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The Transport and Works (Applications, Objections, Listed Buildings, Inquiries and Decisions Procedure) (England and Wales) (Amendment) Regulations 2026

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As published

3 Amendment of the Transport and Works (Inquiries Procedure) Rules 2004

(1) The Transport and Works (Inquiries Procedure) Rules 2004 are amended as follows. (2) In rule 7 (service of statement of case, etc), in paragraph (6), for “12” substitute “10”. (3) In rule 9 (inquiry timetable)— (a) at the end of paragraph (1)(a), omit “and”, (b) after paragraph (1)(a), insert— (aa) propose the date on which the inquiry must close, being no later than the date falling three months after the date on which it commences, and , (c) in the words following sub-paragraph (b), for “of the date so specified” substitute “of the date specified under sub-paragraph (b)”, (d) in paragraph (2), after “the timetable”, in both places where those words occur, insert “and the date on which the inquiry must close”, (e) for paragraph (4), substitute— (4) Where a pre-inquiry meeting is held pursuant to rule 8, the inspector— (a) may arrange a timetable for the proceedings at, or at part of, the inquiry and may at any time vary the timetable; and (b) must set the date on which the inquiry must close, being no later than the date falling three months after the date on which it commences. , and (f) after paragraph (5), insert— (6) The inspector may, with the consent of the Secretary of State, subsequently vary or suspend the date on which the inquiry must close. . (4) In rule 13(9) (date and notification of inquiry), for “date, time and place”, substitute “date, time, the date on which the inquiry must close, and place”. (5) In rule 20 (procedure after inquiry)— (a) in paragraph (1), for “After the close of an inquiry” substitute “By the end of the period of 3 months beginning with the date on which the inquiry is completed”, and (b) after paragraph (3), insert— (3A) The Secretary of State must determine an application by the end of the period of three months beginning with the later of— (a) the date on which the Secretary of State receives the report made pursuant to paragraph (1), and (b) the date on which the Secretary of State receives the last of any additional information requested following receipt of that report. (3B) The Secretary of State must notify the applicant and any objector of the date for determination of the application. . (6) In rule 23 (allowing further time)— (a) renumber the text after the heading as rule 23(1), and (b) after the renumbered paragraph (1), insert— (2) Where the Secretary of State allows further time for the determination of an application, the Secretary of State must notify the applicant and any objector of the revised date for determination of the application. (3) Without prejudice to the generality of paragraph (1), where an applicant directed to pay the costs of the inquiry or hearing pursuant to section 250(4) and (5) (power to direct inquiries) of the Local Government Act 1972 (as modified by section 11(5) and (6)) fails to pay those costs by the date on which payment should have been received in accordance with the direction, the Secretary of State may extend the date for determination of the application by the extended period. (4) In this rule, “the extended period” means the period beginning with the day after that on which the payment should have been received in accordance with the direction issued pursuant to section 250(4) and (5) of the Local Government Act 1972 and ending with that on which the payment is received. .

Your change, as a redline

3 Amendment of the Transport and Works (Inquiries Procedure) Rules 2004

(1) The Transport and Works (Inquiries Procedure) Rules 2004 are amended as follows. (2) In rule 7 (service of statement of case, etc), in paragraph (6), for “12” substitute “10”. (3) In rule 9 (inquiry timetable)— (a) at the end of paragraph (1)(a), omit “and”, (b) after paragraph (1)(a), insert— (aa) propose the date on which the inquiry must close, being no later than the date falling three months after the date on which it commences, and , (c) in the words following sub-paragraph (b), for “of the date so specified” substitute “of the date specified under sub-paragraph (b)”, (d) in paragraph (2), after “the timetable”, in both places where those words occur, insert “and the date on which the inquiry must close”, (e) for paragraph (4), substitute— (4) Where a pre-inquiry meeting is held pursuant to rule 8, the inspector— (a) may arrange a timetable for the proceedings at, or at part of, the inquiry and may at any time vary the timetable; and (b) must set the date on which the inquiry must close, being no later than the date falling three months after the date on which it commences. , and (f) after paragraph (5), insert— (6) The inspector may, with the consent of the Secretary of State, subsequently vary or suspend the date on which the inquiry must close. . (4) In rule 13(9) (date and notification of inquiry), for “date, time and place”, substitute “date, time, the date on which the inquiry must close, and place”. (5) In rule 20 (procedure after inquiry)— (a) in paragraph (1), for “After the close of an inquiry” substitute “By the end of the period of 3 months beginning with the date on which the inquiry is completed”, and (b) after paragraph (3), insert— (3A) The Secretary of State must determine an application by the end of the period of three months beginning with the later of— (a) the date on which the Secretary of State receives the report made pursuant to paragraph (1), and (b) the date on which the Secretary of State receives the last of any additional information requested following receipt of that report. (3B) The Secretary of State must notify the applicant and any objector of the date for determination of the application. . (6) In rule 23 (allowing further time)— (a) renumber the text after the heading as rule 23(1), and (b) after the renumbered paragraph (1), insert— (2) Where the Secretary of State allows further time for the determination of an application, the Secretary of State must notify the applicant and any objector of the revised date for determination of the application. (3) Without prejudice to the generality of paragraph (1), where an applicant directed to pay the costs of the inquiry or hearing pursuant to section 250(4) and (5) (power to direct inquiries) of the Local Government Act 1972 (as modified by section 11(5) and (6)) fails to pay those costs by the date on which payment should have been received in accordance with the direction, the Secretary of State may extend the date for determination of the application by the extended period. (4) In this rule, “the extended period” means the period beginning with the day after that on which the payment should have been received in accordance with the direction issued pursuant to section 250(4) and (5) of the Local Government Act 1972 and ending with that on which the payment is received. .

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