Question to the Department for Transport:

To ask the Secretary of State for Transport, if she will publish a list of legislative and statutory requirements that apply to the planning and construction of railways.

Railways may be authorised and constructed by:

• an order made under the Transport and Works Act 1992, a Transport and Works Act Order;

• an order under the Planning Act 2008- a Development Consent Order; or,

• a hybrid Bill, as has been the case with HS2.

Various impact assessment requirements would be incorporated into these consenting regimes. General planning legislation, under the Town and Country Planning Act 1992, may still be relevant for related development or where railways are altered or constructed on existing railway undertakers’ land in reliance on permitted development rights.

The construction of railways would be subject to the requirements of general legislation on construction and some specific railways legislation and regulation, for example:

• The Health and Safety at Work etc. Act 1974.

• The Railways and Other Guided Transport Systems (Safety) Regulations 2006 (ROGS).

• The Construction (Design and Management) Regulations 2015.