A Guide to Transport and Works Act Procedures 2006
Table of contents
- Front Cover
- 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?
- What cannot be included in a TWA order?
- Who may apply for a TWA order?
- Planning Permission for TWA schemes
- Environmental Impact Assessment (EIA)
- Transport Policies and Local Transport Plans
- Land Acquisition and Blight
- Safety of Transport Systems
- Model Clauses for Orders and General Drafting Principles
- Consulting the Department on Draft Orders
- Handling of Objections to Order Applications
- Electronic communication
- Schemes of National Significance
- TWA Orders relating to Wales
- Orders made on the Secretary of State's own volition
- Transitional arrangements
- Part 2: Pre-application Stage
- Introduction
- Consultation - General
- 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
- 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 (Rule 5)
- Application for Planning Direction
- Other directions, consents or licences required with the order
- Disapplication of statutory provisions in a TWA order
- Waivers from complying with the Applications 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 19 and Schedule 4)
- Electronic transmission of notices and documents (Rule 27)
- 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 (Rule 18)
- 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 other representations: general (Rule 21)
- Notice of objections and other representations (Rule 22)
- Secretary of State's decision on whether to hold a public inquiry (Rule 23)
- Procedure by written representations (Rule 24)
- 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
- 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
- Annex 2: Commentary on Schedule 1 to the TWA
- Annex 3: General pointers on the drafting of TWA orders
- 2. Appropriate layout
- 3. Dates and time limits
- 4. Is material appropriate for an order?
- 5. Novel material
- 6. Need for standard punctuation
- Annex 4:List of non-statutory consultees
- Annex 5: Selection criteria for screening decisions
- Annex 6: Information to be included in environmental statements
- (rule 11 of, and Schedule 1 to, the Applications Rules 2006)
- Annex 7: Checklist for use in preparing an environmental statement (es)
- 2. Information describing the site and its environment
- Annex 8: Content of Book of Reference
- Annex 9: Model decision notice for applicants
