Transport and Works Act Orders: What Changed on 18 February 2026?

The Department for Transport has updated its Transport and Works Act Orders: A Brief Guide, reflecting a suite of changes that took effect on 18 February 2026 following implementation of the Planning and Infrastructure Act 2025. These reforms aim to streamline the Transport and Works Act Order (“TWAO”)  process, modernise cost handling, and clarify when additional consents can be included within an application. Good practice and tips for applicants has also been revised.  My colleague  Adam Richards explores the key changes and implications below. 

What are the key changes?

• A more efficient application process: Promoters and local authorities will notice the aim is to create a clearer, more structured application route. Although the detail of new statutory deadlines will follow in secondary legislation, the direction of travel is firmly towards a more predictable consenting regime. Where a local authority resolves to apply for a TWAO after 18 February 2026,  they will only need one round of resolution to be passed before proceeding with an application, rather than two. 

• Inquiry procedures: greater clarity on objections and costs: A long‑awaited change gives Inspectors greater autonomy as inquiry/hearing inspectors can now determine cost claims, replacing the previous, more centralised approach. The guidance also clarifies when objections from statutory objectors will trigger a public inquiry, offering promoters a clearer view of likely process pathways early on. The updated guide additionally provides further explanation of public inquiry costs, including how they will be treated for decisions issued after 18 February 2026. 

• Broader consents and environmental integration: Applications for a TWAO may now include deemed marine licence applications, supporting more integrated consenting for coastal or marine‑related transport schemes.  Future secondary legislation is expected to extend this further by allowing listed building consent applications to be wrapped into a TWAO submission. The DfT will provide further guidance on this once that legislation is in place. 

• Notice and publication requirements modernised: In a welcome administrative simplification, TWAO decision notices no longer need to be published in the London Gazette.  This aligns TWAO practice with broader digital‑first government communication trends.
• Legal challenge period clarified: For decisions issued from 18 February 2026, the legal challenge period now begins the day after the decision is issued, rather than 6 weeks from the date the decision notice is placed in the London Gazette, providing a clearer and more consistent trigger point for claimants and promoters.
• Model clauses to become guidance: Secondary legislation will introduce the long‑trailed move from statutory model clauses to more flexible guidance-based provisions, giving promoters greater drafting flexibility and reducing the need for formal legislative updates.  This mirrors the broader reforms introduced by the Planning and Infrastructure Act 2025, which similarly aim to streamline consenting routes. 

What does this means for promoters? 

The 2026 updates continue the trend of aligning TWAO processes more closely with the efficiencies seen in other consenting regimes, including the Nationally Significant Infrastructure Project regime. In practical terms, promoters should expect:

• Earlier clarity on whether a public inquiry is likely;

• A more integrated approach to related consents (especially marine licensing, with heritage consents to follow);

• A simplified notification and post‑decision process; and

• Increased flexibility in drafting Order provisions once model clauses transition to guidance.

As secondary legislation is brought forward, further changes, particularly new statutory deadlines and expanded cost recovery powers, will provide additional structure and predictability to the regime. If you have any questions or would like to know more, please contact Julian Boswall or Adam Richards.