§ Lord Berkeleyasked Her Majesty's Government:
What considerations are taken into account and what consultations are undertaken by government in determining whether an order should be made in response to an application under the Transport and Works Act 1992.
§ The Parliamentary Under-Secretary of State, Department of Transport (Viscount Goschen)Applicants for orders are required to notify a number of statutory bodies, including relevant local planning authorities, of their application. They must also place notices of the application in local newspapers and theLondon Gazette. The Secretary of State is required by the 1992 Act to consider all valid objections and, where necessary or appropriate, arrange for a local public inquiry to be held into the application. The Secretary of State will make a determination only after taking into account all objections which have not been withdrawn, or, where an inquiry is held, the report and recommendation of the independent inspector. The specific issues which will be relevant to the decision whether to make the order will vary from case to case. For applications involving proposals of national significance, Parliament is given the opportunity to debate and vote on the principle of the project. Only if both Houses approve such a proposal will it go forward to a public inquiry.