Summary of main proposed changes to TWA procedures

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Introduction

1. Orders under Part I of the Transport and Works Act ("the TWA") are the usual means by which railway and tramway schemes, and certain other types of infrastructure project, are authorised in England and Wales. TWA Orders give the statutory powers that are needed to implement such schemes.

2. The procedures for handling applications for TWA Orders have been reviewed as part of the Government's wider aims to speed up the planning process. The Department for Transport issued two consultation papers on 2 September 2003 (available on the DfT web site) on proposed changes to the relevant statutory procedure rules, and invited comments within 3 months.

3. The proposals on which DfT consulted involve changes to two sets of procedure rules:-

(a) the rules governing the procedure for making applications and objections to them, presently the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000 . These are referred to in this paper as "the Applications Rules"; and

(b) the rules governing the procedure before, during and after a public inquiry, presently the Transport and Works (Inquiries Procedure) Rules 1992. These are referred to below as "the Inquiry Rules".

4. Having considered the comments received (which were generally supportive of the main thrust of the proposals) DfT is now taking forward the changes summarised below, by preparing the Statutory Instruments that are necessary to implement them (these will need to be laid before Parliament before they can take effect). The following paragraphs summarise the main proposed changes, rather than giving a detailed account of every change.

Changes to the Applications Rules

5. The main aim of these proposed changes is to secure a more 'frontloaded' process that encourages fuller consultation before an application and ensures that fuller supporting information is provided with an application. This is in order to reduce the delays that can often arise later in the process through insufficient information or consultation at an earlier stage. It is also proposed to cut down on the amount of paper that has to be circulated; and to tighten up the procedure for exchanging written representations on cases that do not go to an inquiry. The main changes proposed are:-

  • to require applicants to send the Secretary of State, at least 28 days before an application is made, a draft of the proposed Order; and a draft Explanatory Memorandum explaining the purpose and effect of the Order provisions;
  • to require applicants to submit with their applications a summary report of their consultations; an Explanatory Memorandum; and a concise statement of the aims of their proposals;
  • to enable the Secretary of State to require further information where he is not satisfied that adequate information has been provided with an application (such power to be exercised within 28 days of the application);
  • to delete a present requirement for applicants to have to give advance notice of their proposed applications to certain statutory bodies;
  • to provide for the electronic transmission of documents, where the recipient agrees to service by this means;
  • to exempt applicants from having to serve copies of documents that the prospective recipient has confirmed they do not require;
  • to remove some duplication that presently exists in the requirements upon applicants to serve notices on those affected by a scheme, and to update the list of bodies entitled to receive a notice;
  • to provide a suitably disciplined and timetabled 'end to end' process for exchanging written representations in cases that do not go to an inquiry;
  • to make other miscellaneous changes designed to simplify or clarify the rules and remove anomolies.

Changes to the Inquiry Rules

6. The proposed changes to the Inquiry Rules are mainly designed to bring the procedures for TWA inquiries more into line with those applying to inquiries held under the Town and Country Planning Act (which will have the benefit of consistency, especially for linked TWA and planning inquiries) whilst introducing some improvements which should be of particular benefit to TWA inquiries. The main changes proposed are as follows:-

  • to require the Secretary of State to provide, before an inquiry, a statement of the matters about which he particularly wishes to be informed;
  • to give those parties who provide a pre-inquiry statement of their case an opportunity to comment, before the inquiry, on statements provided by others;
  • to provide for the electronic transmission of documents, where the recipient agrees to receive documents by this means;
  • to require an Inspector's proposed timetable for a major inquiry to be agreed in advance with the Secretary of State;
  • for major inquiries only, to enable the Secretary of State to appoint a 'technical adviser' to provide an expert assessment of technical or scientific evidence; and to appoint a 'mediator' to try to resolve differences between parties (subject to prior consultation with affected parties);
  • to enable parties to produce an agreed 'statement of common ground', setting out the factual information on which they are agreed, with the statement then being put before the inquiry;
  • to require parties to provide proofs of evidence not later than 4 weeks before an inquiry, rather than 3 weeks as at present;
  • to exempt applicants from having to distribute documents before an inquiry that the prospective recipient confirms it does not require;
  • to give Inspectors a power to curtail cross-examination which threatens the inquiry timetable; and
  • to enable the Secretary of State to disregard written representations received after an inquiry.

Note

Apart from a few refinements to address particular concerns raised by consultees, the above proposals are substantially in line with those on which the Department consulted at the end of last year. A full explanation of the rationale behind these changes can therefore be found in the two consultation papers issued on 2 September 2003. These are available on the DfT web site, by going to 'DfT consultations', then by using the successive links to 'Transport strategy' and 'Consultation exercise on improving the TWA process.'