ACP insights & guidance
The Transport Infrastructure (Fees) Regulations 2026 come into force on 20 November 2026. They give specified public authorities discretion to recover costs for relevant services associated with certain Highways Act orders and schemes and Transport and Works Act applications. The Department for Transport published statutory guidance on 6 November.
The regulations extend to England and Wales. Part 2 applies in relation to England. Part 3 applies in relation to England and to cross-border orders as defined in the legislation. Confirm the route and the transitional provisions before assuming a fee applies.
Work through four questions
- What is the consent route? Identify the particular order, scheme or application and the statutory provision it relies on.
- Who is providing the service? Check whether the public authority is specified and the service is covered. Authorities have discretion over whether and when to use the powers.
- Does transition apply? For specified Highways Act cases, record the date of the relevant first statutory notice. For a Transport and Works Act application, confirm the date it was made to the Secretary of State. Regulation 11 sets the exclusions.
- What is the charging position? Check the information the authority publishes, how it calculates charges and how it notifies the person responsible for payment. Record the owner and budget assumptions before commissioning work.
Keep the evidence alongside the cost estimate
An environmental or transport team may need to coordinate engagement with more than one public authority. Give each entry in the approvals register a named service, anticipated timing and the source for any charge assumption. Revisit the register if the scheme route or programme changes.
For example, where a relevant Transport and Works Act application was made before 20 November, the transition question turns on the statutory application date. An early informal discussion about a later application is a different event. Keep the record that supports the date and seek advice if the facts or route are unclear.
The new instrument covers defined public authority services. If the issue is what transport evidence should accompany an ordinary planning application, check the authority’s validation and scoping guidance for that separate decision.
Common question
Does every authority have to charge?
The statutory guidance explains that using the cost recovery powers is discretionary. Check the published position for the specific authority and service.
References and scope
- Department for Transport, Public authority cost recovery, 6 November 2026
- Transport Infrastructure (Fees) Regulations 2026, S.I. 2026/1137
Discuss the project brief
Share the intended consent route and evidence timetable when discussing environmental or transport scoping.