The Transport and Works (Applications, Objections, Listed Buildings, Inquiries and Decisions Procedure) (England and Wales) (Amendment) Regulations 2026
Shortened the objection period for transport projects in England to 30 days and introduced a three-month statutory deadline for inquiry completions and ministerial decisions.
These Regulations amend procedural rules for transport and works projects in England and Wales to accelerate the application and inquiry process.
They establish a three-month statutory deadline for closing public inquiries and for the Secretary of State to issue decisions following an inquiry or written representation period.
The instrument also integrates new processes for deemed listed building consent, conservation area consent, and marine licences, while shortening objection periods and response windows for written procedures in England.
The rules apply to the Secretary of State, the Marine Management Organisation, Natural Resources Wales, and applicants for orders under the Transport and Works Act 1992.
Arguments For
The regulations introduce statutory deadlines to the inquiry process, including a requirement for inquiries to close within three months of commencement.
The document states that the amendments facilitate the introduction of deemed listed building consent and marine licensing regimes as provided for in the Planning and Infrastructure Act 2025.
Proponents may argue the reduction of the objection period from 42 to 30 days in England aligns with efforts to accelerate infrastructure delivery.
The instrument mandates pre-application consultation with the Marine Management Organisation or Natural Resources Wales when marine licences are sought, ensuring early regulatory engagement.
Arguments Against
Critics may argue that reducing the objection period from 42 to 30 days in England limits the time available for local communities and stakeholders to review complex infrastructure proposals.
Legal scholars might note that while the regulations set a three-month deadline for inquiries, the Secretary of State retains the power to vary or suspend this date, potentially reducing the certainty of the deadline.
Professional heritage bodies may express concern over the omission of specific conservation area consent definitions in the 1992 Regulations in favor of the new deemed consent regime.
Small organizations might find the accelerated 14-day and 5-day windows for written representations difficult to meet compared to previous longer timeframes.
Citation, commencement, extent and application
1.—(1) These Regulations may be cited as the Transport and Works (Applications, Objections, Listed Buildings, Inquiries and Decisions Procedure) (England and Wales) (Amendment) Regulations 2026 and come into force on 20th November 2026.
- (2) These Regulations extend to England and Wales.
- (3) Regulations 1, 2, 3(1), (5)(b) and (6), and 4 apply to England and Wales.
- (4) Regulation 3(2) to (5)(a) applies to England only.
- (5) The provisions in these Regulations apply in relation to a relevant application as follows-
- (a) in relation to a relevant application made on or after 20th November 2026, all of the regulations apply,
- (b) in relation to a relevant application made before 20th November 2026, and for which a relevant notice has not been issued, only regulation 3 applies, and
- (c) in relation to any other relevant application made before 20th November 2026, none of the regulations apply.
(6) In paragraph (5)—
- (a) "relevant application" means an application for an order under section 1 or 3 of the Transport and Works Act 1992, and
- (b) "relevant notice" means the written notice as defined in rule 2 (interpretation) of the Transport and Works (Inquiries Procedure) Rules 2004(4).
This section establishes the official name of the regulations and sets the commencement date as 20 November 2026.
It specifies that while the regulations extend to both England and Wales, certain provisions regarding inquiry procedures apply only to England.
The section also includes transitional arrangements, determining which applications are subject to these new rules based on whether a formal notice of inquiry has already been issued.
Amendment of the Transport and Works Applications (Listed Buildings, Conservation Areas and Ancient Monuments Procedure) Regulations 1992
2.—(1) The Transport and Works Applications (Listed Buildings, Conservation Areas and Ancient Monuments Procedure) Regulations 1992(5) are amended as follows.
- (2) In regulation 2 (interpretation), omit the following definitions-
- (a) "the 1990 Act";
- (b) "conservation area consent" and "listed building consent";
- (c) "the Listed Buildings Regulations".
(3) In regulation 5(1)(b) (concurrent inquiries), omit "listed building consent, conservation area consent or".
- (4) Omit regulation 3.
- (5) Omit regulation 3A.
- (6) Omit Schedule 1.
- (7) Omit Schedule 1A.
This regulation removes several definitions and requirements from the 1992 Regulations to accommodate a new legal framework.
It deletes references to standalone conservation area and listed building consents.
These changes reflect the shift toward a system where such consents are deemed to be granted as part of the primary transport order rather than handled through separate application tracks.
Amendment of the Transport and Works (Inquiries Procedure) Rules 2004
3.—(1) The Transport and Works (Inquiries Procedure) Rules 2004(6) are amended as follows.
- (2) In rule 7 (service of statement of case, etc), in paragraph (6), for "12" substitute "10".
- (3) In rule 9 (inquiry timetable)-
- (a) at the end of paragraph (1)(a), omit "and",
- (b) after paragraph (1)(a), insert—
- "(aa) propose the date on which the inquiry must close, being no later than the date falling three months after the date on which it commences, and",
- (c) in the words following sub-paragraph (b), for "of the date so specified" substitute "of the date specified under sub-paragraph (b)",
- (d) in paragraph (2), after "the timetable", in both places where those words occur, insert "and the date on which the inquiry must close",
- (e) for paragraph (4), substitute—
"(4) Where a pre-inquiry meeting is held pursuant to rule 8, the inspector—
- (a) may arrange a timetable for the proceedings at, or at part of, the inquiry and may at any time vary the timetable; and
- (b) must set the date on which the inquiry must close, being no later than the date falling three months after the date on which it commences.", and
- (f) after paragraph (5), insert—
"(6) The inspector may, with the consent of the Secretary of State, subsequently vary or suspend the date on which the inquiry must close.".
(4) In rule 13(9) (date and notification of inquiry), for "date, time and place", substitute "date, time, the date on which the inquiry must close, and place".
(5) In rule 20 (procedure after inquiry)—
- (a) in paragraph (1), for "After the close of an inquiry" substitute "By the end of the period of 3 months beginning with the date on which the inquiry is completed", and
- (b) after paragraph (3), insert—
"(3A) The Secretary of State must determine an application by the end of the period of three months beginning with the later of—
- (a) the date on which the Secretary of State receives the report made pursuant to paragraph (1), and
- (b) the date on which the Secretary of State receives the last of any additional information requested following receipt of that report.
(3B) The Secretary of State must notify the applicant and any objector of the date for determination of the application.".
(6) In rule 23 (allowing further time)—
- (a) renumber the text after the heading as rule 23(1), and
- (b) after the renumbered paragraph (1), insert—
"(2) Where the Secretary of State allows further time for the determination of an application, the Secretary of State must notify the applicant and any objector of the revised date for determination of the application.
(3) Without prejudice to the generality of paragraph (1), where an applicant directed to pay the costs of the inquiry or hearing... fails to pay those costs by the date on which payment should have been received... the Secretary of State may extend the date for determination of the application by the extended period."
This section modifies the rules governing public inquiries for transport projects to enforce stricter timelines.
It mandates that an inspector must set an inquiry closing date no later than three months after it starts and requires the Secretary of State to decide on an application within three months of receiving the final inquiry report.
It also allows the Secretary of State to delay a final decision if the applicant has failed to pay required inquiry costs.
Amendment of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
4.—(1) The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006(9) are amended as follows.
(2) In rule 4(1) (interpretation and notices)—
- (a) in the definition of "expiry date for objections"—
- (i) for "a date" substitute "a working day", and
- (ii) for "42 days" substitute "30 days (in relation to England) or 42 days (in relation to Wales)",
- (b) in the definition of "operative date", for "28" substitute "14", and
- (c) after the definition of "universal service provider", insert—
""working day" means a day other than Saturday, Sunday, Christmas Day, Good Friday or a bank holiday..."
(3) After rule 4, insert—
"Pre-application consultation
4A.-.-(1) Where a proposed application includes a request for—
- (a) a deemed marine licence... the applicant must consult the bodies identified in paragraph (2) before submitting preapplication documents..."
(4) In rule 5... after paragraph (1) insert— "(1A) Where the draft of the proposed order... includes provision deeming a marine licence... the applicant must send to the Marine Management Organisation (in relation to England) or Natural Resources Wales (in relation to Wales), a draft of the proposed marine licence not later than 28 days before making an application."
(5) In rule 10 (documents accompanying application)—
- (a) after paragraph (6), insert— "(6A) Paragraph (6B) applies where the applicant seeks—
- (a) a direction... that listed building consent for the works is deemed to be granted..."
(8) After rule 22, insert—
"No objections or other representations received
22A.—(1) Where no other representation... is received... The Secretary of State must determine the application by the end of the period of three months..."
This regulation updates the procedures for making and objecting to applications for transport orders.
It reduces the objection period in England from 42 days to 30 days and introduces requirements for applicants to consult environmental bodies when seeking 'deemed' marine licences.
It also sets a three-month deadline for the Secretary of State to reach a decision in cases where no objections are received or where the written representation procedure is used.
Related
The Transport Infrastructure (Fees) Regulations 2026
Authorized public authorities to charge cost-recovery fees for services related to highways, railways, and tramway infrastructure applications starting 20 November 2026.
Read MoreThe English Devolution and Community Empowerment Act 2026 (Consequential Amendments) Regulations 2026
Added the Local Audit Office to the Local Government Pension Scheme and designated Wolverhampton City Council as the administering authority for its employees.
Read MoreThe Bus Services Act 2025 (Commencement No. 3 and Transitional Provision) (England) Regulations 2026
Activated legal provisions for zero-emission bus mandates and expanded the criteria for independent auditors of local bus franchising schemes.
Read MoreThe Air Navigation (Restriction of Flying) (Derry, Londonderry) Regulations 2026
Restricted unmanned aircraft flight in Derry/Londonderry during the Halloween Festival on 31 October 2026.
Read More