The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
| Year | 2006 |
2006 No. 1466
TRANSPORT AND WORKS, ENGLAND AND WALES
TRANSPORT, ENGLAND AND WALES
CANALS AND INLAND WATERWAYS, ENGLAND AND WALES
The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
Made 3rd June 2006
Laid before Parliament 8th June 2006
Coming into force 11th September 2006
The Secretary of State for Transport makes the following Rules in exercise of the powers conferred by sections 6, 6A, 7(3)(b) and (c) and (4) and 10 of the Transport and Works Act 19921. In so far as these Rules relate to Wales they are made with the agreement of the National Assembly for Wales2.
Citation and commencement
1.—(1) These Rules may be cited as the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006.
(2) These Rules shall come into force on 11th September 2006.
Revocation
2. Subject to rule 3, the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 20003(“the 2000 Rules”) are hereby revoked.
Transitional provisions
3.—(1) Where an application has been made under the 2000 Rules before the date of coming into force of these Rules and the Secretary of State has not, before that date, either made an order pursuant to that application or notified the applicant that he has decided not to make such an order, the 2000 Rules shall continue to have effect in relation to that application and these Rules shall not apply in relation to it.
(2) Where these Rules apply to an application but before the making of the application the applicant or the Secretary of State has carried out an action in pursuance of the 2000 Rules which could have been done under a corresponding provision in these Rules, that action will have effect as if it had been carried out under, or in relation to, the corresponding provision in these Rules.
Interpretation and notices
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 19914;
“bridleway” has the same meaning as in the Highways Act 19805;
“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 19816;
“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;
“the Directive” means Council Directive 85/337/EEC7on the assessment of the effects of certain public and private projects on the environment as amended by Council Directive 97/11/EC8and Directive 2003/35/ECof the European Parliament and of the Council9;
“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;
“environmental impact assessment” means an assessment, in accordance with Articles 5 to 10 of the Directive, of the likely impact upon the environment of the implementation of the works included in any order in respect of which an application is being, or is to be, made;
“environmental statement” means a statement that contains—
(a) the information referred to in rule 11(1) ; and
(b) such of the information referred to in Schedule 1 to these Rules as may reasonably be required in order to assess the environmental effects of the proposed works and which the applicant can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile,
and the “applicant’s statement of environmental information” means a statement submitted by an applicant as the environmental statement in relation to his application;
“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 Act10;
“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 199111;
“owner”, in relation to land, has the same meaning as in the Acquisition of Land Act 198112;
“pipe-line owner” means—
(a) any person in whom a pipe-line within the meaning of section 65 of the Pipe-lines Act 196213is 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 199814, 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 199015;
“public communications provider” has the same meaning as in section 151(1) of the Communications Act 200316;
“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 199517);
(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 200018(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 198619;
“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 199120;
“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 198721);
“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 199522;
“universal service provider” has the same meaning as in section 4 of the Postal Services Act 200023and...
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