The Manston Airport Development Consent Order 2022

Made: 18th August 2022

Coming into force: 8th September 2022

The Secretary of State, in exercise of the powers conferred by sections 114[^f00004], 115[^f00005], 117[^f00006], 120[^f00007] and 122[^f00008] of, and paragraphs 1 to 4, 10 to 15, 17, 20, 23, 26, 33, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—

PART 1 — PRELIMINARY

Citation and commencement

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This Order may be cited as the Manston Airport Development Consent Order 2022 and comes into force on 8th September 2022.

Interpretation

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• (1) In this Order—

• “the 1961 Act” means the Land Compensation Act 1961[^f00009];

• “the 1965 Act” means the Compulsory Purchase Act 1965[^f00010];

• “the 1972 Act” means the Local Government Act 1972[^f00011]

• “the 1980 Act” means the Highways Act 1980[^f00012];

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981[^f00013];

• “the 1982 Act” means the Civil Aviation Act 1982[^f00014];

• “the 1984 Act” means the Road Traffic Regulation Act 1984[^f00015];

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00016];

• “the 1991 Act” means the New Roads and Street Works Act 1991[^f00017];

• “the 2008 Act” means the Planning Act 2008[^f00018];

• “access and rights of way plans” means the documents of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the access and rights of way plans for the purposes of this Order;

• “address” includes any number or address for the purposes of electronic transmission;

• “airport-related” development means development directly related to and required to support operations at Manston Airport including, but not limited to, freight distribution centres, including freight forwarding and temporary storage facilities for airlines;

• “apparatus” has the same meaning as in Part 3 of the 1991 Act;

• “authorised development” means the development and associated development described in Schedule 1 (authorised development) or any part of it, which is development within the meaning of section 32 (meaning of development) of the 2008 Act;

• “book of reference” means the document of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the book of reference for the purposes of this Order;

• “building” includes any structure or erection or any part of a building, structure or erection;

• “carriageway” has the same meaning as in the 1980 Act;

• “commence” means the carrying out of any material operation (as defined in section 155 (when development begins) of the 2008 Act) forming part of the authorised development other than operations consisting of environmental surveys and monitoring, investigations for the purpose of assessing ground conditions, diversion and laying of services, receipt and erection of construction plant and equipment, erection of any temporary means of enclosure, the temporary display of site notices or contractors’ signage and notices or installation of a site compound or any other temporary building or structure to the extent that these are not likely to harm heritage assets of national importance and their settings as defined in the further assessment of the historic character of the airfield under requirement 3(3)(a) and “commenced” and “commencement” are to be construed accordingly;

• “consultative committee guidance” means the Guidelines for Airport Consultative Committees published by the Department for Transport in April 2014;

• “crown land plan” means the document of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the crown land plan for the purposes of this Order;

• “cycle track” has the same meaning as in the 1980 Act[^f00019];

• “design and access statement” means the documents of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the design and access statement for the purposes of this Order;

• “design drawings” means the document of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the design drawings for the purposes of this Order;

• “design guide” means the document of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the design guide for the purposes of this Order;

• “electronic transmission” means a communication transmitted— by means of an electronic communications network; or by other means but while in electronic form, and in this definition “electronic communications network” has the same meaning as in section 32(1) (meaning of electronic communications networks and services) of the Communications Act 2003[^f00020];

• “engineering drawings and sections” means the documents of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the engineering drawings and sections for the purposes of this Order;

• “environmental statement” means the document of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the environmental statement for the purposes of this Order;

• “footway” and “footpath” have the same meaning as in the 1980 Act;

• “highway”, “highway authority” and “local highway authority” have the same meaning as in the 1980 Act;

• “Kent County Council” means Kent County Council of County Hall, Maidstone, Kent ME14 1XQ;

• “land plans” means the documents of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the land plans for the purposes of this Order;

• “maintain” in relation to the authorised development includes to inspect, repair, adjust, alter, remove, refurbish, replace, improve or reconstruct to the extent that such works do not give rise to any materially new or materially different environmental effects from those identified in the environmental statement and any derivative of “maintain” is to be construed accordingly;

• “noise mitigation plan” means the document of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the noise mitigation plan for the purposes of this Order;

• “Operation Stack” means the operations known as Operation Stack and Operation Brock administered by Kent Police and Highways England for the purpose of relieving congestion on the M20 motorway;

• “Operation Stack land” means the land comprising Manston Airport, Manston Road, Manston, Kent and defined as ‘the land’ in the Town and Country Planning (Manston Airport) Special Development Order 2019[^f00021];

• “Order land” means the land shown on the land plans which is within the Order limits and described in the book of reference;

• “the Order limits” means the limits of lands to be acquired or used permanently or temporarily shown on the land plans and works plans within which the authorised development may be carried out;

• “outline construction environmental management plan” means the document of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the outline construction environmental management plan for the purposes of this Order;

• “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981[^f00022];

• “register of environmental actions and commitments” means the document of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the register of environmental actions and commitments for the purposes of this Order;

• “relevant highway authority” means, in any given provision of this Order, the highway authority for the area to which the provision relates;

• “relevant planning authority” means in any given provision of this Order, the planning authority for the area to which the provision relates;

• “special category land plan” means the plan document of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the special category land plan for the purposes of this Order;

• “statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) or section 138(4A) (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act;

• “street” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

• “street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;

• “traffic authority” has the same meaning as in section 121A[^f00023] (traffic authorities) of the 1984 Act;

• “traffic regulation order plans” means the documents of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the traffic regulation order plans for the purposes of this Order;

• “undertaker” means RiverOak Strategic Partners Limited (company registration number 10269461) whose registered address is at Calder @AMP@amp; Co, 30 Orange Street, London WC2H 7HF;

• “watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and

• “works plans” means the documents of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the works plans for the purposes of this Order.

• (2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the airspace above its surface.

• (3) All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work.

• (4) For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

• (5) References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the access and rights of way plans or the traffic regulation order plans.

• (6) References in this Order to numbered works are references to works as numbered in Schedule 1 (authorised development).

PART 2 — PRINCIPAL POWERS

Development consent etc. granted by the Order

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• (1) Subject to the provisions of this Order including the requirements in Schedule 2 (requirements), the undertaker is granted development consent for the authorised development to be carried out within the Order limits.

• (2) Any enactment applying to land within, adjoining or sharing a common boundary with the Order limits has effect subject to the provisions of this Order.

Maintenance of authorised development

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The undertaker may at any time maintain the authorised development, except to the extent that this Order, or an agreement made under this Order, provides otherwise.

Maintenance of drainage works

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• (1) Nothing in this Order, or the construction, maintenance or operation of the authorised development under it, affects any responsibility for the maintenance of any works connected with the drainage of land, whether that responsibility is imposed or allocated by or under any enactment, or otherwise, unless otherwise agreed in writing between the undertaker and the person responsible.

• (2) In this article “drainage” has the same meaning as in section 72 (interpretation) of the Land Drainage Act 1991[^f00024].

Limits of deviation

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• (1) In carrying out the authorised development the undertaker may—

• (a) construct each work only within its relevant work limits shown on the works plans;

• (b) deviate vertically downwards from the levels of the authorised development shown on the engineering drawings and sections to any extent except that any deviation to a point below existing ground level must be approved in writing by the Secretary of State in consultation with the Environment Agency and Southern Water; and

• (c) deviate vertically upwards from the levels of the authorised development shown on the engineering drawings and sections to a maximum of 2 metres except in relation to the parts of the authorised development referred to in column (1) of the table below, where the maximum height for each such part is set out in the corresponding entry in column (2) of that table—

(1) Building or Structure	(2) Maximum Height (above ordnance datum)
Cargo facilities constructed as part of Work No.1	67.3 metres
Business jet hangar constructed as part of Work No.2	66.1 metres
Fixed base operation hangars constructed as part of Work No.2	66.2 metres
Air traffic control tower constructed as part of Work No.3	74.0 metres
Radar tower constructed as part of Work No.4	74.0 metres
Terminal building constructed as part of Work No.12	59.6 metres
Fire station constructed as part of Work No.13	60.1 metres
Gatehouse constructed as part of Work No.14	53.2 metres
Gatehouse gantry constructed as part of Work No.14	57.2 metres
Commercial buildings constructed as part of Work No.15	66.5 metres
Commercial buildings constructed as part of Work No.16	64.2 metres
Commercial buildings constructed as part of Work No.17	64.5 metres
Aircraft recycling hangar constructed as part of Work No.18	72.8 metres
Fuel farm tanks constructed as part of Work No.19	51.0 metres

• (2) The maximum limits of vertical deviation do not apply where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State, following consultation with the relevant planning authority, Southern Water and the Environment Agency, certifies accordingly that a deviation in excess of these limits does not give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

• (3) In any discrepancy in any heights cited in this article and heights cited elsewhere in this Order, notably in Schedule 1, then the lower of the two is the maximum height permitted.

• (4) The authorised development may not deviate within the limits of deviation specified in this article if the deviation would be likely to harm heritage assets of national importance and their settings that are considered worthy of conservation by the relevant planning authority, Kent County Council and Historic England as informed by the further assessment required by requirement 3(3)(a).

Benefit of Order

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• (1) Subject to paragraph (2) and article 8 (consent to transfer benefit of Order), the provisions of this Order conferring powers on the undertaker have effect solely for the benefit of the undertaker.

• (2) Paragraph (1) does not apply to the works for which consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.

Consent to transfer benefit of Order

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• (1) Subject to paragraph (4), the undertaker may—

• (a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or

• (b) grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.

• (2) Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (3), include references to the transferee or the lessee.

• (3) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

• (4) The consent of the Secretary of State is required for a transfer or grant under this article, except where the transfer or grant is made to Kent County Council for the purposes of undertaking Work Nos. 25, 26, 27, 28, 29, 30, 31 and 32.

Guarantees in respect of payment of compensation, etc.

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• (1) The authorised development must not be commenced, and the undertaker must not exercise the powers in articles 19 to 33, until—

• (a) subject to paragraph (3), security of £6.2 million has been provided in respect of the liabilities of the undertaker—

• (i) to pay compensation to landowners in connection with the acquisition of their land or of rights over their land by the undertaker exercising its powers under Part 5 of this Order; and

• (ii) to pay noise insulation costs and relocation costs as required by requirement 9 of Schedule 2; and

• (b) the Secretary of State has approved the security in writing.

• (2) The security referred to in paragraph (1) may include, without limitation, any one or more of the following—

• (a) the deposit of a cash sum;

• (b) a payment into court;

• (c) an escrow account;

• (d) a bond provided by a financial institution;