Guidance

Transport and Works Act orders: a brief guide

Updated 14 July 2023

Introduction

An order made under the Transport and Works Act 1992 (the TWA) is the usual way of authorising schemes mainly for new railways or tramways in England and Wales.

Nationally significant rail schemes in England, however, require development consent under the Planning Act 2008.

Applications for TWA orders are made, in England, to the relevant Secretary of State. In Wales, they are made to the Welsh ministers through Planning and Environment Decisions Wales (PEDW). Where schemes cross the border between England and Wales, TWA orders are decided by the relevant Secretary of State.

Applications are made by (or on behalf of) the promoters of the scheme. The procedure that must be followed allows any interested person to have their say before the Secretary of State or the Welsh ministers take their decision.

Schemes that are submitted for approval under the TWA may, for example, give rise to objections from people whose property or business is affected, or who may be concerned about the effect on the local environment.

The purpose of the procedure is to allow the Secretary of State, or the Welsh Ministers, to come to an informed view on whether it is in the public interest to make the TWA order. They consider each application carefully and without bias, and make decisions only after considering all the comments made – sometimes through a public inquiry. They can make TWA orders (with or without amendments) or they can reject them.

This guide takes you through the TWA procedure and is mainly for the benefit of those who want to take part in the procedure, or who are considering whether to do so. The good practice tips for applicants goes into further detail on what applicants should do in preparing and submitting their applications.

The rules about how application documents are submitted, served and shared in the TWA process were revised in August 2023. See Application communication.

If you need more guidance on the procedure or an explanation of any issue outlined here, you can contact the transport and works act team. We cannot discuss the merits of any particular case or give any indication of what the decision might be.

Although we have made every effort to make sure that this guidance is accurate, it is not legally binding. If you want to take part in the TWA process, you may wish to consider seeking your own legal advice before doing so.

General overview of TWA orders

Orders under the TWA can relate to the construction or operation of the following kinds of transport system:

• railways and tramways
• externally guided buses, monorails and certain other types of guided transport
• trolley vehicle systems

They can also relate to:

• the construction or operation of an inland waterway
• certain types of works that interfere with rights of navigation in waters up to the limits of the territorial sea including, for example, bridges, piers, barrages and tunnels

Promoters often need a range of powers to put their scheme into practice. Matters that can be authorised by a TWA order include:

• powers to construct, alter, maintain and operate (or transfer the operation of) a transport system or inland waterway
• powers to carry out and use works that interfere with navigation rights
• compulsory powers to buy land and take temporary possession
• the right to use land on short-term arrangements or long-term provisions (for example, for access or for a work site)
• amendments to, or exclusion of, other legislation
• the closure or alteration of roads and footpaths
• provision of temporary alternative routes
• safeguards for public service providers and others
• transfers of undertakings
• powers for making bylaws or introducing penalty fares

These are only typical examples and not a full list. The powers applied for must be relevant to the scheme. They may relate to matters that are necessary to support the scheme. For example, providing a park-and-ride site in connection with a new tramway or guided bus scheme.

Putting the scheme into practice could affect people’s enjoyment of their property and affect the environment. Because of this, applications for TWA orders have to follow a set procedure that allows people to give their views on the proposals.

The TWA does not limit who can apply for an order. This can be private companies and public authorities. Typical TWA order applicants include:

• Network Rail
• passenger transport executives
• London Underground
• local authorities
• private operators of heritage and leisure railways
• private companies wanting to develop guided transport schemes or works that interfere with navigation rights

Role of the Transport Infrastructure Planning Unit

We receive objections and other letters on behalf of the Secretary of State for Transport and carry out the subsequent procedures on their behalf.

We are unbiased and deal with the TWA order applicant, objectors and supporters neutrally. We aim to make sure that the procedures are carried out fairly and properly.

We can offer guidance on the procedures, but we cannot discuss the merits of a case.

The decision-maker

In England, it is the relevant Secretary of State who decides whether or not to make an order. For example, if the scheme is for a transport purpose, this would be the Secretary of State for Transport. For tidal power projects, this would be the Secretary of State for Environment, Food and Rural Affairs.

Public notices, published before and after an application is made, indicate which Secretary of State will make the decision.

Planning permission and other consents

A TWA order does not in itself grant planning permission. The organisation applying for the order can ask the Secretary of State to grant planning permission for any development described in the order.

The Secretary of State would only grant planning permission if they decided to make the TWA order and would grant that permission simultaneously. Conditions may be attached to the planning permission.

The organisation applying for a TWA order may separately apply for planning permission, to the local planning authority (usually the district or unitary council).

Planning permission may not be needed for the likes of replacing railway and tramway tracks on an existing transport system.

Sometimes a scheme requires another type of consent as well as a TWA order, such as a listed building consent or a conservation area consent. In this case, the organisation applying for the TWA order would apply for these additional consents at the same time.

Where the different (but related) applications require decisions from different secretaries of state, the government departments involved liaise to make sure the whole process is coordinated.

Applications and objections

The application process

Applications for TWA orders, and objections to them, must follow the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (‘the rules’).

The rules specify the documents needed when applying for a TWA order. These vary according to the type of order. The typical documents needed for a proposal involving works are:

• a draft order and an explanatory memorandum
• a concise statement of the aims of the proposals
• a report summarising the consultations carried out by the applicant
• plans and cross-sections
• an environmental statement
• a book of reference, which includes names of owners and occupiers of land to be bought compulsorily and other affected land rights
• the estimated costs of the proposed works
• the funding arrangements

During the objection period, the application documents will be available online via a link from TWA applications and decisions . The organisation applying for the order (‘the applicant’) also has to arrange for these documents to be available for inspection by the public, free of charge.

Details are given in the notices about the scheme, where application documents can be inspected. You can request your own paper copy from the applicant for which there may be a charge.

When an organisation applies for a TWA order, it must advertise this in local newspapers. If the scheme involves works, notices must be posted at the site and along the route of the works.

They must send a notice direct to all owners and occupiers affected by the compulsory purchase of property and to certain other people and organisations set out in the rules.

For a scheme that is large or important, it is likely to be covered in the local press. There may also be local meetings or exhibitions.

Objecting to an application for a TWA order

The notices of the application give a date by which you should send any objections, or other comments, to the Secretary of State. Email and postal addresses are also provided.

The time allowed for objections or other comments will be at least 6 weeks from the date of the application. This is known as the ‘objection period’. This period may be extended, for example, to allow for a public holiday.

If you object, your objection must:

• give the reasons for your objection
• be in writing (by email or post)
• say who is making the objection
• give an email or postal address to which further correspondence may be sent
• be received by the Secretary of State before the end of the objection period

In the interests of fairness, we must send a copy of your objection to the applicant. We may also let others have a copy if they ask for it. If the case goes to a public inquiry, your objection is sent to the Inspector holding the inquiry. It is also made available for inspection in a library of inquiry documents.

We will write to you to let you know we have received your objection and give you a reference number. We keep details of your objection on a database, which we only use for correspondence in connection with the TWA order application.

You may send petitions against an application to the transport and works act team.

Petitions are treated as one objection made by the person or group organising the petition while individually signed letters are accepted as individual objections. Identical letters signed by different people received in the same post or via the same email will be treated the same as a petition.

TWA order applications are decided entirely on the merits of the arguments and not by comparing the numbers of objection and support letters received.

The Secretary of State may be prepared to accept an objection made after the end of the objection period, but would not wish to delay the procedures. As a late objector, you may fail to access guidance given at different stages of the procedures. You may also risk losing some of the benefits of being a statutory objector.

You are advised to make any objection within the objection period – in your own interests and in fairness to others involved.

All objections and other comments are carefully considered before a decision is taken on a TWA order, though clearly trivial or frivolous ones may be disregarded. The outcome is not a foregone conclusion. Orders may be rejected or amended as a result of objections, or have conditions attached to a related planning permission.

Statutory objectors

A statutory objector is normally someone whose land, or rights in land, may be bought compulsorily under the TWA order, and who makes an objection in line with the rules. This could be an owner, a lessee, an occupier or a tenant of the land (or any building on it).

Any local authority for the area in which any works would be carried out would also be a statutory objector if they made objections to the application.

If you are a statutory objector, the following rights apply:

• you can, if you wish, have your objection heard before a person appointed by the Secretary of State. We will ask you about this when we acknowledge your objection. However, you cannot be heard privately. If necessary the Secretary of State will arrange for either a public inquiry or a less formal (but still public) hearing
• if a public inquiry is held, whether or not you asked for one, you are entitled to speak at it
• you can require the Inspector to carry out a site visit during or after an inquiry, accompanied by you or your representative and at least one representative of the applicant. Inspectors do, however, make at least one site visit as a matter of course
• if you are successful (or partly successful) in opposing the proposed compulsory purchase of your land, you are usually awarded your costs

Compensation for compulsory acquisition

If you own property that may be bought compulsorily or acquired temporarily under the TWA order (that is, you are a statutory objector), you will likely be eligible for compensation. If your property will be affected by the proposed scheme but will not be bought compulsorily, you may also be eligible for compensation.

You are broadly entitled to the amount you would have received by selling the property on the open market if the scheme had not been proposed. You are also entitled to compensation for any reasonable expenses (such as conveyancing and removals costs) or losses (to a trade or business) incurred as a direct result of the compulsory purchase. Objections to the amount of compensation to be paid cannot be taken into account in the decision on a TWA order. Disputes on these matters are dealt with outside the TWA process.

The operation of the proposed scheme may cause physical effects (such as noise, vibration, smell, fumes or lighting) that lower the value of your property, even though there are no proposals to buy your property compulsorily. In this case, you may be able to claim ‘injurious affection’ and/or a obtain grant for noise insulation.

If your property is being bought compulsorily or acquired temporarily under the TWA order, we recommend you seek professional advice. In addition, the Department for Levelling Up, Housing and Communities has provided further guidance on the compulsory purchase process.

Supporting a TWA order

You can support a TWA order application in exactly the same way as you can object to it. You should provide the same information, and in the same way, as is set out in Objecting to an application for a TWA order.

As long as you meet those requirements, your letter will be considered as part of the TWA process. A copy is sent to the applicant and may be disclosed to others.

If you support a scheme, generally, but object to a part of it that affects your own interests, your letter is treated as an objection.

Occasionally, comments are expressed in a neutral way — perhaps raising a query on the effect of part of an order or making a number of points that do not seem to support or oppose an order. These letters are considered part of the application process in the same way as any objection and support letters.

Statutory time limits

So that the procedures are disciplined, there are time limits for the various steps that the Secretary of State and everyone else involved have to follow. These are set out in the Applications and Objections Procedure Rules and – if a public inquiry is held – in the Transport and Works (Inquiries Procedure) Rules 2004.

The statutory deadlines make sure that progress can be made without either side using unfair tactics to delay the procedure. Any participant who is deliberately uncooperative regarding deadlines or procedures may be liable to pay the costs incurred by other parties as a result of this behaviour.

The rules concerning the public inquiry are modelled on the ones used for planning inquiries and allow all sides to take part in an efficiently run inquiry.

Next steps

The end of the objection period

If there is no opposition to the application, the Secretary of State can proceed to give their decision.

If an application has objections, the Secretary of State is required to decide, within 28 days of the end of the objection period, whether to hold a public inquiry or a hearing, or whether to carry out exchanges of written representations between everyone involved.

The Secretary of State may decide to extend that 28-day period if there is good reason to do so. For example, applicants sometimes ask to be given more time to negotiate with objectors, to see if they can persuade them to withdraw their objection (which might affect the choice of procedure).

If there are many objections, or the case raises complicated issues, the Secretary of State is likely to arrange for a public inquiry to be held by an Inspector. A public inquiry will also be held where a statutory objector exercises their right to be heard because they oppose compulsory purchase.

A hearing is a less formal alternative to a public inquiry. It is more like a round-the-table discussion.

If there are not many objectors or no statutory objector wants to be heard, and the case does not appear to raise complicated issues, the Secretary of State is likely to carry out exchanges of written representations.

Once the Secretary of State has decided which procedure to follow, we write and tell the applicant, the objectors and any other people who have made comments.

If an inquiry or hearing is to be held, the applicant advertises the date, time and venue in local newspapers.

Public inquiries

A public inquiry is a structured way to allow everyone involved to present their case in person and to test the arguments of other people. Public inquiries are led by the Planning Inspectorate on behalf of the Secretary of State.

Some people, like the applicant and statutory objectors, are entitled to give evidence and to cross-examine other people. Anyone else can do so with the Inspector’s permission. Inspectors normally allow anyone who has something relevant to say to speak.

The procedures before and during the inquiry are explained further in How public inquiries work. The procedures before the inquiry are designed to make sure everybody can exchange as much information as possible before the inquiry opens. This allows the inquiry to focus on the main issues in dispute.

Inquiries are held at a suitable local venue, although with schemes affecting a very wide area, it might be necessary to hold the inquiry at several venues. Alternatively, inquiries could take place virtually (online) where considered appropriate.

The Secretary of State considers that the method by which public inquiries are conducted (within the requisite requirements and procedures governing their conduct) is a matter for the Inspector.

Inspectors will take decisions about whether and how virtual hearings should proceed and will consider the practical measures needed to ensure fair participation.

Hearings

The Secretary of State may arrange a hearing instead of an inquiry. Hearings are still held in public but they are usually like a round-the-table discussion, led by the Inspector. They should allow everybody to present their case in a less formal atmosphere than at an inquiry. As with an inquiry, the Inspector provides a report giving recommendations to the Secretary of State afterwards.

However, a hearing is unlikely to be suitable where:

• many people are involved
• there are complicated technical issues that are likely to need testing by cross-examination

As there are likely to be very few TWA cases that a hearing will be suitable for, we have not provided detailed guidance on the procedure. If a hearing were to be held, we would write to everybody involved to let them know about the procedure.

Written representations

If there are relatively few objections, and no statutory objector wishes to use their right to be heard, the Secretary of State may deal with the application based on written submissions alone. The applicant and objectors are each invited in turn to comment in writing on the other’s arguments. This usually provides a quicker route to a decision and is less costly and time-consuming.

We inform everyone involved that we are processing the case in this way and ask the applicant to provide comments on each objection within 28 days. We then send the applicant’s comments to the objectors, who have 21 days to provide any further comments (we may also let others have a copy if they ask for it with good reason). If the objectors have no further comments to make, the Secretary of State may proceed to decide the application.

If any objector provides further comments, the applicant is given a further opportunity to respond. If the applicant does not want to add anything else, the procedure then closes (unless the Secretary of State requires further information). If, however, the applicant raises any new matters, we would send these to the objectors, setting a deadline for further comment.

The Secretary of State will not want the process to last any longer than necessary by carrying out endless exchanges and may decide to end the process if it is considered that all the information needed to come to a decision has been received.

Any comments received outside the specified time limits may be disregarded.

Use of email

When sending letters and other documents under the procedure rules, any interested party and the applicant can do this by email or other electronic means. The applicant is also able to serve documents in an electronic form and publicly share documents relating to an application by placing them on a website, subject to meeting certain requirements, such as providing the address for the website.

If you receive a document electronically, but find it unsuitable (for example, you have difficulty reading or printing it), you can ask the Transport Infrastructure Planning Unit or the applicant (for which there may be a charge) to send you a printed copy.

How public inquiries work

Appearing at a public inquiry

When we acknowledge your objection or comment, we ask if you would like to appear and present spoken evidence at an inquiry if one is held.

If you tell us that you would, and an inquiry is held, we ask you to provide a written statement of case within 6 weeks.

If you decide later that you do not want to appear at the inquiry, you can still send more written evidence to the Inspector in accordance with any timescale or procedure that has been set.

For other than very short inquiries, a Programme Officer is usually appointed to help the Inspector in preparing for the inquiry, including recording and sending out inquiry documents, and to assist the Inspector at the inquiry itself. The Programme Officer is appointed by the applicant. Once appointed, the Programme Officer works for the Inspector and is, therefore, required to act neutrally.

Statements of case

A statement of case is a written statement containing full details of the case that you want to present to the inquiry. This should include a list of any documents (or relevant extracts if the documents are long) that you intend to refer to or give as evidence and copies of those documents.

You must send your statement of case to the transport and works act team and to the applicant, who makes all statements of case available for inspection (we would provide their contact details in our request for a statement of case).

In turn, you will receive a copy of the applicant’s statement of case. Anybody who is asked to provide a statement of case and who does so is entitled to appear at the inquiry. It is common practice with TWA inquiries for documents such as statements of case (including the name and postal address of those who have submitted them) to be published on an inquiry website and they will always be shared with the Inspector.

If you wish to comment on somebody else’s statement, you can do so at any time up to 6 weeks before the inquiry opens. You should send any further comments to the transport and works act team, the applicant and the person whose statement you are commenting on (if that is not the applicant). Alternatively, you may make additional comments in a proof of evidence or at the inquiry itself.

The purpose of this pre-inquiry exchange of statements of case is to allow all parties to familiarise themselves with the other side’s arguments so that everybody is well prepared for the inquiry.

If you consider that you have already set out your case in full in your objection letter, you could ask for your objection letter to be treated as your statement of case. Bear in mind that the fuller the statements of case, the more this helps the inquiry. There is nothing to be gained from deliberately withholding arguments or evidence until the inquiry opens. The Inspector may also request further information about what you have written in your statement of case.

Pre-inquiry meeting

Where a TWA inquiry is likely to run for some time, the Inspector will probably wish to hold a pre-inquiry meeting. This is usually held at the same venue as the inquiry or can be held virtually if appropriate. It normally takes place a couple of months before the inquiry opens, although this can vary. We will provide details of the meeting to anyone who has said they wish to appear at the inquiry.

The meeting is mainly to discuss the practical arrangements for the inquiry and to set an inquiry programme. There can be no discussion at the meeting of the merits of the application or of any related consents.

Anyone who intends to appear at the public inquiry is invited to attend this meeting and they will find it helpful to do so. It also helps the Inspector to plan the inquiry if they know who wants to speak about which issues, whether they will call witnesses, how long their evidence may take and so on. The inquiry Programme Officer circulates an agenda for the pre-inquiry meeting beforehand.

After the pre-inquiry meeting has been held, the Inspector will send out a note setting out the most significant points of the meeting.

Statement of matters

Before the inquiry, the Secretary of State provides a list of the issues that they particularly want to be informed about to come to a decision. This is known as a statement of matters.

The Inspector is expected to make sure that these matters are examined and reported on. But this does not prevent the Inspector from hearing evidence on any other matters they consider relevant.

We send the statement of matters to those who want to appear at the inquiry and to all statutory objectors. If you do not receive a copy, you can get one from us or from the inquiry Programme Officer.

Proofs of evidence

Often, people who plan to speak at an inquiry wish to read from a prepared statement, known as a proof of evidence. Unlike a statement of case, this sets out word-for-word what somebody plans to say. If you intend to produce a proof of evidence, you must send it to the Inspector and to the applicant no later than 4 weeks before the inquiry opens (or any later date that the Inspector may specify).

If your proof of evidence is longer than 1,500 words, you must send with it a written summary. You must also enclose a copy of any documents you have mentioned in it (or relevant extracts) unless these have already been supplied with your, or somebody else’s, statement of case.

The reason for this arrangement is to save time at the inquiry. It means that people who had previously planned to read out a long prepared statement need only read out a summary of it (you can only read out the summary unless the Inspector allows otherwise). The contents of the long prepared statement should instead be included in the proof of evidence.

Since the full proofs of evidence are available for inspection before and during the inquiry, they are treated as though they have been given in evidence and questions may be asked on them. In this way, nobody is disadvantaged.

Arrangements for sending in proofs of evidence are usually discussed at the pre-inquiry meeting.

The applicant must make all proofs of evidence and summaries available for inspection. Applicants are also required to send a copy of their proof of evidence and summary to any statutory objector and to anyone else who has provided a statement of case.

Statements of common ground

Statements of common ground can set out the factual matters that the applicant and any other participant in the inquiry agree upon. The applicant and the other participant produce them jointly. There is no requirement for anyone to produce a statement of common ground, but they can help to shorten proofs of evidence and inquiries by focusing on the issues which are really in dispute.

They should be received by the Inspector at least 4 weeks before the inquiry starts.

Inquiry procedures

Public inquiries for TWA applications must follow the Transport and Works (Inquiries Procedure) Rules 2004.

The procedure to be followed at the inquiry is largely for the Inspector to decide. The Inspector will want to make sure the inquiry is run efficiently and effectively, and that those who want to present evidence are given a fair opportunity to have their say.

The Inspector sets the order in which evidence is given and questions are asked. However, the applicant normally begins and has the final right of reply.

The Inspector may refuse to allow somebody to give evidence or to cross-examine if this appears to the Inspector to be irrelevant or repetitive. The Inspector may also ask any person behaving in a disruptive way to leave. In either situation, the person affected may give written evidence before the inquiry closes.

The Inspector has the power to adjourn (suspend) the inquiry if necessary – for example, if somebody needs time to consider some newly presented evidence. The Inspector then announces when and where the inquiry will reopen.

Nobody has to be represented at an inquiry by a solicitor or any other professional representative. It is up to you whether you think a solicitor could help you to present your arguments more effectively.

Inspectors are used to hearing evidence from unrepresented individuals, some of whom are not used to speaking at a public inquiry. Their concern is with the merits of the arguments rather than with who makes them. Whoever gives evidence is advised to:

• stick to the point
• be as brief as possible
• avoid repeating points that have already been made
• make sure their evidence is relevant to the topic that is being discussed

You should contact the Programme Officer who can tell you when it will be your turn to give evidence. The Programme Officer also lets you know about any changes to the timetable.

The Inspector may visit the site alone before or during the inquiry. The Inspector may also, during or after an inquiry, visit a site with a representative of the applicant and any statutory objector (and must do so if those people ask them to do so). However, the merits of the case cannot be discussed during a site visit.

If you decide before the inquiry ends that you want to add more evidence, you may do this in writing or, with the permission of the Inspector, orally.

You may wish to provide a closing submission summarising your arguments to the Inspector, which will help them to write their report. We strongly encourage you to present your full arguments during the inquiry wherever possible. However, on very rare occasions it may be necessary to present more arguments or evidence after the inquiry has closed. In such an event, you must contact the Secretary of State (via the transport and works act team rather than the Inspector).

The Secretary of State has the power to disregard any representations received after the inquiry. If, however, they consider that the new evidence is important enough to affect the decision, they would give others who appeared at the inquiry an opportunity to comment on it. In certain circumstances, the inquiry may be reopened, although this is very unusual.

You are free to withdraw your objection at any time up to the decision. This can often arise as a result of negotiations with the applicant. If the inquiry is still running, you should tell the Inspector. If it is after the inquiry, you should tell us as soon as possible.

The Inspector’s report

Once the Inspector has formally closed the inquiry, they write a report to the Secretary of State. This summarises the arguments presented and gives the Inspector’s conclusions and recommendations.

There is no hard and fast rule for how long it takes an Inspector to write a report, as this depends on how complicated the case is and the duration of the inquiry.

Planning permission and other consents at the inquiry

If the TWA order application comes with a request for planning permission, this is considered at the same public inquiry.

The Inspector will wish to hear evidence about the planning merits of the scheme and about any conditions that should be set. The report will include conclusions and recommendations on:

• whether planning permission should be given
• what conditions should be set if permission is given

The inquiry may also consider any other related applications, such as an application for listed building consent or conservation area consent.

An Assessor (who may be another Inspector) may be appointed to advise the Inspector about these consents at the inquiry. If so, the Assessor may ask questions at the inquiry and write a report to the Inspector afterwards on whether the consents should be given.

Claiming costs

Those who take part in an inquiry are normally expected to meet their own costs. However, there may be limited exceptions. Information is set out in a pamphlet – Transport and Works Act 1992 Public Inquiries and Hearings Cost Awards – A Guide for Applicants and Objectors. If you require a copy, contact the transport and works act team.

The decision stage

The Secretary of State’s decision

The decision stage is reached when one of the following occurs:

• the Inspector has reported to the Secretary of State following an inquiry or hearing
• the written representations procedure has ended
• all objections have been withdrawn

The Secretary of State then considers what decision to take on the TWA order application based on:

• the Inspector’s report, if an inquiry or hearing took place
• local and national planning policy
• the need for the scheme
• any impacts upon the surrounding environment or communities and any proposed mitigations
• whether the scheme can reasonably be funded
• whether compulsory acquisition (if proposed) is justified

At this stage, the Secretary of State should usually have enough information to decide the application (and any associated request for a planning permission). If so, they come to a decision and set out the reasons for it in a decision letter. This is sent to the applicant and to other people who are interested in the outcome.

The Secretary of State may make modifications to a draft TWA order before issuing their decision. These are usually to correct minor errors. In the unlikely event that such modifications are substantial, all those affected will have the opportunity to respond before the decision is issued.

If a public inquiry has been held, we send copies of the Inspector’s conclusions and recommendations with the decision letter. We also send a full copy of the Inspector’s report to anyone who asks for it within 4 weeks of the date of the decision.

Once the decision letter has been issued, we arrange for a notice of the decision to be published in the London Gazette and the applicant arranges for a notice to go in local newspapers. The TWA order is then signed, a process known as ‘making’ the order.

If the Secretary of State decides to grant planning permission for the proposed development, they issue a planning direction when the order is made. The planning direction is likely to include conditions.

The TWA order usually comes into force 3 weeks after it is made. The text of the order is made available on:

• legislation.gov.uk
• Transport and Works Act (TWA) applications and decisions

Occasionally, the Secretary of State may consider that they do not have enough information to come to a decision.

To resolve this, the Secretary of State may issue a consultation letter to specific parties, asking them to provide further information. Alternatively, if they have an idea of what the decision is likely to be, the Secretary of State may decide to issue a letter to everyone involved saying what decision they are ‘minded to’ take from the information so far available but explaining that they need more information on a particular matter or matters. This is known as a ‘minded to’ letter. It is not a decision letter.

Appealing a decision

If the Secretary of State decides to make a TWA order, you can challenge this decision in the High Court under section 22 of the TWA, but only on points of law or failure to follow correct procedure.

You can make a legal challenge on the grounds that the decision is not within the powers of the TWA, or that any requirement imposed by or under the TWA or the Tribunals and Inquiries Act 1992 has not been met. You must apply to the High Court within 6 weeks from the day when the decision notice is published in the London Gazette.

If you believe that you have grounds for challenging the decision in the Court, you should get legal advice before taking any action. An unsuccessful challenge could lead to costs being awarded against you.

The Secretary of State’s decision is final unless the Court decides otherwise (and ‘sets aside’ the decision).

If you want to challenge the Secretary of State’s decision not to make an order, you may ask for permission from the High Court to start judicial review proceedings.

Any planning direction issued can also be judicially reviewed.

If you want to apply to the Court for permission to review a decision, you are advised to seek legal advice.

Length of the TWA process

This mainly depends on how complicated the proposed order is, how many people object to it and whether a public inquiry is held.

If a public inquiry is held, it may be 6 months or more from the date of the application before the inquiry opens. The length of the inquiry itself mainly depends on how many people want to speak and how complicated the issues are. The Inspector then needs to write a report, and the Secretary of State needs to consider the report, request any additional information needed and come to a decision.

The written representations procedure normally provides a quicker route to a decision, while unopposed orders will usually be decided even more quickly.

At the decision stage, we aim to issue the Secretary of State’s decision in 70% of cases within 3 months (and 95% of cases within 6 months) if:

• no objections are made – by the end of the objection period
• all objections made are withdrawn – when the last objection is withdrawn
• the application is dealt with by written representations – the end of the written exchanges
• a hearing is held – when we receive the report of the hearing
• a public inquiry is held – from when we receive the Inspector’s report or from when we receive any additional information requested by the Secretary of State following receipt of the report (whichever is later)

Although the procedure does seem complicated, it is designed to be equally fair to TWA order applicants and to those who oppose an application, by giving everyone a full opportunity to have their say.

The aim of the system is to make sure that the Secretary of State can come to an open, fair and unbiased decision that takes proper account of all the relevant issues.

Application communication

​ From 11 August 2023:

• applicants need to submit only one copy of the application

• applications in England and Wales can be submitted electronically

• TWA notices can direct you to a website, rather than a physical location, to view application documents

For applications made in England, electronic documents can be used for public inquiries. This previously required consent from all involved parties.

Website navigation

Applications available on a website should be clearly laid out to ensure they are easy to follow. Applicants should make it clear how documents relate to each other, so parties can easily find all the information they need.

File requirements and accessibility

Where application documents, including documents relating to a public inquiry, are made available in an electronic form, applicants should make these available to all for at least the duration of the application period. This means from the point the TWA application is submitted until a reasonable amount of time after the statutory process has concluded (including the period for any potential legal challenge).

The TWA amendment rules enable applicants to share documents with all parties in an electronic form in various ways. For example, applicants may host documents on a website, and provide a link so that interested parties can access that website, or use file-sharing technology. It is recommended that the applicant considers the recipient of the documents and, while consulting on the proposals for their TWA application, identify any restrictions from recipients on the file format or size.

Applicants are asked to follow accessibility regulations that enable content to be easily read with assistive technology, such as screen reader software.

Evidence of service

If you are a statutory consultee, and an applicant chooses to use an electronic form of sharing documents to serve the TWA application on you, they must assure themselves the application has been adequately served on you and that they can provide evidence of service, if required, as part of the process.

For example, the applicant may decide to email a file-sharing link to you as a statutory consultee. They may want to keep a record of the address where it was sent and any steps taken if they receive an automatic reply notifying them that the address is no longer in use.

The applicant might not always have your email address. Instead, they might send a letter by post (if you are a statutory consultee) to your known address, containing the documents in an electronic form or providing the website details where the relevant documents are hosted.

Contact details

The Transport Infrastructure Planning Unit (TIPU) at DfT processes TWA order applications on behalf of the Secretary of State for Transport.

For any assistance, contact the transport and works act team.