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

Interpretation and notices E+W+S

4.—(1) In these Rules (unless the context otherwise requires) references to sections are references to sections of the Transport and Works Act 1992 and—

“the 2000 Rules” means the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000;

“the Act” means the Transport and Works Act 1992;

“address” includes any number or address used for the purposes of electronic transmission;

“application” means an application under section 6 and “applicant” means a person making, or proposing to make, an application;

“banks” in relation to an inland waterway referred to in a category in Schedule 5 or 6 to these Rules has the meaning given in section 72(1) of the Land Drainage Act 1991 M1 ;

“bridleway” has the same meaning as in the Highways Act 1980 M2 ;

“byway” means a way shown and described as a byway open to all traffic or a road used as a public path in a definitive map and statement, as defined in section 53(1) of the Wildlife and Countryside Act 1981 M3 ;

“Crown interest” means a Crown or Duchy interest within the meaning of section 25(2);

“cycle track” has the same meaning as in the Highways Act 1980;

[F1 “the Directive” means Directive 2011/92/EU of the European Parliament and of the Council of 13th December 2011 on the assessment of the effects of certain public and private projects on the environment;]

“documents” includes photographs, drawings, maps and plans;

“electronic transmission” means a communication transmitted—

(a)

by means of an electronic communications network; or

(b)

by other means, but while in electronic form;

[F2 “environmental impact assessment” means the process referred to in rule 7A;]

[F3 “environmental statement” means a statement—

(a)

which is required by virtue of these Rules—

(i)

to accompany an application for an order under section 6; or

(ii)

to be prepared in connection with the publication of a notice of a proposal to make an order by virtue of section 7; and

(b)

which includes the information referred to in rule 11(1);]

“expiry date for objections” means the date, being a date not less than 42 days after the date on which the application in question is made, which the applicant specifies in the notice published pursuant to rule 14(1) as the final date for making objections and other representations;

“footpath” has the same meaning as in the Highways Act 1980;

“highway” has the same meaning as in the Highways Act 1980;

“in writing” includes electronic transmission;

“local authority” means a county council, a district council, (in Wales) a county borough council, a London borough council, the Common Council of the City of London, the Council of the Isles of Scilly, Transport for London and a Passenger Transport Executive;

“local planning authority” means a local planning authority within the meaning of Part 1 of the Planning Act M4 ;

“objection” has the meaning given by rule 21 and “objector” shall be construed accordingly;

“occupier” includes—

(a)

a statutory undertaker (not being an owner) having a right to keep equipment on, in or over land; and

(b)

a person having the right to construct or maintain, at a specific position on an inland waterway, a mooring post, gangway, landing stage or other erection or installation for a vessel (not being anything which when not in use is normally carried on the vessel);

“operative date” means the date falling 28 days after the expiry date for objections or such later date as the Secretary of State may specify;

“operator”—

(a)

in relation to a transport system, means any person carrying on an undertaking which includes the system, or any part of it, or the provision of transport services on the system; and

(b)

in relation to an inland waterway, means a navigation authority and, if different, the conservancy authority within the meaning of section 221(1) of the Water Resources Act 1991 M5 ;

“owner”, in relation to land, has the same meaning as in the Acquisition of Land Act 1981 M6 ;

“pipe-line owner” means—

(a)

any person in whom a pipe-line within the meaning of section 65 of the Pipe-lines Act 1962 M7 is vested; and

(b)

any person—

(i)

designated as the owner of a controlled pipeline, within the meaning of section 14(2) of the Petroleum Act 1998 M8 , by an order made by the Secretary of State under section 27 of that Act; or

(ii)

who is entitled to operate any such controlled pipeline in relation to which no such order has been made;

“the Planning Act” means the Town and Country Planning Act 1990 M9 ;

“public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003 M10 ;

“relevant coastal authority” means, in relation to works situated, or proposed to be carried out, in tidal waters which do not lie within the boundary of the area of a local authority in England or Wales—

(a)

every local planning authority whose area has a boundary which lies within 15 kilometres of any point on the works; or

(b)

where there is no such local planning authority, the local planning authority with the area boundary closest to the works;

“river” means any river (including any part of a river which is tidal or which has been canalised), lake, stream, ditch, culvert, drain, sluice, weir or any other passage by which water drains, but does not include—

(a)

a canal or inland navigation which is not a canalised part of a river;

(b)

any part of the river Tweed (as defined in section 6(8) of the Environment Act 1995 M11 );

(c)

any part of the river Esk or river Sark at a point where either of the banks of the river is in Scotland;

(d)

any part of any tributary stream of the river Esk or river Sark at a point where either bank of such tributary stream is in Scotland; or

(e)

a public sewer or a sewer or pipe used primarily for the drainage of a building or any premises appurtenant to a building, or of a street;

“scoping opinion” has the meaning given in rule 8(1);

“screening decision” has the meaning given in rule 7(4);

“statutory undertaker” means—

(a)

any person authorised by an enactment to carry on a railway, tramway, trolley vehicle, guided transport, road transport, water transport, canal, inland navigation, harbour, pier, lighthouse, electricity supply, hydraulic power, sewerage or water undertaking;

(b)

a pipe-line owner;

(c)

a public communications provider;

(d)

a universal service provider in connection with the provision of a universal postal service;

(e)

the British Airports Authority ;

(f)

the Civil Aviation Authority;

(g)

a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000 M12 (to the extent that the person is carrying out activities authorised by the licence); and

(h)

a gas transporter within the meaning of Part 1 of the Gas Act 1986 M13 ;

“street authority” and “street managers” have the meanings given in sections 49(1) and 49(4) respectively of the New Roads and Street Works Act 1991 M14 ;

“tidal waters” means such part of—

(a)

the territorial sea adjacent to the United Kingdom; and

(b)

the internal waters of the United Kingdom in so far as they are tidal or constitute part of the sea,

as lie within the English area (within the meaning of article 1(2) of the Civil Jurisdiction (Offshore Activities) Order 1987 M15 );

“transport system” means a railway, tramway or trolley vehicle system or a system using a mode of guided transport prescribed by an order made under section 2;

“the Trinity House” has the meaning given in section 223 of the Merchant Shipping Act 1995 M16 ;

“universal service provider” has the same meaning as in [F4 Part 3 of the Postal Services Act 2011] and references to the provision of a universal postal service shall be construed in accordance with [F5 that Part];

“works” means any works that may be authorised by an order made under section 1, 3 or 7 but in rules 7, 8, 11 and 16, and in paragraphs 4 to 6, 9, 14(f), 29 and 30 of Schedule 7 to these Rules, shall also include any matter that may be authorised by such an order; and

“works affecting”, in relation to any land, means works proposed to be carried out in, on, over or adjacent to that land.

(2) Where these Rules require that notice be served, published or displayed in a prescribed form the notice shall be served, published or displayed (as the case may be), duly completed—

(a) in that form;

(b) in a version of that form adapted to meet the circumstances of the particular case; or

(c) in a form which has substantially the same effect as that form (whether the form is adapted or not),

and, except where these Rules require that the notice in question be published in a newspaper, duly signed by or on behalf of the person required to give the notice.

(3) A notice published pursuant to rule 14(2) and (3) or to paragraph 8 or 12 of Schedule 7 to these Rules in a local newspaper circulating in Wales shall be expressed in Welsh as well as in English.

[F6 (4) For the purposes of these Rules information is sufficiently published on a website maintained by or on behalf of the Secretary of State if such information is accessible via that website from another website where it is published.]

[F7 (5) For the purposes of these Rules, references to Annex III of the Directive are to be read as if—

(a) in point 2(c)(v), the reference to Member States were a reference to the Secretary of State;

(b) in point 2(c)(vi), the reference to Union legislation were a reference to retained EU law.]

Textual Amendments

F1 Words in rule 4(1) substituted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 4 para. 2(a) (with Sch. 6 paras. 7(2), 8(2), 9, 10, 11, 12)

F2 Words in rule 4(1) substituted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 4 para. 2(b) (with Sch. 6 paras. 7(2), 8(2), 9, 10, 11, 12)

F3 Words in rule 4(1) substituted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 4 para. 2(c) (with Sch. 6 paras. 7(2), 8(2), 9, 10, 11, 12)

F4 Words in rule 4 substituted (1.10.2011) by The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085), art. 1(2), Sch. 1 para. 66(a)

F5 Words in rule 4 substituted (1.10.2011) by The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085), art. 1(2), Sch. 1 para. 66(b)

F6 Rule 4(4) inserted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 4 para. 2(d) (with Sch. 6 paras. 7(2), 8(2), 9, 10, 11, 12)

F7 Rule 4(5) inserted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 5(2); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 1991 c. 59.

M2 1980 c. 66.

M3 1981 c. 69, as amended by the Countryside and Rights of Way Act 2000 (c. 37).

M4 Part 1 has been amended by: the Leasehold Reform Housing and Urban Development Act 1993 (c. 28), section 187(1) and Schedule 21, paragraph 29; the Local Government (Wales) Act 1994 (c. 19), sections 18 and 19; and the Environment Act 1995 (c. 25), sections 67 and 78 and Schedule 10, paragraph 32(2) and (3).

M5 1991 c. 57.

M6 1981 c. 67, as amended by the Planning and Compensation Act 1991 (c. 34) and the Planning and Compulsory Purchase Act 2004 (c. 5). There are other amendments not relevant to these Rules.

M7 1962 c. 58, as amended by S.I. 2000/1937.

M8 1998 c. 17.

M9 1990 c. 8, as amended by the Planning and Compulsory Purchase Act 2004 (c. 5). Section 90 was amended by section 16(1) of the Transport and Works Act 1992 (c. 42). There have been other amendments which are not relevant to these Rules.

M10 2003 c. 21.

M11 1995 c. 25.

M12 2000 c. 38.

M13 1986 c. 44, as amended by the Utilities Act 2000 (c. 27), section 76.

M14 1991 c. 22.

M15 S.I. 1987/2197.

M16 1995 c. 21.