Transport and Works Act Order

What is a Transport and Works Act Order?

Following this consultation, we will start to finalise our proposals ready to submit a Transport and Works Act Order (TWAO) application to the Sectary of State for Transport to make a decision on the scheme.Houses of Parliament

A TWAO is a statutory instrument made by the Secretary of State under the Transport and Works Act 1992. A TWAO can authorise the construction, operation and maintenance of new transport infrastructure, such as the proposed extension of the DLR to Thamesmead.

A TWAO may also provide compulsory powers for acquiring property interests and rights. A TWAO application could also be accompanied by a request to the Secretary of State for Transport to give a direction for deemed planning permission for the works to be authorised by a TWAO, meaning that planning permission could be granted by the government rather than the local planning authority.

Land Acquisition and Compensation

The land and property needed for the extension would be acquired either voluntarily or by compulsory purchase powers granted through a TWAO. Where possible we would seek to reach an agreement with landowners to acquire land needed for the scheme in advance of the TWAO application. Owners and occupiers of land that may be compulsorily acquired for the purposes of our proposals may be entitled to claim compensation.

The TWAO Application Process

The TWAO application would include:

• A draft of the proposed TWAO for the extension which would grant the required powers to construct and operate the extension
  
  
• A request to the Secretary of State for Transport for a direction for deemed planning permission
  
  
• An Environmental Statement which provides a description of the proposed scheme and how we propose to carry out the works and manage the construction process. It also sets out how the proposed scheme may affect the environment and how we propose to reduce those potential effects to an acceptable level
  
  
• A non-technical summary of the environmental statement
  
  
• A Funding Statement
  
  
• A Consultation Report
  
  
• A Design and Access Statement
  
  
• A Statement of Aims
  
  
• Supporting plans and documents
  
  

How the decision-making process works

Following our submission of the TWAO application, a formal process will be followed where you can have your say.

1. Public representation period

Once TfL submits the TWAO application, there will be a 42‑day period when anyone can send in comments, support, or objections to the Secretary of State.

2. Potential Public Inquiry

It is possible that an independent Public Inquiry will be held. This is a formal process where an Inspector listens to evidence from TfL, stakeholders, and members of the public.

The inquiry usually involves:

• Statements of Case – written summaries of what each participant plans to say
  
  
• A pre-inquiry meeting, run by the inspector, to explain how everything will work
  
  
• Proofs of Evidence – detailed documents submitted four weeks before the Public Inquiry
  
  
• Questioning of expert witnesses during the inquiry

3. The Inspector’s report

The Inspector writes a report with recommendations and sends it to the Secretary of State for Transport.

4. Final decision

The Secretary of State will decide whether to:

• Approve the TWAO – in this case we would be officially given permission to build the project. This includes using or buying land needed and carrying all out all works described in the application
  
  
• Reject the TWAO – we would not be allowed to build the project as we have proposed it. Powers to buy land would not be granted and we would likely have to submit a revised application
  
  
• Approve the TWAO with changes – sometimes the Secretary of State agrees that a project should go ahead but with certain changes to the TWAO. In this case we would need to carry out these adjustments, which would be clearly set out in the written decision

The decision will be published in writing, and anyone who took part in the inquiry will receive a copy.

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