# The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006, Note: Explanatory note


(This note is not part of the Rules)
These Rules replace, subject to the transitional provisions in rule 3, the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000 (“the 2000 Rules”). The Rules prescribe the procedures for—
(a)the making of applications for orders under Part 1 of the Transport and Works Act 1992 (“the Act”);
(b)proposals for orders to be made by the Secretary of State otherwise than on application; and
(c)the making of objections and other representations relating to such applications and proposals.
They also prescribe the procedures for handling objections where the Secretary of State decides not to hold a public inquiry or a hearing under section 11 of the Act.
The Rules include changes to the procedures set out in the 2000 Rules, the main changes to the previous system being—
(a)to provide for electronic service of documents and to remove requirements on applicants to serve documents on those who confirm they do not require them, or only require a part;
(b)a requirement to send the Secretary of State, at least 28 days before an application is made, a draft of the proposed order and explanatory memorandum explaining the purpose and effect of the order provisions (rule 5);
(c)the submission of a summary report of consultations undertaken, an explanatory memorandum and concise statement of the aims of the proposals (rule 10);
(d)to enable the Secretary of State to send objectors and other interested parties copies of objections and other representations made by others (rule 22);
(e)to provide for a more disciplined and timetabled process for exchanging written representations where the Secretary of State decides not to hold a public local inquiry under section 11 of the Act (rule 24); and
(f)an increase in application fees (Schedule 4 Part 1):
Subject matter of application
Area
Fee in 2000 Rules
Fee in these Rules
Percentage increase
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
For the first hectare or part hectare of the proposed works
£6,000
£6,600
10%
For the next 49 hectares
£1,000 ph
£1,100 ph
10%
For the next 50 hectares
£500 ph
£550 ph
10%
For any additional area
£250 ph
£275 ph
10%
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
For the first hectare or part hectare of the proposed works
£4,000
£4,400
10%
For the next 49 hectares
£500 ph
£550 ph
10%
For any additional area
£100 ph
£110 ph
10%
3 Construction of works any part of which would involve interference with rights of navigation, being of a description prescribed under section 4, where the works to be constructed would not form part of a transport system, an inland waterway or a wind farm
For the first hectare or part hectare of the proposed works
£8,000
£8, 800
10%
For the next 49 hectares
£1,500 ph
£1,650 ph
10%
For the next 50 hectares
£750 ph
£825 ph
10%
For any additional area
£375 ph
£412 ph
9.9%
4 Provision for the transfer of an undertaking
£1,500
£2,000
33.3%
5. Provision for any matter other than those described above
£3,500
£4,000
14.3%
Key: ph means per hectare.
The Rules include changes to implement the amendments to Council Directive 85/337/EEC on environmental impact assessment made by Council Directive 2003/35/EC (the `Public Participation Directive'). The Public Participation Directive makes amendments to the provisions for the public participation in the drawing up of certain plans and programmes relating to the environment. A Transposition Note, which has been prepared for this instrument, is available from the TWA Orders Unit, Department for Transport, Zone 2 Floor 9, Southside, 105 Victoria Street, London SW1E 6DT (Telephone 020 7944 2488).
A full Regulatory Impact Assessment of the effect that this instrument will have on the costs of business is available from the TWA Orders Unit, Department for Transport (as above). Copies of the Regulatory Impact Assessment and of the Transposition Note have been placed in the library of each House of Parliament.

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Source: https://www.legislation.gov.uk/uksi/2006/1466/note (the official version)
Page: https://openlegislation.uk/transport-and-works-applications-and-objections-procedure-england-and-wales-rules-2006/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.