The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/1466 |
| Year | 2006 |
(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.Subject to rule 3, the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000
(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.(1) In these Rules (unless the context otherwise requires) references to sections are references to sections of the Transport and Works Act 1992 and—in that form;in a version of that form adapted to meet the circumstances of the particular case; orin a form which has substantially the same effect as that form (whether the form is adapted or not) ,(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.(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.a draft of the proposed order; anda draft of the explanatory memorandum,(2) Where an applicant has sent drafts to the Secretary of State in accordance with the provisions of paragraph (1) , but subsequently amends any of those drafts, he shall not be required to send any amended drafts to the Secretary of State before making an application unless the applicant is of the opinion that the changes to the draft substantially alter the nature or effect of the proposed order.the recipient of the notice so served, if so requested in writing by the applicant and subject to the recipient being reimbursed the reasonable cost of so doing, shall provide to the applicant any information which the recipient has and which either the recipient or the applicant considers relevant to a screening decision (if that decision has not yet been made) or to the preparation of an environmental statement; and in the event of the recipient failing to provide such information before the end of the period of 28 days beginning with the date of such request the Secretary of State may (upon being requested to do so by the applicant) direct the recipient to provide the information and the recipient shall, upon receipt of such a direction, provide the information forthwith. (1) Except where the Secretary of State has issued a direction pursuant to paragraph (3) , an applicant shall when making an application submit an F78applicant’s environmental statement with that application in relation to any proposed works which are to be covered by that application, if those works constitute a project which is of a type mentioned in Annex I or, subject to paragraph (2) , Annex II to the Directive.(2) Where the proposed works constitute a project of a type mentioned in Annex II to the Directive an applicant is not required to submit an F79applicant’s environmental statement if the Secretary of State has, under paragraph (13) , notified the applicant that an environmental impact assessment is not required in relation to those works.(3) Where the proposed works comprise or form part of a project serving national defence as its sole purpose, or comprise a project having the response to a civil emergency as its sole purpose, and the Secretary of State considers that the carrying out of an environmental impact assessment of the works would have an adverse effect on that purpose he may direct that an environmental impact assessment of the works is not required and that rule 16 does not apply.(4) Before making an application (other than an application relating to works constituting a project which is of a type mentioned in Annex I to the Directive) , an applicant may make a request in writing to the Secretary of State for a decision as to whether or not an environmental impact assessment of the proposed works covered by the application is required (“a screening decision”) .a plan sufficient to identify the land affected by the works in question;a description of the physical characteristics of the works and, where relevant, of demolition works; anda description of the location of the works, with particular regard to the environmental sensitivity of geographical areas likely to be affected;a description of aspects of the environment likely to be significantly affected by the works; andthe expected residues and emissions and the production of waste, where relevant; andthe use of natural resources, in particular soil, land, water and biodiversity.(5A) An applicant making a request for a screening decision under
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