A Guide to Transport and Works Act Procedures - 2004
Table of contents
- Guidance on the procedures for obtaining
orders under the Transport and Works Act 1992, relating to transport systems, inland waterways and works interfering with rights of navigation - Introduction
- Background and purpose
- Who decides TWA Order applications?
- The Applications Rules
- The Inquiries Procedure Rules
- Available TWA guidance
- Model clauses
- The role of the TWA Orders Unit
- Scotland and Northern Ireland
- Status of this booklet
- Part 1: General Principles
- Why seek a TWA order?
- What can be included in a TWA order?
- Part 2: Pre-application Stage
- Introduction
- Consultation - General
- Statutory notification requirements
- Who else should be consulted?
- Exchange land
- Blight and Compensation Arising from Compulsory Land Acquisition
- Environmental Statements - General
- Environmental Statement - Request for Screening Decision (Rule 7)
- Environmental Statement - Request for Scoping Opinion (Rule 8)
- Provision of Environmental Information (Rule 6)
- Environmental Statement - Preparation and Content
- Environmental Statement - Provision of Further Information (Rule 17)
- The Habitats Directive
- Plans, Sections and Book of Reference (Rule 12)
- Draft order
- Application for Planning Direction
- Other directions, consents or licences required with the order
- Modification or exclusion of statutory provisions in a TWA order
- Waivers from complying with the 2000 Rules (Rule 18)
- Applications for orders by local authorities
- Pre-application newspaper notice
- Part 3: The Application
- Introduction
- Form of the TWA application (Rule 9)
- Documents accompanying applications (Rule 10)
- Fees for applications (Rule 20 and Schedule 7)
- Deposit of Application Documents with Others (Rule 13)
- Publicity for application (Rule 14)
- Notices to owners and occupiers (Rule 15)
- Evidence of compliance with Rules 13, 14 and 15 (Rule 10(8))
- Further documents, information and notices (Rule 17)
- Additions and amendments to documents post-application
- Waiver of requirements in the Rules
- Compliance with rules which would not otherwise apply (Rule 19)
- Acknowledgement of application by Secretary of State
- Consultation on applications
- Development likely to have significant environmental effects in another part of the United Kingdom or in another State (Rule 16)
- Part 4: Handling of Objections
- Introduction
- Objections and representations: general (Rule 22)
- Notice of objections and other representations (Rule 23)
- Secretary of State's decision on whether to hold a public inquiry (Rule 24)
- Procedure by written representations (Rule 25)
- Hearings
- Procedures applying to inquiries - general
- Inquiries - Application of Rules (IP Rule 4)
- Preliminary action to be taken (IP Rules 4 and 5)
- Special procedure for major inquiries (IP Rule 6)
- Service of statements of case (IP Rule 7)
- The Secretary of State's Statement of Matters (IP Rule 7)
- Provision of documents to the Inspector
- Pre-inquiry meetings (IP Rule 8)
- Inquiry timetable (IP Rule 9)
- Assessors (IP Rule 10)
- Technical advisers (IP Rule 11)
- Mediation (IP Rule 12)
- Date and notification of inquiry (IP Rule 13)
- Appearances at the inquiry (IP Rule 14)
- Representation of official bodies at the inquiry (IP Rule 15)
- Proofs of evidence (IP Rule 16)
- Statements of common ground (IP Rule 17)
- Procedure at the inquiry (IP Rule 18)
- Site inspections (IP Rule 19)
- Procedures after the inquiry
- Allowing further time (IP Rule 23)
- Electronic transmission of documents (IP Rule 24)
- Inquiries and hearings - awards of costs
- Part 5: Determination of Applications
- Introduction
- Policies and procedures relating to decisions (Section 13)
- Unopposed orders
- Orders subject to written representations procedure
- Orders subject to an inquiry
- Orders subject to a hearing
- Publicity for making or refusing orders (Section 14)
- Validity of orders (Section 22)
- Re-determination
- Guide timescales for determinations
- Part 6: TWA Orders and Parliament
- Introduction
- Schemes of National Significance
- Special Parliamentary Procedure
- Part 7: Assimilation of Procedures
- Introduction
- Listed Building, Conservation Area and Scheduled Monument consent
- Inland Waterways Procedures
- Food and Environment Protection Act 1985
- Coast Protection Act 1949
- Consents under the Electricity Act 1989
- Licences under the Habitats Regulations
- Annex 1
- TWA Orders unit
- The Unit may be contacted on the following telephone numbers:
- Annex 2
- Annex 3
- Annex 4
- Annex 5
- Annex 6
- Annex 7
- Annex 8
