The Transport and Works (Applications and Objections Procedure) Rules 1992

1.  Works affecting the foreshore below mean high water spring tides, tidal waters, or the bed of, or the subsoil beneath tidal waters.

1.—(a) In or adjacent to England or Wales, the Crown Estate Commissioners and the National Rivers Authority; and

(b)In or adjacent to England, the Minister of Agriculture, Fisheries and Food; and

(c)In or adjacent to Wales, the Secretary of State for Wales; and

(d)In or adjacent to the counties of Devon and Cornwall and the Isles of Scilly, the Duchy of Cornwall; and

(e)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.—(a) In or adjacent to England or Wales, the National Rivers Authority, the Crown Estate Commissioners, each operator; and

(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.

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 (unless the Board is the applicant), the Inland Waterways Amenity Advisory Council and the National Rivers Authority.

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.  The relevant operator; and the National Rivers Authority.

5.  Works causing or likely to cause an obstruction to the passage of fish in a river.

5.—(a) In England, the Minister of Agriculture, Fisheries and Food; and

(b)In Wales, the Secretary of State 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 National Rivers Authority.

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.—(a) In or adjacent to England, the Secretary of State for National Heritage; and

(b)In or adjacent to Wales, the Secretary of State for Wales.

9.  Works affecting, or involving the stopping up or diversion of, a street, or affecting a proposed highway.

9.—(a) The relevant highway authority; and

(b)Where the street is not a highway maintainable at the public expense, the street managers within the meaning of section 49(4) of the New Roads and Street Works Act 1991(3).

10.  Works likely to affect the volume or character of traffic entering or leaving—

(i)a special road or trunk road; or

(ii)any other classified road.

(i)

(a)(10)—(a) In England, the Secretary of State for Transport; and

(b)In Wales, the Secretary of State for Wales.

(ii)The relevant highway authority.

11.  The construction of a transport system involving the placing of equipment in or over a street.

11.—(a) The relevant street authority within the meaning of section 49(1) of the New Roads and Street Works Act 1991; and

(b)In Greater London alone, the Traffic Director for London.

12.  Works affecting land in, on or over which is laid the apparatus 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.

13.  The British Coal Corporation.

14.  Works affecting:

(a)a building listed under Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990(4); or

(b)an ancient monument scheduled under the Ancient Monuments and Archaeological Areas Act 1979(5).

14.—(a) In or adjacent to England, the Historic Buildings and Monuments Commission for England and The Royal Commission on the Historical Monuments of England; and

(b)In or adjacent to Wales, the Secretary of State for Wales (Cadw) and the Royal Commission on Ancient and Historical Monuments in Wales.

15.  Works affecting:

(a)a conservation area designated under Part II of the Planning (Listed Buildings and Conservation Areas) Act 1990; or

(b)an area of archaeological importance designated under section 33 of the Ancient Monuments and Archaeological Areas Act 1979.

15.—(a) In England, the Historic Buildings and Monuments Commission for England; and

(b)In Wales, the Secretary of State for Wales (Cadw).

16.  Works affecting a garden or other land of historic interest registered pursuant to section 8C of the Historic Buildings and Monuments Act 1953(6)

16.—(a) In England, the Historic Buildings and Monuments Commission for England; and

(b)In Wales, the Secretary of State for Wales (Cadw).

17.  Works which are either:

(a)within 3 kilometres of Windsor Castle, Windsor Great Park or Windsor Home Park; or

(b)within 800 metres of any other royal palace or royal park and which are likely to affect the amenity or security thereof.

17.  The Secretary of State for National Heritage.

18.  Works affecting any land on which there is a theatre as defined in the Theatres Trust Act 1976(7).

18.  The Theatres Trust.

19.  Works in Greater London or the metropolitan counties of Greater Manchester and Merseyside which are within 250 metres of land which:

(a)is, or has been within 30 years immediately prior to the date of the notice given under rule 3(2), used for the deposit of refuse or waste; or

(b)has been notified to the local planning authority by the waste regulation or disposal authority for the relevant area.

19.  The waste regulation or disposal authority constituted by the Waste Regulation and Disposal (Authorities) Order 1985(8)

20.  The carrying out of an operation requiring hazardous substances consent under the Planning (Hazardous Substances) Act 1990.

20.  The hazardous substances authority as defined in that Act and the Health and Safety Executive.

21.  Works not in accordance with a development plan and which either:

(a)involve the loss of not less than 20 hectares of agricultural land of grades 1, 2 and 3a (in aggregate); or

(b)taken with other associated works cumulatively involve the loss of not less than 20 hectares of such land.

21.—(a) In England, the Minister of Agriculture, Fisheries and Food; and

(b)In Wales, the Secretary of State for Wales.

22.  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.

22.  Her Majesty’s Railway Inspectorate.

23.  To discontinue all railway passenger or tramway services from any railway station or line to which the provisions of sections 54 and 56 of the Transport Act 1962 apply.

23.  Every relevant Area Committee (as defined in section 56(1) of the Transport Act 1962) or the London Regional Passengers' Committee as the case may be.

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.—(a) In or adjacent to England or Wales, the Crown Estate Commissioners; the Trinity House; and the National Rivers Authority; and

(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 National Rivers Authority and each 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 (unless the Board is the applicant), the Inland Waterways Amenity Advisory Council, the National Rivers Authority and (except for applications under section 3(1)(a)) the Secretary of State for the Environment.

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.  The relevant operator and the National Rivers Authority.

5.  Works causing or likely to cause an obstruction to the passage of fish in a river.

5.—(a) In England, the Minister of Agriculture, Fisheries and Food; and

(b)In Wales, the Secretary of State 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 National Rivers Authority.

7.  Works affecting an area under the control of a harbour authority as defined in section 57(1) of the Harbours Act 1964.

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.

8.—(a) In or adjacent to England, the Secretary of State for National Heritage; and

(b)In or adjacent to Wales, the Secretary of State for Wales.

9.  Works affecting, or involving the stopping up or diversion of, a street, or affecting a proposed highway.

9.—(a) The relevant highway authority; and

(b)Where the street is not maintainable at the public expense, the street managers within the meaning of section 49(4) of the New Roads and Street Works Act 1991.

10.  The stopping up or diversion of a public footpath or bridleway (including a byway open to all traffic) or a cycle track.

10.—(a) In England or Wales, 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

(b)In the counties of Cheshire, Derbyshire, Greater Manchester, Lancashire, Merseyside, South Yorkshire, Staffordshire and West Yorkshire, the Peak and Northern Footpaths Society; and

(c)Within the county of Bedfordshire, in 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

(d)Within 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

(e)Within 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

(f)Within the county of Oxfordshire, the district of South Oxfordshire, the Chiltern Society; and

(g)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.—(a) The relevant street authority within the meaning of section 49(1) of the New Roads and and Street Works Act 1991; and

(b)In Greater London alone, the Traffic Director for London.

12.  Works affecting land in, on or over which is laid the apparatus 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.

13.  The British Coal Corporation.

14.  Works affecting:

(a)a building listed under Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990; or

(b)an ancient monument scheduled under the Ancient Monuments and Archaeological Areas Act 1979; or

(c)any archaeological site.

14.—(a) In or adjacent to England, the Historic Buildings and Monuments Commission for England and the Royal Commission on the Historical Monuments of England; and

(b)In or adjacent to Wales, the Secretary of State for Wales (Cadw) and the Royal Commission on Ancient and Historical Monuments in Wales.

15.  Works affecting:

(a)a conservation area designated under Part II of the Planning (Listed Buildings and Conservation Areas) Act 1990; or

(b)an area of archaeological importance designated under section 33 of the Ancient Monuments and Archaeological Areas Act 1979.

15.—(a) In England, the Historic Buildings and Monuments Commission for England; and

(b)In Wales, the Secretary of State for Wales (Cadw).

16.  Works affecting a garden or other land of historic interest registered pursuant to section 8C of the Historic Buildings and Monuments Act 1953.

16.—(a) In England, the Historic Buildings and Monuments Commission for England; and

(b)In Wales, the Secretary of State for Wales (Cadw).

17.  Works affecting:

(a)an area 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(9); or

(b)an area within 2 kilometres of such an area of special scientific interest and of which notification has been given to the local planning authority; or

(c)land declared to be a national nature reserve under section 35 of the Wildlife and Countryside Act 1981; or

(d)a marine nature reserve designated under section 36 of the Wildlife and Countryside Act 1981.

17.—(a) In or adjacent to England, the Nature Conservancy Council for England; 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.—(a) In England, the Countryside Commission; and

(b)In Wales, the Countryside Council for Wales.

19.  Works which are either:

(a)within 3 kilometres of Windsor Castle, Windsor Great Park or Windsor Home Park; or

(b)within 800 metres of any other royal palace or royal park and which are likely to affect the amenity or security thereof.

19.  The Secretary of State for National Heritage.

20.  Works in Greater London or the metropolitan counties of Greater Manchester and Merseyside which are within 250 metres of land which:

(a)is, or has been within 30 years immediately prior to the date of the notice given under rule 3(2), used for the deposit of refuse or waste; or

(b)has been notified to the local planning authority by the waste regulation or disposal authority for the relevant area.

20.  The waste regulation or disposal authority constituted by the Waste Regulation and Disposal (Authorities) Order 1985.

21.  The carrying out of an operation requiring hazardous substances consent under the Planning (Hazardous Substances) Act 1990.

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:

(a)involve the loss of not less than 20 hectares of agricultural land of grades 1, 2 and 3a (in aggregate); or

(b)taken with other associated works cumulatively involve the loss of not less than 20 hectares of such land.

22.—(a) In England, the Minister of Agriculture, Fisheries and Food; and

(b)In Wales, the Secretary of State for Wales.

23.  To discontinue all railway passenger or tramway services from any railway station or line to which the provisions of sections 54 and 56 of the Transport Act 1962 apply.

23.  Every relevant Area Committee (as defined in section 56(1) of the Transport Act 1962) or the London Regional Passengers' Committee as the case may be.

24.  The right for a person providing transport services to use a transport system belonging to another.

24.  The operator of the relevant transport system.

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).

1.—(a) In or adjacent to England, the Nature Conservancy Council for England; 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.—(a) In England or Wales, the Crown Estate Commissioners; and (except where the land affected falls within category 17 of Schedule 5)

(b)In England, the Nature Conservancy Council for England; and

(c)In Wales, the Countryside Council for Wales.

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 (except where the land affected falls within category 17 of Schedule 5).

3.—(a) In England, the Nature Conservancy Council for England; and

(b)In Wales, the Countryside Council for Wales.

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.—(a) In England and Wales, any organisation appearing to the Secretary of State to represent a substantial number of persons using the canal or inland navigation; and (except where the land affected falls within category 17 of Schedule 5)

(b)In England, the Nature Conservancy Council for England; and

(c)In Wales, the Countryside Council for Wales.

5.  Works affecting an area under the control of a harbour authority as defined in section 57(1) of the Harbours Act 1964.

5.  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.

6.  Works which would, or would apart from the making of an order, require a consent to the discharge of matter into waters or on to land under Chapter II of Part III of the Water Resources Act 1991.

6.  The National Rivers Authority.

7.  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)

(a)7.—(a) In England, the Secretary of State for Transport; and

(b)In Wales, the Secretary of State for Wales.

(ii)The relevant highway authority.

8.  The construction of a transport system involving the placing of equipment in or over a street.

8.  Occupiers of all buildings having a frontage on, or whose principal means of access is from, the relevant street.

Works affecting any land on which there is a theatre as defined in the Theatres Trust Act 1976.

9.  The Theatres Trust.

10.  To construct a transport system to which the provisions of section 56 of the Transport Act 1962 apply or will apply by virtue of the order.

10.  Every relevant Area Committee (as defined in section 56(1) of the Transport Act 1962) or the London Regional Passengers' Committee, as the case may be.

11.  The suspension or discontinuance of any operations or provision in consequence of the abandonment or neglect of a transport system or inland waterway pursuant to section 7.

11.  Every operator affected or likely to be affected thereby.

12.  To modify, exclude, amend, repeal or revoke 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.

12.  The person upon whom such protection or benefit is conferred.

13.  The compulsory acquisition of land in which there subsists a Crown or Duchy interest within the meaning of section 25(2).

13.  The appropriate authority within the meaning of section 25(3).

14.  The compulsory purchase of ecclesiastical property (as defined in section 12(3) of the Acquisition of Land Act 1981)(10).

14.  The Church Commissioners.

1.  Construction of a transport system or inland waterway requiring the compulsory acquisition of land where the area of the proposed works—

(a)does not exceed 0.5 hectares;

(b)exceeds 0.5 hectares.

1.—(a) £5,000;

(b)£5,000, plus £1,000 for each 0.5 hectares, or part thereof, in excess of 0.5 hectares.

2.  Construction of a transport system or inland waterway not requiring the compulsory acquisition of land where the area of the proposed works—

(a)does not exceed 1 hectare;

(b)exceeds 1 hectare.

2.—(a) £750;

(b)£750, plus £250 for each 0.5 hectares, or part thereof, in excess of 1 hectare.

3.  Construction of works which interfere with rights of navigation, being of a description prescribed under section 4, where the area of the proposed works—

(a)does not exceed 0.5 hectares;

(b)exceeds 0.5 hectares.

3.—(a) £5,000;

(b)£5,000, plus £1,000 for each 0.5 hectares in excess of 0.5 hectares.

4.  Provision for any matter other than those described above.

4.  £1,000.