Annex 2
TRANSPORT AND WORKS ACT
The perceived areas of weaknesses of the Act
are:
1. The successful promotion of an application
under the 1992 Act may depend upon several ancillary statutory
consents being obtained that are not part of the procedures introduced
by the 1992 Act and subordinate legislation eg authorising the
closure of sections of railways to facilitate the construction
of a particular scheme and the compulsory purchase of open space.
The 1992 Act obliges a promoter to pursue separate statutory procedures
which may result in an adverse decision. This may have the consequences
that the substantive scheme, which may have obtained approval
under the 1992 Act, cannot be implemented as it may depend upon
these ancillary applications. Under the private Bill procedure,
the need for consents in respect of such matters could usually
be dealt with within the body of the private Bill usually by way
of dispensation with the need to obtain such statutory consent.
2. The new procedure requires a scheme to
be substantially developed before it is submitted for approval
if the promoter wishes to seek full planning permission. The alternative
is to promote the scheme in outline leaving approval of much of
the detail to the local planning authority. This could result
in the promoter, having obtained an order under the 1992 Act following
examination at a public local inquiry, having to pursue planning
appeals with local authorities if the reserved matters are not
approved. This would delay the implementation of a scheme for
which permission had already been given. In order to avoid leaving
substantive issues to be resolved at a later date the promoter
must therefore submit an application seeking full permission by
reference to detailed plan and sections.
3. The substantially increased cost of developing
a project prior to obtaining the approval of the Secretary of
State under the 1992 Act also has the effect of greatly reducing
flexibility since a scheme will now be confirmed with the benefit
of a specific planning permission by reference to detailed plans
and sections. In the case of private Bills a generalised planning
permission was conferred on the promoter by General Development
Orders made under the Town and Country Planning Acts. A consent
under this Order conferred a certain degree of flexibility in
implementing a particular scheme and did not require the submission
by the promoter to Parliament of detailed plans and sections specifying
specific development.
| 
