What is a Transport and Works Act (TWA) order?
A TWA order is an order made under the Transport and Works Act 1992, granting the necessary powers to construct, operate and maintain a new railway, tram, trolley vehicle or other guided transport scheme.
A TWA order is made following an application to the Secretary of State, who will decide whether to grant permission for a scheme to go ahead or reject it, usually following a public inquiry.
If the Secretary of State approves the NGT Trolleybus network, Leeds City Council and Metro will be granted compulsory purchase powers and the necessary powers to build and operate the proposed scheme by the TWA Order. If the TWA Order is made, then planning permission will also be granted.
Who are Ardent Management?
Ardent Management are an independent Chartered surveying consultancy. Ardent have been appointed by Leeds City Council and Metro to assist with land referencing and consultation prior to the application for a TWA Order for NGT.
What is Land Referencing?
Land Referencing is a process of identifying and recording all parties (persons) with a legal interest in land that might potentially be affected by the proposed scheme.
Over the next few months Ardent will be making contact with freehold and leasehold owners of properties, as well as tenants and other occupiers and users, in order to record all legal interests in land and property which may potentially be affected by the NGT proposals.
The purpose of land referencing is to ensure all relevant parties are identified so that everyone who will potentially be affected by the scheme can be notified during the TWA application process and given the opportunity to make representations to the Secretary of State. All information gathered by Ardent will be used solely for the purpose of the NGT project.
How will ownership information be gathered?
Ardent will initially send out ‘Request for Information’ (RFI) forms for people to complete in order to capture necessary information, the forms will specify the time within which they should be completed and returned. Ardent will also make direct contact with owners and occupiers via visits, letters, e-mails and telephone, and will use Land Registry title information in order to identify ownership information.
Why do you need details about my property?
We need to collect ownership information for all land and property that may potentially be affected by the NGT proposals and it is important that our records stay up to date and correct. This is important to ensure that you are kept fully informed of the project proposals and receive all the relevant documents.
It is also necessary for Leeds City Council and Metro to submit a “Book of Reference” with their application for the TWA Order. This Book is a statutory document listing all parties whose land might potentially be affected by the scheme. The ownership information we collect will help us to compile the Book of Reference.
Everyone listed in the Book of Reference will receive notice when the TWA application is made and will be provided with opportunity to make representation for or against the proposals.
Do I have to complete the RFI form?
If it is a non-statutory RFI:
You are not obliged to complete the form, however, it is in your interest to ensure we hold the correct information, so that you may be kept fully informed of the process. If you do not return the form it does not prevent your land from being acquired or used, but it may mean that you are not informed of the proposals as the TWA order process progresses.
Or
If it is a statutory RFI
Yes, this form is a statutory Request For Information served under section 16 of the Local Government (Miscellaneous Provisions) Act 1976. Under that section, you must complete and return the form within the period it specifies. It is also in your interest to ensure we hold the correct information, so that you may be kept fully informed of the process.
Will the information I provide be kept confidential?
We will only use the information you provide for the purpose of the NGT project. Address and contact details will not be made public, however the names of interested parties will appear in the Book of Reference which will be a publicly available document once the TWA application is submitted to the Secretary of State.
Will my land / property be acquired?
NGT proposals are still at a relatively early stage and exact land requirements are not yet known. Preferred routes and alignments have been identified and based on the current proposals your land or property may potentially be affected.
For more information about how the NGT proposals may affect your land or property please contact Jonathan Stott on 0800 988 4615 or email jonathanstott@ardent-management.com
Will I receive compensation if my land is acquired?
Compensation is payable where land is compulsorily acquired or used for the scheme, and also in certain other circumstances. However, it is unlikely that any land will be acquired for NGT until at least 2012, so compensation is not payable at this stage.
Further information about compensation is publicly available on the Communities and Local Government website. A number of booklets have been produced by the Government which explain the compulsory purchase and compensation process.
What is the next stage in the process?
Following landowner consultation and land referencing, Leeds City Council and Metro expect to apply for the TWA order in summer 2010. If your land is likely to be affected, then when the application is made you will receive statutory notices informing you that the application has been made and inviting you to make representations about the proposals.
Who should I contact for more information?
Please contact Jonathan Stott of Ardent Management on 0800 988 4615 or at jonathanstott@ardent-management.com for more information. Jonathan will be happy to provide further information.
