Transport and Works Act Order (TWAO)
The purpose of this page is to explain about the Transport and Works Act Order (TWAO) process which would be used to obtain consent to build and operate the WLO.
What is a Transport and Works Act order?
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 WLO. It can authorise the stopping up or diversion of any highways and the closure of level crossings.
A TWAO application could also provide compulsory powers for acquiring property interests and rights or for the use of land temporarily. 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.
The TWAO application process
A TWAO application is submitted to the Secretary of State for Transport and the procedure that follows allows any interested person to have their say before a decision is made.
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 WLO
- Supporting plans and documents
- A request for a direction as to 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
- Information about all land or interests in land to be acquired or used for the purposes of the TWAO
After a TWAO is applied for there would be a statutory period where representations, comments or objections can be submitted to the Secretary of State for Transport.
The Secretary of State for Transport would consider the TWAO application carefully and all representations made during the process and make decisions only after considering all the comments made – sometimes through a public inquiry.
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. WLO is mostly on existing railway land which we anticipate will significantly reduce the need to acquire land. Some land will still be needed but we will plan to keep this to a minimum. Owners and occupiers of land that may be compulsorily acquired or temporarily used for the purposes of our proposals may be entitled to claim compensation. Where possible we would seek to reach an agreement with any landowner potentially affected by any compulsory purchase powers in advance of the TWAO application for those powers.
