendment, repeal or revocation of a provision of an Act of Parliament or statutory instrument conferring protection or benefit upon any person (whether in his capacity as the owner of designated land or otherwise) specifically named therein.	9.  The person upon whom such protection or benefit is conferred, or the person currently entitled to that protection or benefit.
10.  The compulsory purchase of ecclesiastical property (as defined in section 12(3) of the Acquisition of Land Act 1981(14)).	10.  The Church Commissioners.
11.  Works in Greater London or a metropolitan county.	11.  The relevant Fire and Rescue Authority within the meaning of Part 1 of the Fire and Rescue Services Act 2004(15) and the relevant Police Authority within the meaning of Part 1 of the Police Act 1996(16).
12.  The right to monitor, survey or investigate land (including any right to make trial holes in land).	12.  Every owner and occupier of the land, other than an owner or occupier named in the book of reference as having an interest or right in or over that land.
13.  Works or traffic management measures that would affect services provided by a universal service provider in connection with the provision of a universal postal service and relating to the delivery or collection of letters.	13.  Every universal service provider affected.
14.  Works in an area of coal working notified to the local planning authority by the British Coal Corporation or the Coal Authority.	14.  The holder of the current licence under section 36(ii) of the Coal Industry Nationalisation Act 1946(17) or under Part 2 of the Coal Industry Act 1994(18).
15.  Works for which an environmental impact assessment is required.	15.  For works— (a) in England, the Commission for Architecture and the Built Environment; and (b) in Wales, the Design Commission for Wales.
16.  The compulsory acquisition of land, or the right to use land, or the carrying out of protective works to buildings.	16.  Any person, other than a person who is named in the book of reference described in rule 12(8), whom the applicant thinks is likely to be entitled to make a claim for compensation under section 10 of the Compulsory Purchase Act 1965(19) if the order is made and the powers in question are exercised, so far as he is known to the applicant after making diligent inquiry.

Rule 20

SCHEDULE 7 PROPOSALS FOR ORDERS UNDER SECTION 7

1.  In this Schedule “the publication date” means the date of publication of the notice required by paragraph 11.

2.  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 the notice required by paragraph 11.

3.  When the Secretary of State proposes to make an order under section 7 which would authorise a project within the meaning of the Directive, he shall determine whether an environmental impact assessment is necessary.

4.  If the project is of a type mentioned in—

(a) Annex I to the Directive; or

(b) Annex II to the Directive and the Secretary of State considers that it would be likely to have a significant effect on the environment,

the Secretary of State shall determine that an environmental impact assessment is required unless the proposed works comprise or form part of a project serving national defence purposes and he considers that the carrying out of an environmental impact assessment of the works would have an adverse effect on those purposes.

5.  Where the project is of a type mentioned in Annex II to the Directive the Secretary of State shall, for the purposes of determining whether an environmental impact assessment is necessary, consult those mentioned in rule 7(8) and provide them with the information described in rule 7(5) unless—

(a) he has already formed the view that the project would be likely to have a significant effect on the environment; or

(b) the works comprise or form part of a project serving national defence purposes and he considers that the carrying out of an environmental impact assessment of the works would have an adverse effect on those purposes.

6.  Any body or person consulted pursuant to paragraph 5 shall, not later than 28 days after being consulted, provide the Secretary of State with a written opinion as to whether, in their opinion, the works in question should be the subject of an environmental impact assessment.

7.  In reaching his determination as to whether an environmental impact assessment is necessary, the Secretary of State shall take into account the selection criteria set out in Annex III(20) to the Directive.

8.  Any determination by the Secretary of State as to whether an environmental impact assessment is necessary, together with the reasons for that determination, shall be published in the London Gazette and in a local newspaper prescribed in rule 14(3) within 14 days of such a determination being reached.

9.  Where the Secretary of State has determined that an environmental impact assessment of the proposed works is necessary he shall consult those bodies and persons mentioned in rule 8(4) before reaching an opinion as to the information to be provided in the environmental statement.

10.  Where any body or person consulted pursuant to paragraph 9 wishes to provide the Secretary of State with a written opinion as to the information to be provided in the environmental statement he shall do so no later than 28 days after being consulted.

11.  Where, following completion of any necessary action pursuant to paragraphs 3 to 10, the Secretary of State proposes to make an order under section 7, he shall publish a notice of the proposals in the London Gazette, which notice shall include—

(a) the title of the proposed order, a concise summary of the matters provided for in the proposed order and the location of any proposed works;

(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) a statement as to whether or not the proposals are subject to an environmental impact assessment;

(d) the address to which objections and other representations are to be sent and the date of expiry of the period within which they must be made (being not less than 42 days from the date of the notice); and

(e) the address, if different, 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).

12.  The Secretary of State shall publish, in newspapers prescribed in rule 14(3), a notice containing—

(a) the information specified in paragraph 11; and

(b) the names of all places, which shall be places within the area to which the proposals relate (or as close as reasonably possible to that area), where copies of the documents referred to in paragraph 14 may be inspected free of charge at all reasonable hours during the period specified in pursuance of paragraph 11(d),

such notice to be published on two separate occasions, the first publication to be not more than 14 days before, and not later than, the publication date and the second to be not more than 7 days after that date.

13.  The Secretary of State shall, forthwith after the publication date, serve a copy of the documents mentioned in paragraph 14 upon every local authority in whose areas the proposals are situated and every relevant coastal authority, and shall deposit copies of those documents in the library of the House of Commons and, where he considers it appropriate, in the library of the House of Lords.

14.  The documents to be served by virtue of paragraph 13 are—

(a) a draft of the proposed order;

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

(c) a concise statement of the aims of the proposals;

(d) a report summarising the consultations that have been undertaken, including confirmation that the Secretary of State has consulted all those named in column (2) of the tables in Schedules 5 and 6 to these Rules where authority is sought for works or other matters described in column (1) of those tables or, if not, an explanation of why not;

(e) a list of all consents, permissions or licences required under other enactments in connection with the proposals which, at the publication date, are being sought or which have been obtained or refused, specifying for each relevant consent, permission or licence the information referred to in rule 10(2)(f)(i), (ii) and (iii);

(f) where the proposed works are to be subject to an environmental impact assessment, an environmental statement, which shall include the information referred to in rule 11;

(g) a copy of any waiver statement made under paragraph 34;

(h) where the proposed order would authorise the carrying out of works—

(i) subject to paragraph 15, the plans and sections described in paragraphs (1) and (3) of rule 12;

(ii) an estimate of the cost of carrying out the works, which shall be in the form set out in Schedule 3 to these Rules or as nearly in that form as circumstances permit;

(i) subject to sub-paragraph (j) and paragraph 15, 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 over land (including private rights of navigation over water), the plan and book of reference respectively described in paragraphs (5) and (8) of rule 12 subject to paragraphs (10) and (11) of that rule;

(j) where the proposed order would provide for the extinguishment or diversion of rights of way over a footpath, bridleway, cycle track or byway, a map of a scale not smaller than 1:2500 on which the path, way or track concerned, and, in the case of diversion, the new path, way or track is clearly delineated;

(k) where the Secretary of State proposes to direct under section 90(2A) of the Planning Act that planning permission shall be deemed to be granted, a statement signed by or on behalf of the Secretary of State specifying—

(i) the development to which the direction would apply;

(ii) any proposed conditions attaching to it;

(iii) a list of any matters which are intended to be reserved for subsequent approval by the local planning authority; and

(iv) in respect of those matters not intended to be so reserved, such further documents and information as may be necessary to support the making of the direction;

(l) where the Secretary of State proposes to direct under section 12(2A) of the Planning (Hazardous Substances) Act 1990(21) that hazardous substances consent shall be deemed to be granted, Form 1 or Form 2 of the forms prescribed in Schedule 2 to the Planning (Hazardous Substances) Regulations 1992(22) as the case may require, duly completed and signed by or on behalf of the Secretary of State, and the information and documentation specified in one or more of regulations 5(1)(b) and 5(3)(b) of those Regulations as the case may require; and

(m) a statement specifying the capacity (or, if more than one, the capacities) in which the recipient is served, the expiry date for objections and other representations and the address to which an objection or other representation is to be sent.

15.  The Secretary of State may, if he considers it reasonable and appropriate, vary the scale of the plans and sections referred to in sub-paragraphs (h) and (i) of paragraph 14.

16.  Where the proposed order relates to works of a kind described in section 3(1)(b), the Secretary of State shall, forthwith after the publication date, serve a copy of the documents specified in paragraph 14 upon the Trinity House.

17.  Where the proposed order would authorise the works or other matters specified in any of the categories in column (1) of the table in Schedule 5 to these Rules, the Secretary of State shall, forthwith after the publication date, serve upon those named against such category in column (2) of that table a copy of the proposed order and the following supporting documents—

(a) the explanatory memorandum required by paragraph 14(b);

(b) the concise statement of aims required by paragraph 14(c);

(c) the summary report of consultations required by paragraph 14(d);

(d) any environmental statement required by paragraph 14(f);

(e) any waiver statement made under paragraph 34;

(f) the plans and sections required by paragraph 14(h) and (i), in so far as they are relevant to the category in the table in Schedule 5 to these Rules under which the copy of the proposed order is served;

(g) any cost estimate required by paragraph 14(h)(ii);

(h) in the case of category 10 in the table in Schedule 5 to these Rules, the map referred to in paragraph 14(j); and

(i) the statement referred to in paragraph 14(m).

18.  The Secretary of State shall, forthwith after the publication date, serve a copy of the proposed order and the supporting documents listed in paragraph 17 on any body not mentioned in Schedule 5 to these Rules which is designated by statutory provision as having specific environmental responsibilities and which the Secretary of State considers is likely to have an interest in the application.

19.  The Secretary of State shall not be obliged by virtue of paragraph 13, 16 or 17 to serve upon anyone more than one copy of the same document; and where anyone has confirmed to the Secretary of State in writing that he does not wish to be served with a copy of, or a copy of any part of, a document that the Secretary of State is required to serve upon him by virtue of those paragraphs, the Secretary of State shall not be required to serve upon him that document or the relevant part of it.

20.  Where the proposed order includes works or other matters specified in any of the categories of column (1) of the table in Schedule 6 to these Rules, the Secretary of State shall, forthwith after the publication date, serve upon those named against such category in column (2) of that table a notice containing the information specified in paragraph 12, which notice shall state the capacity (or, if more than one, the capacities) in which the recipient of the notice is served.

21.  Where the proposed order makes any provision—

(a) for the purpose of suspending or discontinuing any operations; or

(b) in consequence of the abandonment or neglect of any works,

the Secretary of State shall, forthwith after the publication date, serve upon every operator affected or likely to be affected a notice containing the information specified in paragraph 12, which notice shall state the capacity in which the recipient of the notice is served.

22.  Where the proposed order would authorise works, the Secretary of State shall, forthwith after the publication date, display one or more notices in the form of Form 2 in Schedule 2 to these Rules in accordance with the requirements of rule 14(6).

23.  Where the proposed order would authorise any of the matters described in rule 14(7)(a) or (b), the Secretary of State shall, forthwith after the publication date, display one or more of the notices in the form of Form 3 in Schedule 2 to these Rules in accordance with the requirements of rule 14(7).

24.  Where the proposed order provides for the discontinuance of railway passenger or tramway services in the circumstances described in rule 14(8), the Secretary of State shall, forthwith after the publication date, display one or more notices in the form of Form 4 in Schedule 2 to these Rules in accordance with the requirements of rule 14(8).

25.  The Secretary of State shall use his best endeavours to ensure that every notice displayed under the provisions of paragraphs 22 to 24 shall continue to be displayed in a legible form until the expiry date for objections or other representations specified under paragraph 11(d).

26.  The Secretary of State shall supply a copy of any document referred to in paragraph 14 to any person who requests such a copy, subject to the payment by that person of a reasonable charge for the provision of the copy, and he shall ensure that the information as to how such copies may be obtained is displayed at every place at which copies of those documents are made available for inspection.

27.  Where paragraph 14(i) applies, the Secretary of State shall, forthwith after the publication date, serve a notice in the form of Form 5 in Schedule 2 to these Rules upon all those named in the book of reference other than the owner of a Crown interest.

28.  Where pursuant to rule 12(10), as applied by paragraph 14(i), the Secretary of State has indicated in the book of reference that relevant names have or might have been omitted, he shall, forthwith after the publication date, serve a notice in the form of Form 5 in Schedule 2 to these Rules in the manner provided by section 66(4)(a) and (b).

29.  Where 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 Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands, he shall publish the information specified in paragraph 12 in such newspapers circulating in the place in question as he may consider appropriate.

30.—(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 of another Member State; or

(b) another Member State whose environment is likely to be significantly affected by the works to which the proposed order relates, requests information relating to the proposed order.

(2) Where this paragraph applies, the Secretary of State shall—

(a) send the information mentioned in rule 16(5) to the Member State in question as soon as reasonably practicable and in any event no later than the publication date or, in a case falling within sub-paragraph (1)(b), no later than 7 days after receiving a request from the Member State in question;

(b) give the Member State in question a reasonable time in which to indicate whether it wishes to participate in the procedure for consideration of the proposed order;

(c) take such steps as he considers necessary to ensure that the public is informed that the project is likely to have significant effects on the environment of another Member State and that the provisions of this paragraph apply;

(d) where a Member State has indicated that it wishes to participate in the procedure for considering the proposed order, send to the State in question (in so far as these documents and information have not already been supplied to that State) a copy of the proposed order and of the environmental statement and any other relevant information regarding the procedure for considering the proposed order and for undertaking an environmental impact assessment of the proposed works; and

(e) comply with the requirements of rule 16(7) and (8), on the basis that the documents and information to be made available under rule 16(7)(a) shall be the documents and information referred to in rule 16(5) and sub-paragraph (2)(d) of this paragraph.

31.  Where after serving a copy of any environmental statement under paragraph 13 the Secretary of State produces further environmental information for the purposes of the proposed order, he shall, unless the information is provided for the purpose of a public local inquiry into the proposed order and is to be made available for public inspection in connection with that inquiry—

(a) publish a notice of that further environmental information in the newspapers prescribed in rule 14(3);

(b) serve a copy of the information on each person on whom, in accordance with this Schedule, a copy of his environmental statement was served;

(c) provide a copy of the information (or any part of it) to any other person who so requests, subject to the payment by that person of a reasonable charge.

32.  Subject to paragraphs 33 and 34, 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 in full.

33.  The Secretary of State shall not waive any provisions of paragraphs 2 to 10, 14(f), 18 and 29 to 31 of this Schedule.

34.  Where the Secretary of State decides to waive any provisions of this Schedule in accordance with paragraph 32, he shall send a statement to that effect to all that he has consulted.

35.  The Secretary of State may, for the purpose of determining whether or not to make the proposed order, send any objection or other representation he has received to any other person and invite comments from that person within such period as he may specify.

36.  The Secretary of State may disregard any comments that are not sent to him within the period specified pursuant to paragraph 35 and, except where paragraph 37 applies, he may, upon expiry of the specified period, proceed to a determination.

37.  Where the Secretary of State causes a public local inquiry or hearing to be held under section 11 for the purposes of the proposed order, he shall submit every objection and other representation that he has received to the person appointed to hold the inquiry or hearing, as soon as it is reasonably practicable to do so.

38.  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 21(1), with the exception of the words “Subject to paragraph (2)”; and

(c) rule 22(3).

(1)

1964 c. 40.

(2)

1973 c. 33.

(3)

1990 c. 9.

(4)

1979 c. 46.

(5)

1953 c. 49 as amended by the National Heritage Act 1983 (c. 33).

(6)

1981 c. 69 as amended by the Countryside and Rights of Way Act 2000 (c. 37). Section 36 has been amended by the Territorial Sea Act 1997 c. 49.

(7)

1990 c. 10.

(8)

See section 21 of the Railways Act 2005 (c. 14).

(9)

See section 247 of the Greater London Authority Act 1999 (c. 29).

(10)

1993 c. 43.

(11)

1964 c. 40.

(12)

1991 c. 57.

(13)

1976 c. 27.

(14)

1981 c. 67.

(15)

2004 c. 21.

(16)

1996 c. 16.

(17)

1946 c. 59.

(18)

1994 c. 21.

(19)

1965 c. 56.

(20)

Inserted by Council Directive 97/11/EC.

(21)

1990 c. 10. Subsection (2A) was inserted by section 18 of the Transport and Works Act 1992 (c. 42).

(22)

S.I. 1992/656, as amended by S.I. 1999/981.