Transport and Works Act Orders
Transport and Works Act Orders

The following Planning practice note provides comprehensive and up to date legal information covering:

  • Transport and Works Act Orders
  • Types of scheme covered by TWA Orders
  • Powers capable of being granted by a TWA Order
  • Relationship with planning permission
  • Nationally Significant Infrastructure Projects
  • Compulsory purchase powers
  • Temporary possession
  • Other consents
  • Model clauses
  • Application procedure
  • More...

Orders under the Transport and Works Act 1992 (TWA 1992) are statutory instruments which can authorise guided transport schemes and certain other types of infrastructure project in England and Wales. Under the TWA, a promoter can apply to the Secretary of State (SoS) or to the Welsh Ministers for an order (a TWA Order), which if granted provides a range of powers to construct and operate a guided transport scheme, including compulsory purchase powers to acquire land and rights needed for the scheme.

Types of scheme covered by TWA Orders

TWA Orders can relate to the construction or operation of:

  1. railways and tramways

  2. trolley vehicle systems

  3. externally guided buses, monorails and certain other types of guided transport

  4. inland waterways, and

  5. works that interfere with rights of navigation in waters up to the limits of the territorial sea, including bridges, piers, barrages, tunnels and offshore wind farms

Powers capable of being granted by a TWA Order

TWA Orders can authorise:

  1. the construction, alteration, repair, maintenance, demolition and removal railways, tramways, trolley vehicle systems and other transport systems within the scope of the TWA, waterways, roads, watercourses, buildings and other structures

  2. the carrying out of any other civil engineering or other works

  3. compulsory acquisition of land and the creation and extinguishment of rights over land (see: Compulsory purchase orders—overview)

  4. compulsory acquisition of any other land required either

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