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

4 Amendment of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

(1) The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 are amended as follows. (2) In rule 4(1) (interpretation and notices)— (a) in the definition of “expiry date for objections”— (i) for “a date” substitute “a working day”, and (ii) for “42 days” substitute “30 days (in relation to England) or 42 days (in relation to Wales)”, (b) in the definition of “operative date”, for “28” substitute “14”, and (c) after the definition of “universal service provider”, insert— “working day” means a day other than Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971; . (3) After rule 4, insert— Pre-application consultation 4A (1) Where a proposed application includes a request for— (a) a deemed marine licence under section 19A(1); or (b) a deemed marine licence under section 19A(3), the applicant must consult the bodies identified in paragraph (2) before submitting pre-application documents pursuant to rule 5. (2) The bodies referred to in paragraph (1) are— (a) in respect of sub-paragraph (a), the Marine Management Organisation; and (b) in respect of sub-paragraph (b), Natural Resources Wales. . (4) In rule 5 (pre-application draft order and explanatory memorandum), after paragraph (1) insert— (1A) Where the draft of the proposed order referred to in paragraph (1)(a) includes provision deeming a marine licence to have been issued under Part 4 of the Marine and Coastal Access Act 2009, the applicant must send to the Marine Management Organisation (in relation to England) or Natural Resources Wales (in relation to Wales), a draft of the proposed marine licence not later than 28 days before making an application. . (5) In rule 10 (documents accompanying application)— (a) after paragraph (6), insert— (6A) Paragraph (6B) applies where the applicant seeks— (a) a direction from the Secretary of State under section 17 that listed building consent for the works is deemed to be granted; or (b) a direction from the Welsh Ministers under section 17A that— (i) listed building consent for the works is deemed to be granted; or (ii) conservation area consent for the works is deemed to be granted. (6B) The applicant must submit with the application— (a) a request in writing specifying the works for which the direction for such consent is sought; (b) a statement of any proposed conditions; (c) in respect of a direction under section 17, a design and access statement in accordance with regulation 3A of the Planning (Listed Buildings and Conservation Areas) Regulations 1990; (d) in respect of a direction under section 17A, a heritage impact statement in accordance with regulation 4 of the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024; and (e) such plans, drawings and other information as have not otherwise been submitted with the application and which are necessary to describe the works which are the subject of the request for the direction. , and (b) after paragraph (7), insert— (7A) Where the applicant seeks to include in the order provision deeming a marine licence to have been granted under section 19A (deemed consent under marine licence), the applicant must submit with the application— (a) a request in writing specifying the development for which the marine licence is sought; (b) a statement of any proposed conditions; and (c) such further documents as have not otherwise been submitted with the application and which are necessary to support the request for the deemed marine licence. . (6) In rule 14(5)(d) (publicity for application), for the words from “paragraph (6)” to “sought” substitute “any of paragraphs (6) to (7A) of rule 10 apply, a statement that the applicable permission, consent or licence as the case may be has been sought”. (7) In rule 21 (objections and other representations: general)— (a) in paragraph (2), for “42 days” substitute “30 days (in relation to England) or 42 days (in relation to Wales)”, and (b) after paragraph (2), insert— (2A) Where the 30 or 42 day period, as the case may be, identified in paragraph (2) ends on a day other than a working day, the relevant date is the next working day. . (8) After rule 22, insert— No objections or other representations received 22A (1) Where— (a) no other representation complying with rule 21(1) or (2) is received; and (b) either— (i) no objection complying with rule 21(1) or (2) is received; or (ii) it appears to the Secretary of State that each objection received which complies with rule 21(1) or (2) is of a type mentioned in section 10(3)(a) or (b), this rule applies. (2) The Secretary of State must determine the application by the end of the period of three months beginning with the later of— (a) the expiry date for objections; and (b) the date on which the Secretary of State receives the last of any additional information requested following the expiry date for objections. (3) The Secretary of State must notify the applicant of the date for determination of the application. (4) Where paragraph (1)(b)(ii) applies, the Secretary of State must also notify each objector— (a) that the objection appears to the Secretary of State to be of a type mentioned in section 10(3)(a) or (b); and (b) of the date for determination of the application. Withdrawal of objections and other representations 22B (1) This rule applies where all objections and other representations complying with rule 21(1) or (2) which have been received are withdrawn before the operative date. (2) Where paragraph (1) applies, the Secretary of State must determine the application by the end of the period of three months beginning with the later of— (a) the date on which the last objection or other representation was withdrawn; and (b) the date on which the Secretary of State receives the last of any additional information requested following that withdrawal. (3) The Secretary of State must notify the applicant of the date for determination of the application. . (9) In rule 24 (procedure by written representations)— (a) in paragraph (1), for “Where none of the steps mentioned” substitute “Where rules 22A or 22B do not apply, and none of the steps mentioned”, (b) in paragraph (2), for “28” substitute “14”, (c) in paragraph (3), for “7” substitute “5”, (d) in paragraph (4), for “21” substitute “14”, (e) in paragraph (6), for “7” substitute “5”, (f) after paragraph (10), insert— (10A) Where this rule applies, the Secretary of State must determine an application by the end of the period of three months beginning with whichever is the latest of— (a) the date on which the Secretary of State is satisfied under paragraph (5) that there is sufficient information to enable a decision to be made; (b) the date on which the Secretary of State is satisfied under paragraph (8) that neither sub-paragraph (a) nor (b) of that paragraph applies; or (c) the date on which the Secretary of State decides that no further opportunity to comment should be given to the applicant or to an objector. (10B) The Secretary of State must notify the applicant and any objector of the date for determination of the application. , and (g) after paragraph (12), insert— (13) Where the 5 day period identified in paragraphs (3) and (6) ends on a day other than a working day, the relevant date is the next working day. . (10) After rule 25 (submission of written objections and other representations to inquiry or hearing), insert— Determination following hearing 25A (1) This rule applies where the Secretary of State has given an objector an opportunity of appearing before and being heard by a person appointed pursuant to section 11(2). (2) The Secretary of State must determine the 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 of the person appointed; and (b) the date on which the Secretary of State receives the last of any additional information requested by the Secretary of State following the hearing. (3) The Secretary of State must notify the applicant and any objector of the date for determination of the application. Procedure following quashing of decision 25B (1) Where a determination of an application is quashed in proceedings before any court, the Secretary of State— (a) must send to the applicant and those persons who submitted objections a written statement of the matters with respect to which further representations are invited for the purpose of further consideration of the application; and (b) must afford to those persons the opportunity of making written representations in respect of those matters. (2) Any persons making representations under paragraph (1)(b) must submit such representations to the Secretary of State within 3 weeks of the date of the written statement sent under paragraph (1)(a). . (11) In rule 26 (power to set later time limits)— (a) renumber the text after the heading as rule 26(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. . (12) In Schedule 2 (forms of notice)— (a) in Form 1, in the paragraph starting “*[The application will contain/contains”, after “deemed planning permission]” insert “, [a deemed listed building [and conservation area] consent], [a deemed marine licence]”, and (b) in Form 5, in the paragraph starting “Where an objection is made”— (i) after “opportunity to be heard” insert “if the Secretary of State considers that the objection is serious enough to merit such treatment”, and (ii) omit from “However, this rule” to the end of the paragraph. (13) In Schedule 5 (those to be served with a copy of the application and documents)— (a) after row 1, insert— 1A. Works within English tidal waters that would require a licence under Part 4 of the Marine and Coastal Access Act 2009 . | 1A. The Marine Management Organisation. 1B. Works within Welsh tidal waters that would require a licence under Part 4 of the Marine and Coastal Access Act 2009. | 1B. Natural Resources Wales. , (b) in column (2) of row 14, for “the National Assembly for Wales and the Royal Commission on Ancient and Historical Monuments in Wales” substitute “the Welsh Ministers, the Royal Commission on Ancient and Historical Monuments in Wales and the relevant planning authority”, (c) in column (2) of row 15, for “the National Assembly for Wales” substitute “the Welsh Ministers and the relevant planning authority”, (d) in column (1) of row 16, after “section 8C of the Historic Buildings and Ancient Monuments Act 1953” insert “or section 192 of the Historic Environment (Wales) Act 2023”, and (e) in column (2) of row 16, for “the National Assembly for Wales” substitute “the Welsh Ministers and the relevant planning authority”. (14) In Schedule 6 (those to be served with notice of application), after row 16, insert— 17. Works— (a) affecting a building listed under Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990; (b) affecting a building listed under Part 3 of the Historic Environment (Wales) Act 2023; (c) for the demolition of any building in a conservation area designated under Part 4 of the Historic Environment (Wales) Act 2023. | 17. In respect of works under (a), a person who is— (a) an owner of the freehold estate; or (b) entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired. In respect of works under (b) and (c), a person who is— (a) an owner of the freehold estate; or (b) a tenant under a lease granted or extended for a fixed term that has at least seven years left to run. 18. Works affecting a building listed under Part 3 of the Historic Environment (Wales) Act 2023 where the application is for the demolition of a listed building, or partial demolition of a listed building. | 18. The bodies listed in regulation 9(3) of the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024 . . (15) In paragraph 11 of Schedule 7 (proposals for Orders under section 7)— (a) renumber paragraph 11 as paragraph 11(1), (b) in the renumbered paragraph 11(1)(d), for “42 days” substitute “30 days (in relation to England) or 42 days (in relation to Wales)”, and (c) after the renumbered paragraph 11(1), insert— (2) Where the 30-day period, or 42-day period, as the case may be, identified in sub-paragraph (1)(d) ends on a day other than a working day, the relevant date is the next working day. .