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

Changes over time for: SCHEDULE 6

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Rule 14(4)

SCHEDULE 6E+W+STHOSE TO BE SERVED WITH NOTICE OF APPLICATION

This schedule has no associated Explanatory Memorandum
(1)(2)
Authority sought for—Those to be served—

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 to these Rules).

1.  For works—

(a)in or adjacent to England, English Nature; 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.  The Crown Estate Commissioners; and (except where the land affected falls within category 17 of Schedule 5 to these Rules) for works—

(a)in England, English Nature; and

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

3.Works affecting the banks or the bed of, or the subsoil beneath, an inland waterway, a canal or inland navigation, or any of the reservoirs, feeders, sluices, locks, lifts, drains and other works comprised in or serving that inland waterway, canal or inland navigation.

3.  Any organisation (other than the Inland Waterways Association and the National Association of Boat Owners) upon which the Secretary of State has required the applicant to serve notice, as appearing to the Secretary of State to represent a substantial number of persons using the inland waterway, canal or inland navigation in question; and (except where the land affected falls within category 17 of Schedule 5 to these Rules) for works—

(a)in England, English Nature; and

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

4.  Works affecting an area under the control of a harbour authority as defined in section 57(1) of the Harbours Act 1964 M1.

4.  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.

5.  Works which would, or would apart from the making of an order, require a consent to the discharge of matter into waters or onto land under Chapter 2 of Part 3 of the Water Resources Act 1991 M2.

5.  The Environment Agency.

6.  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.

6.   

(i)For works—

(a)in England, [F1the relevant highway authority]; and

(b)in Wales, the National Assembly for Wales.

(ii)The relevant highway authority.

7.  The construction of a transport system involving the placing of equipment in or over a street (except a level crossing).

7.  Owners and occupiers of all buildings which have a frontage on, or a private means of access which first meets the highway at, the part of the street in or over which equipment is to be placed, other than those on whom a notice has been served pursuant to rule 15(1).

8.  Works affecting any land on which there is a theatre as defined in section 5 of the Theatres Trust Act 1976 M3.

8.  The Theatres Trust.

9.  The modification, exclusion, amendment, repeal or revocation of 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.

9.  The person upon whom such protection or benefit is conferred, or the person currently entitled to that protection or benefit.

10.  The compulsory purchase of ecclesiastical property (as defined in section 12(3) of the Acquisition of Land Act 1981 M4).

10.  The Church Commissioners.

11.  Works in Greater London or a metropolitan county.

11.  The relevant Fire and Rescue Authority within the meaning of Part 1 of the Fire and Rescue Services Act 2004 M5 and the relevant Police Authority within the meaning of Part 1 of the Police Act 1996 M6.

12.  The right to monitor, survey or investigate land (including any right to make trial holes in land).

12.  Every owner and occupier of the land, other than an owner or occupier named in the book of reference as having an interest or right in or over that land.

13.  Works or traffic management measures that would affect services provided by a universal service provider in connection with the provision of a universal postal service and relating to the delivery or collection of letters.

13.  Every universal service provider affected.

14.  Works in an area of coal working notified to the local planning authority by the British Coal Corporation or the Coal Authority.

14.  The holder of the current licence under section 36(ii) of the Coal Industry Nationalisation Act 1946 M7 or under Part 2 of the Coal Industry Act 1994 M8.

15.  Works for which an environmental impact assessment is required.

15.  For works—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in Wales, the Design Commission for Wales.

16.  The compulsory acquisition of land, or the right to use land, or the carrying out of protective works to buildings.

16.  Any person, other than a person who is named in the book of reference described in rule 12(8), whom the applicant thinks is likely to be entitled to make a claim for compensation under section 10 of the Compulsory Purchase Act 1965 M9 if the order is made and the powers in question are exercised, so far as he is known to the applicant after making diligent inquiry.

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