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Transport and Works Act Order (TWAO)

As the Scheme proposals will require work to take place outside the railway boundary we will need to prepare and apply to the Secretary of State for Transport for a Transport and Works Act Order (TWAO) to authorise both the construction of these works and to use land outside the railway boundary either temporarily or permanently for the construction and operation of the Scheme.

As our plans for the Scheme have developed over the past two years, we have been establishing contact with the owners and occupiers of land / properties that may be affected by the Scheme proposals and will continue to do so in the months and years ahead.

Once we submit an application for a TWAO it will be the Secretary of State for Transport who will decide, taking into account the proposed benefits and likely impacts of the Scheme, whether or not to give consent through the TWAO for the Scheme to proceed.

If any objections to the TWAO application for the Scheme are made it’s likely that a public inquiry would be held by an Inspector to help inform this decision.

If the TWAO is granted, we would then have the necessary powers to use or acquire the land needed to construct and operate the Scheme. We would continue to work with affected landowners to manage this process in a sensitive manner.

Permitted Development Works

Where railway works are to be constructed within the existing railway boundary, these works may be able to be constructed under Network Rail’s existing permitted development rights and so could be delivered in advance of the works requiring TWAO consent, helping to deliver benefits as early as possible.

In this instance we would still engage with the public, stakeholders and the wider rail industry on our proposals and follow Network Rail’s project and contract management controls to minimise any potential impacts from such works.

Other potential planning applications

We would submit separate planning applications for any adjacent site developments around East Croydon station. Such developments would not form part of the TWAO application and would not be permitted development works.