Legalize / United Kingdom / Statutory-Instrument

The Gatwick Airport (Northern Runway Project) Development Consent Order 2025

Type Statutory-Instrument

Publication 2025-09-21

Last updated 2025-10-12

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

(3) Paragraph (2) does not apply in relation to—

(a) any subway or underground building; or

(b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

(4) Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, will be entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(5) Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 (sharing of cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Temporary use of land for carrying out the authorised development

36

(1) The undertaker may, in connection with the carrying out of the authorised development—

(a) enter on and take temporary possession of any Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act;

(b) remove any buildings, apparatus, fences, landscaping, debris, electric line, electrical plant, structures and vegetation from that land;

(c) use any private road within the Order land for the passage of persons or vehicles (with or without materials, plant and machinery);

(d) construct temporary or permanent works (including the provision of means of access) or buildings on that land; and

(e) construct any works on that land as are mentioned in Schedule 1 (authorised development), or any other mitigation works.

(2) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land and explain the purpose for which entry is taken in respect of land specified under paragraph (1)(a).

(3) The undertaker must not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the work for which temporary possession of the land was taken unless the undertaker has, by the end of that period, served a notice of entry under section 11 (powers of entry) of the 1965 Act or made a declaration under section 4 (execution of declaration) of the 1981 Act in relation to that land.

(4) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must, unless otherwise agreed with the owners of the land, remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—

(a) replace a building removed under this article;

(b) restore the land on which any permanent works have been constructed under paragraph (1)(d);

(d) remove any ground strengthening works which have been placed on the land to facilitate construction of the authorised development;

(e) remove any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised development; or

(f) remove or reposition any apparatus belonging to statutory undertakers or necessary mitigation works.

(5) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, is to be determined as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(7) Any dispute as to the satisfactory removal of temporary works and restoration of land under paragraph (4) does not prevent the undertaker giving up possession of the land.

(8) Subject to article 48 (no double recovery), nothing in this article affects any liability to pay compensation under section 152[^f00088] (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (5).

(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(10) Section 13[^f00089] (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125[^f00090] of the 2008 Act (application of compulsory acquisition provisions).

(11) Nothing in this article prevents the taking of temporary possession more than once in relation to any land specified in paragraph (1).

Time limit for exercise of authority to temporarily use land for carrying out the authorised development

37

(1) Subject to paragraph (2), the authority to enter onto land pursuant to article 36 (temporary use of land for carrying out authorised development) ceases to apply to any land after the period of seven years beginning on the start date.

(2) Paragraph (1) will not prevent the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

Temporary use of land for maintaining the authorised development

38

(1) Subject to paragraph (2), at any time during the maintenance period relating to any of the authorised development, the undertaker may—

(a) enter on and take temporary possession of any Order land if such possession is reasonably required for the purpose of maintaining the authorised development;

(b) enter on any Order land for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and

(c) construct such temporary works (including the provision of means of access) and buildings on the land within the Order land as may be reasonably necessary for that purpose.

(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land and explain the purpose for which entry is taken.

(4) The undertaker is not required to serve notice under paragraph (3) where the undertaker has identified a potential risk to the safety of—

(a) the authorised development or any of its parts;

(b) the public; or

and in such circumstances, the undertaker may enter the land under paragraph (1) subject to giving such notice as is reasonably practicable in the circumstances.

(5) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

(6) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(7) Any dispute as to the removal of temporary works and restoration of land under paragraph (6) does not prevent the undertaker giving up possession of the land.

(8) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

(9) Any dispute as to a person’s entitlement to compensation under paragraph (8), or as to the amount of the compensation, is to be determined as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(10) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (8).

(11) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(12) Section 13 (refusal to give possession to the acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(13) In this article “maintenance period”, in relation to any part of the authorised development, means the period of 5 years beginning with the date on which—

(a) that part of the authorised development is first opened for public use (where that part of the authorised development is intended to be used by the public); or

(b) in respect of any other part of the authorised development, that part is first brought into operational use by the undertaker.

Special category land

39

(1) On the exercise by the undertaker of the Order rights, the special category land identified in Part 1 (special category land to be permanently acquired) of Schedule 10 (special category land) is not to vest in the undertaker until the undertaker has acquired the land identified in Part 2 (land to be laid out as replacement open space) of Schedule 10 (to the extent not already in its ownership) and an open space delivery plan has been submitted to and approved in writing by CBC (in consultation with RBBC and MVDC).

(2) The open space delivery plan submitted under paragraph (1) must include a timetable for—

(a) the submission of a landscape and ecology management plan pursuant to requirement 8 (landscape and ecology management plan) for each part of the land to be laid out as replacement open space; and

(b) the laying out of each part of that replacement open space.

(3) On the requirements of paragraph (1) being satisfied, the special category land identified in Part 1 of Schedule 10 is to vest in the undertaker (or any specified person) and be discharged from all rights, trusts and incidents to which it was previously subject.

(4) The undertaker must implement the open space delivery plan approved by CBC under paragraph (1).

(5) Provision must be made in the relevant landscape and ecology management plan (or otherwise) for the undertaker to be responsible for the cost of, and associated with, the ongoing maintenance in perpetuity of the land to be laid out as replacement open space shown on the special category land plans with plot number 1/013 and comprising Work No. 40(c) (replacement open space on land to the north east of Longbridge Roundabout), subject to any subsequent agreement pursuant to requirement 8(4) (landscape and ecology management plan) of Schedule 2 (requirements).

(6) In this article—

“Order rights” means rights and powers exercisable over the special category land by the undertaker under article 27 (compulsory acquisition of land) and article 28 (compulsory acquisition of rights and imposition of restrictive covenants); and

“specified person” means a person other than the undertaker for whose benefit the special category land is being acquired.

Statutory undertakers

40

Subject to the provisions of Schedule 9 (protective provisions), the undertaker may—

(a) acquire compulsorily the land belonging to statutory undertakers within the Order land and described in the book of reference;

(b) acquire existing rights, create and acquire new rights and impose restrictive covenants over the land belonging to statutory undertakers within the Order land and described in the book of reference;

(c) extinguish or suspend the rights of, or remove, alter, renew, relocate or reposition apparatus belonging to, statutory undertakers over or within the Order land;

(d) construct the authorised development in such a way as to cross underneath or over apparatus belonging to statutory undertakers and other like bodies within the Order land;

(e) construct over existing apparatus belonging to statutory undertakers any necessary track or roadway (whether temporary or permanent) together with the right to maintain or remove the same, and install such service media under or over the existing apparatus needed in connection with the authorised development; and

(f) remove or reposition apparatus belonging to statutory undertakers which is laid beneath any of the streets within the Order land.

Apparatus and rights of statutory undertakers in stopped-up streets

41

(1) Where a street is stopped up under article 13 (stopping up of streets), any statutory undertaker whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made.

(2) Where a street is stopped up under article 13 any statutory undertaker whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by the undertaker must—

(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the statutory undertaker may reasonably determine and have power to place it; or

(b) provide other apparatus in substitution for the existing apparatus and place it in such position as described in sub-paragraph (a).

(3) Subject to the following provisions of this article, the undertaker must pay to any statutory undertaker an amount equal to the cost reasonably incurred by the statutory undertaker in or in connection with—

(a) the execution of the relocation works required in consequence of the stopping up of the street; and

(b) the doing of any other work or thing rendered necessary by the execution of the relocation works.

(4) If in the course of the execution of relocation works under paragraph (2)—

(a) apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which, apart from this paragraph, would be payable to the statutory undertaker by virtue of paragraph (3) is to be reduced by the amount of that excess.

(5) For the purposes of paragraph (4)—

(a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

(6) An amount which, apart from this paragraph, would be payable to a statutory undertaker in respect of works by virtue of paragraph (3) (and having regard, where relevant, to paragraph (4)) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the statutory undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

(7) Paragraphs (3) to (6) do not apply where the authorised development constitutes major highway works, major bridge works or major transport works for the purposes of Part 3 (street works in England and Wales) of the 1991 Act, but instead—

(a) the allowable costs of the relocation works are to be determined in accordance with section 85 (sharing of cost of necessary measures) of that Act and any regulations for the time being having effect under that section; and

(b) the allowable costs are to be borne by the undertaker and the statutory undertaker in such proportions as may be prescribed by any such regulations.

(8) In this article—

“relocation works” means work executed, or apparatus provided, under paragraph (2); and

“statutory undertaker” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1) of the Communications Act 2003[^f00091].

Recovery of costs of new connections

42

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 40 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 40 (statutory undertakers), any person who is—

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

(3) This article does not have effect in relation to apparatus to which article 41 (apparatus and rights of statutory undertakers in stopped-up streets) or Part 3 of the 1991 Act applies.

(4) In this article—

“public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003; and

“public utility undertaker” means a gas, water, electricity or sewerage undertaker.

Crown rights

43

(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker or any licensee to take, use, enter upon or in any manner interfere with any land or rights of any description—

(a) belonging to His Majesty in right of the Crown and forming part of the Crown Estate without the consent in writing of the Crown Estate Commissioners;

(b) belonging to His Majesty in right of the Crown and not forming part of the Crown Estate without the consent in writing of the government department having the management of that land; or

(c) belonging to a government department or held in trust for His Majesty for the purposes of a government department without the consent in writing of that government department.

(2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in any Crown Land (as defined in the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown.

(3) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions and is deemed to have been given in writing where it is sent electronically.

Disregard of certain improvements, etc.

44

(1) In assessing the compensation payable to any person on the acquisition from that person of any land or right over any land under this Order, the tribunal must not take into account—

(a) any interest in land; or

(b) any enhancement of the value of any interest in land by reason of any building erected, works carried out or improvement or alteration made on the relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the carrying out of the works or the making of the improvement or alteration as part of the authorised development was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

(2) In paragraph (1)—

“relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works constructed or the improvement or alteration made as part of the authorised development, directly or indirectly concerned; and

“the tribunal” means the Lands Chamber of the Upper Tribunal.

PART 6 — MISCELLANEOUS AND GENERAL

Disapplication of legislative provisions

45

(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction or maintenance of the authorised development—

(a) sections 30 (authorisation of drainage works in connection with a ditch) and 32 (variation of awards) of the Land Drainage Act 1991[^f00092]; and

(b) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991.

(2) The provisions of the Neighbourhood Planning Act 2017[^f00093], insofar as they relate to the temporary possession of, or entry into, land under this Order, do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development and, within the maintenance period defined in article 38(13) (temporary use of land for maintaining the authorised development), any maintenance of any part of the authorised development.

(3) Notwithstanding the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 (meaning of “development”) of the Community Infrastructure Levy Regulations 2010[^f00094] any building comprised in the authorised development is deemed to be—

(a) a building into which people do not normally go; or

(b) a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.

Application of landlord and tenant law

46

(1) This article applies to—

(a) any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and

(b) any agreement entered into by the undertaker with any person for the construction, maintenance or operation of the authorised development, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

(3) No such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

(a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Defence to proceedings in respect of statutory nuisance

47

(1) Where proceedings are brought under section 82(1) (summary proceedings by persons aggrieved by statutory nuisances) of the Environmental Protection Act 1990[^f00095] in relation to a nuisance falling within paragraph (d), (e), (g) and (ga) of section 79(1)[^f00096] (statutory nuisances and inspections therefor) of that Act no order is to be made, and no fine may be imposed, under section 82(2)[^f00097] of that Act if the defendant shows that the nuisance—

(a) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with—

(i) a notice served under section 60 (control of noise on construction sites) of the Control of Pollution Act 1974[^f00098]; or

(ii) a consent given under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974[^f00099]; or

(b) is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or

(2) For the purposes of paragraph (1)(b), compliance with the controls and measures described in the code of construction practice will be sufficient, but not necessary, to show that an alleged nuisance could not reasonably be avoided.

(3) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

(4) In this article “premises” has the same meaning as in section 79(7)[^f00100] of the Environmental Protection Act 1990.

No double recovery

48

Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or deed or any rule of law, or under two or more different provisions of this Order.

Protection of interests

49

Schedule 9 (protective provisions) has effect.

Certification of documents, etc.

50

(1) As soon as practicable after the making of this Order the undertaker must submit copies of each of the plans and documents set out in Schedule 12 (documents to be certified) to the Secretary of State for certification that they are true copies of those plans and documents.

(2) Where any plan or document set out in Schedule 12 requires to be amended to reflect the terms of the Secretary of State’s decision to make the Order, that plan or document in the form amended to the Secretary of State’s satisfaction is the version of the plan or document required to be certified under paragraph (1).

(3) A plan or document so certified will be admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices

51

(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a) by post;

(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978[^f00101] as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of that person at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement will be taken to be fulfilled only where—

(a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

(b) the notice or document is capable of being accessed by the recipient;

(d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender will provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of electronic transmission given by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) such revocation will be final and will take effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

(9) Where a notice or document is sent by electronic transmission after 5:00pm, it is deemed served on the next working day.

(10) This article will not be taken to exclude the employment of any method of service not expressly provided for by it.

(11) In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Arbitration

52

Except where otherwise expressly provided for in this Order and unless otherwise agreed between the parties, any difference under any provision of this Order must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

53

(1) If an authority which receives a valid application for consent or approval to which this article applies fails to notify the undertaker of its decision before the end of the period of 56 days beginning with the day after the application was made (or such longer period agreed in writing between the undertaker and the authority), it is deemed to have granted consent or approval (as relevant).

(2) Any application for consent or approval to which this article applies must include a statement that this article applies to that application.

(3) If an application for consent or approval to which this article applies does not include the statement required under paragraph (2) then paragraph (1) will not apply to that application.

(4) An application to which this article applies must be made in the same manner as a notice or other document must be served pursuant to article 51 (service of notices) and is deemed to have been made on the date that such a notice or document would be deemed served under article 51.

Conservation and enhancement of protected landscapes

54

(1) The parties are to agree in writing the financial contribution to be made available by the undertaker for the benefit of the protected landscapes having regard to the amended duty under—

(a) section 11A(1A) (duty of certain bodies in relation to the purposes for which National Parks are designated) of the National Parks and Access to the Countryside Act 1949[^f00102]; and

(b) section 85(A1) (general duties of public bodies etc.) of the Countryside and Rights of Way Act 2000[^f00103].

(2) If agreement is not reached regarding the financial contribution referred to in paragraph (1), the parties are to agree that the matter is referred to an agreed independent assessor or arbitrator or, failing agreement, to be appointed on the application of any party (after giving notice to the other parties) by the Centre for Effective Dispute Resolution.

(3) The parties are to agree a timetable with, and the provision of papers and documents to, the assessor.

(4) The costs of the consideration of the financial contribution by the assessor are to be paid by the undertaker.

(5) The reasonable costs of the conservation bodies incurred in connection with identifying the appropriate level of the financial contribution under this article are to be agree by the parties and paid by the undertaker.

(6) The assessor is to prepare a recommendation regarding the appropriate level of the financial contribution referred to in paragraph (1).

(7) The recommendation is to be submitted to the Secretary of State by the undertaker together with any supporting papers and documents provided to the assessor.

(8) In relation to the recommendation made by the assessor, the Secretary of State may—

(a) approve the recommendation;

(b) refuse the recommendation; or

(9) Prior to the commencement of dual runway operations, the undertaker must pay the financial contribution agreed under paragraph (1) or determined under paragraph (8) to the South Downs National Park Authority for use by that authority and onward distribution to the other conservation bodies in such proportion as is agreed by the conservation bodies.

(10) Each of the conservation bodies must allocate its portion of the financial contribution to projects—

(a) that further the purposes of conserving or enhancing its protected landscape; and

(b) in a manner consistent with the management plan in effect from time to time for that protected landscape.

(11) Without prejudice to the generality of paragraph (10), projects may include—

(a) the conservation of the Dark Skies Reserve through allocation towards light monitoring and reporting;

(b) the annual Dark Skies Festival;

(d) a tranquillity assessment and associated programme of advice, guidance and public engagement.

(12) Article 52 (arbitration) will not apply to any difference or dispute under this article.

(13) In this article—

“the assessor” means— the agreed independent assessor or arbitrator; or the arbitrator appointed by the Centre for Effective Dispute Resolution;

“the conservation bodies” means— the High Weald National Landscape Partnership; the Kent Downs National Landscape Partnership; the South Downs National Park Authority; and the Surrey Hills AONB Board;

“the parties” means the undertaker, Natural England and the conservation bodies; and

“the protected landscapes” means— the High Weald National Landscape; the Kent Downs National Landscape; the South Downs National Park; and the Surrey Hills National Landscape.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the administrative area of Crawley Borough Council, Reigate and Banstead Borough Council, Mole Valley District Council and Tandridge District Council

A nationally significant infrastructure project as defined in sections 14 (nationally significant infrastructure projects: general), 22 (highways) and 23 (airports) of the 2008 Act; and associated development as defined in section 115(2) of the 2008 Act, comprising as follows—

Airfield works

Work No. 1

Works to reposition the existing northern runway 12 metres to the north (measured from the centreline of the existing northern runway).

Work No. 2

Works to construct a runway access track between the repositioned northern runway and the main runway, running east to west.

Work No. 3

Works to convert three existing aircraft stands to overnight parking/remote aircraft stands, including the installation of fuel hydrants, fixed electric ground power, lighting and stand entry guidance systems.

Work No. 4

Works relating to the runways and taxiways including works to—

(a) reposition and resurface Taxiway Juliet East between Taxiway Quebec and Taxiway Uniform;

(b) reposition and resurface exit/entrance taxiways between the repositioned northern runway and Taxiway Juliet;

(i) remove substation BJ;

(ii) construct pumping station 7a;

(iii) remove a stand;

(iv) construct a stand north-east of Hangar 7;

(v) re-configure existing remote stands; and

(vi) remove car park hardstanding and facilities.

(d) extend Taxiway Tango northward to the extended Taxiway Lima;

(e) reposition and resurface the exit/entrance taxiways from the main runway to the repositioned northern runway;

(f) construct an end around taxiway (End Around Taxiway West) and flood conveyance syphons;

(g) construct an end around taxiway (End Around Taxiway East) from the main runway to Taxiway Yankee and flood conveyance syphons;

(h) reposition and resurface Taxiway Juliet West, including the relocation of substation BK;

(i) construct a taxiway spur (Taxiway Juliet West Spur); and

(j) resurface existing taxiways including—

(i) Taxiway Uniform;

(ii) Taxiway Whiskey;

(iii) Taxiway Zulu; and

(iv) Taxiway Victor.

Work No. 5

Works to the Aircraft Holding Area (Charlie Box) including works to—

(a) relocate substation BR;

(b) remove the existing airside operations building;

(d) relocate de-icer storage tanks;

(e) relocate substation BP;

(f) re-configure existing remote aircraft stands; and

(g) construct taxiways and aircraft hold points.

Work No. 6

Works to construct a new pier (Pier 7) including works to—

(a) construct a three-floor pier, including passenger circulation space, passenger service areas, processing and waiting areas for passengers and access structures to board aircraft;

(b) construct the Pier 7 Autonomous Vehicle Station;

(d) construct up to 14 aircraft stands;

(e) construct a new substation; and

(f) remove car park hardstanding and facilities.

Work No. 7

Works to construct the Oscar Area including works to—

(a) construct a taxiway connection between Taxiway Juliet and Taxiway Tango;

(b) relocate substation A; and

Airport support facilities

Work No. 8

Works to remove the airside support facilities including—

(a) the Central Area Recycling Enclosure (CARE) facility;

(b) motor transport facilities;

(d) airfield surface transport facilities;

(e) Rendezvous Point North;

(f) emergency air traffic control tower; and

(g) former TCR Snowbase building.

Work No. 9

Works to construct the replacement Central Area Recycling Enclosure (CARE) facility including—

(a) a materials recovery facility;

(b) card baling facilities

(d) a baled waste storage area;

(e) office accommodation and welfare facilities; and

(f) hardstanding area for storage, parking, quarantine, vehicle manoeuvring and other associated uses.

Work No. 10

Works to construct the replacement motor transport facilities including—

(a) a parts store;

(b) a ramps, pits and tyre store;

(d) a workshop;

(e) a heavy goods vehicle (HGV) refuelling area;

(f) a vehicle wash area;

(g) parking;

(h) office and welfare facilities; and

(i) works to remove car park hardstanding and facilities.

Work No. 11

Works to construct the replacement grounds maintenance facilities including—

(a) an open vehicle storage shed;

(b) a closed tool shed;

(d) office and welfare facilities;

(e) parking;

(f) a green waste compost area; and

(g) vehicular access.

Work No. 12

Works to construct the replacement airfield surface transport facilities including—

(a) an open vehicle storage shed;

(b) a grit and salt store; and

Work No. 13

Works to construct the replacement Rendezvous Point North, comprising a hardstanding area and cabin building, including removal of car park hardstanding and facilities.

Work No. 14

Works to remove and construct the replacement fire training ground including works to—

(a) relocate substation J;

(b) remove existing structures on the replacement fire training ground site; and

Work No. 15

Works to construct the satellite airport fire service facility, including a main garage building.

Work No. 16

Works to construct a new aircraft hangar.

Work No. 17

Works to relocate the Hangar 7 support structures including works to—

(a) remove existing support structures; and

(b) construct relocated support structures.

Work No. 18

Works to remove and replace the western noise mitigation bund including works to—

(a) remove the existing western noise bund;

(b) construct the replacement noise bund and wall; and

Work No. 19

Works to construct pumping station 2a.

Work No. 20

Works to realign Larkins Road.

Terminal works

Work No. 22

Works associated with the North Terminal building including works to—

(a) extend the International Departure Lounge on levels 20, 30 and 40 to the north;

(b) extend the International Departure Lounge on levels 10, 20 and 30 to the south;

(d) construct the North Terminal autonomous vehicle station;

(e) construct the autonomous vehicle maintenance building;

(f) reconfigure internal facilities;

(g) construct a multi-storey car park;

(h) demolish the CIP building and circulation building; and

(i) remediate the coaching gates.

Work No. 23

Works associated with the South Terminal building including works to—

(a) extend the International Departure Lounge on levels 10, 20, 30, and 40;

(b) reconfigure internal facilities;

(d) construct additional coaching gates.

Work No. 24

Works to upgrade the North Terminal forecourt including access roads.

Work No. 25

Works to upgrade the South Terminal forecourt including access roads.

Hotels, offices and car parking

Work No. 26

Works to construct a hotel north of multi-storey car park 3.

Work No. 27

Works to construct a hotel on the car rental site.

Work No. 28

Works associated with the Car Park H site including works to—

(a) construct a hotel;

(b) construct an office;

(d) demolish Car Park H; and

(e) external vehicle and pedestrian accesses.

Work No. 29

Works to convert the existing Destinations Place office into a hotel.

Work No. 30

Works to construct Car Park Y including—

(a) earthworks and works to construct an attenuation storage facility with a capacity of approximately 32,000m³; and

(b) construction of a multi-storey car park.

Work No. 31

Works associated with Car Park X including—

(a) earthworks and landscaping;

(b) construction of a flood compensation area with a capacity of approximately 55,000m³;

(d) access improvements;

(e) deck parking provision, a re-provision of Purple Parking; and

(f) surface parking amendments.

Work No. 32

Works to remove existing car parking at North Terminal Long Stay car park and construct a decked car parking structure.

Work No. 33

Works associated with the existing Purple Parking car park including—

(a) removal of existing decked car parking structure;

(b) partial removal of existing surface car parking;

(d) re-configuration of remaining surface level car parking.

Work No. 34

Works to—

(a) remove Car Park B South;

(b) remove Car Park B North; and

Surface access works

Work No. 35

Works associated with the South Terminal Junction improvements including—

widening and realignment of the mainline carriageway of Gatwick Spur/Airport Way, 1740m long, to include a new flyover over the South Terminal Roundabout and the provision of a third lane eastbound on Gatwick Spur between South Terminal Roundabout and M23 Junction 9;

construction of a new eastbound merge slip road (Gatwick Spur Eastbound Merge), 330m long, from South Terminal Roundabout to Gatwick Spur;

construction of a new westbound diverge slip road (Gatwick Spur Westbound Diverge), 420m long, from Gatwick Spur to the South Terminal Roundabout;

realignment of the existing South Terminal Roundabout;

construction of a new eastbound diverge slip road (Airport Way Eastbound Diverge), 265m long, from Airport Way to South Terminal Roundabout;

construction of a new westbound merge slip road (Airport Way Westbound Merge), 275m long, from South Terminal Roundabout to Airport Way;

realignment and widening of the existing Ring Road North, 80m long;

realignment and widening of the existing Ring Road South, 85m long;

realignment and widening of the existing B2036 Balcombe Road, 160m long;

10.

construction of a new footway connection for pedestrians between B2036 Balcombe Road and Ring Road South, 380m long;

construction of a 230m long retaining wall, to the northeast of Balcombe Road Underbridge (Retaining Wall 27);

construction of a 35m long retaining wall, to the southeast of Balcombe Road underbridge (Retaining Wall 37);

construction of a 45m long retaining wall, between Gatwick Spur Westbound Diverge and Gatwick Spur (Retaining Wall 39);

construction of a 25m long retaining wall, between Gatwick Spur Eastbound merge and Gatwick Spur (Retaining Wall 40);

construction of a replacement bridge (Balcombe Road Underbridge) to carry Gatwick Spur, Gatwick Spur Eastbound Merge and Gatwick Spur Westbound Diverge over B2036 Balcombe Road;

construction of a new 170m retaining wall, between the southern side of Balcombe Road underbridge and South Terminal Roundabout (Retaining Wall 38);

construction of a new 160m long retaining wall, between Gatwick Spur Eastbound Merge and Gatwick Spur (Retaining Wall 26);

construction of a new 165m long retaining wall, between Gatwick Spur Westbound Diverge and Gatwick Spur (Retaining Wall 23);

construction of a new flyover structure (South Terminal Flyover Bridge), to carry the Gatwick Spur/Airport Way dual carriageway over South Terminal Roundabout;

10.

construction of a new 160m long retaining wall, between Airport Way Eastbound Diverge and Airport Way (Retaining Wall 25);

11.

construction of a new 180m long retaining wall, between Airport Way Westbound Merge and Airport Way (Retaining Wall 24);

12.

construction of a new 370m long retaining wall, on the southern side of the Airport Way Westbound Merge, East of the Airport Way Rail Bridge (Retaining Wall 22);

construction of a new land drainage ditch to the south of Gatwick Spur Westbound Diverge;

modification of the existing Balcombe Road Culvert East under Gatwick Spur to the east of B2036 Balcombe Road;

construction of a new attenuation pond (Pond 1), with an approximate capacity of 2,900m³, with associated drainage facilities, access and landscaping located to the northeast of South Terminal Roundabout; and

construction of a new proposed culvert (Balcombe Road Culvert West) on the western side of B2036 Balcombe Road.

Work No. 36

Works associated with the North Terminal Junction improvements including—

widening and realignment of the existing A23 London Road between the Airport Way Bridge over A23 London Road and the new A23 London Road / North Terminal Link Signal-Controlled Junction, 545m long;

construction of a new signal-controlled junction (A23 London Road / North Terminal Link Signal-Controlled Junction) for the interface between A23 London Road and the new North Terminal Link;

widening and realignment of the existing A23 London Road between the new A23 London Road / North Terminal Link Signal-Controlled Junction and the A23 London Road bridge over the River Mole, 480m long, to include the provision of three lanes northbound between the North Terminal Flyover Link merge and the A23 London Road bridge over the River Mole;

realignment and widening of the existing Airport Way Westbound between the Airport Way Rail Bridge and the new North Terminal Flyover Link, 550m long, to include the provision of a third lane westbound;

realignment and reconfiguration of the existing diverge from A23 London Road to Airport Way Eastbound (A23 London Road Diverge to Airport Way Eastbound), 635m long;

construction of a new flyover link (North Terminal Flyover Link) over the North Terminal Roundabout between Airport Way Westbound and A23 London Road Northbound, 650m long;

construction of a new diverge from Airport Way Westbound to North Terminal Roundabout (Airport Way Diverge to North Terminal Roundabout), 425m long;

realignment and widening of the existing North Terminal Roundabout;

construction of a new left-in diverge from A23 London Road Northbound to North Terminal roundabout (A23 London Road Northbound Left-in Diverge to North Terminal Roundabout), 325m long;

10.

construction of a new link road (North Terminal Link) from North Terminal Roundabout to a new signal-controlled junction on A23 London Road, 105m long;

11.

realignment and widening of the existing Northway, 65m long;

12.

realignment and widening of the existing Longbridge Way, 90m long;

13.

realignment and widening of the existing Gatwick Way, 165m long;

14.

realignment and widening of the existing Perimeter Road North, 270m long;

15.

realignment and widening of the existing North Terminal Approach Road, 125m long;

16.

construction of a new active travel path for pedestrians and cyclists between Longbridge Roundabout and North Terminal Roundabout including crossings of internal Gatwick Airport roads, 775m long;

17.

construction of a new ramp connection for pedestrians and cyclists between A23 London Road and Riverside Garden Park, 120m long;

widening of the existing Airport Way bridge over the London to Brighton Railway (Airport Way Rail Bridge);

construction of a new 240m long retaining wall on the southern side of Airport Way to the west of the Airport Way Rail Bridge (Retaining Wall 36);

construction of a new flyover bridge structure (North Terminal Flyover Bridge), to carry the new North Terminal Flyover Link over the new North Terminal Link;

construction of a new 85m long retaining wall, southeast of the North Terminal Flyover Bridge (Retaining Wall 32);

construction of a new 160m long retaining wall, located between Airport Way Westbound Diverge to North Terminal Roundabout and the existing Inter Terminal Transit Shuttle viaduct (Retaining Wall 30);

construction of a new 160m long retaining wall, located between North Terminal Flyover Link and A23 London Road (Retaining Wall 33);

construction of a new 160m long retaining wall, located east from the Bridge over the River Mole, adjacent to ramp down to Riverside Garden Park (Retaining Wall 21);

construction of a new widened bridge (A23 London Road bridge over the River Mole) to replace the existing bridge over the River Mole on A23 London Road; and

construction of a new attenuation basin (Basin 2), with an approximate capacity of 2,000m³, with associated drainage facilities, access and landscaping located to the northeast of North Terminal Roundabout.

Work No. 37

Works associated with the Longbridge Roundabout Junction improvements including—

widening and realignment of the existing A23 London Road between Longbridge Roundabout and the A23 London Road bridge over the River Mole, 130m long, to include the provision of three lanes northbound;

widening and realignment of the existing A23 Brighton Road, 220m long;

widening and realignment of the existing A217, 110m long;

realignment of the existing Povey Cross Road, 60m long;

widening and realignment of existing Longbridge Roundabout;

construction of a new 50m long retaining wall, northwest of the A23 London Road Bridge over the River Mole (Retaining Wall 35);

widening of the existing Longbridge Roundabout segregated left turn lane stilt structure;

construction of a new 35m long retaining wall, between the stilt structure and A23 Brighton Road Bridge over the River Mole (Retaining Wall 34);

construction of a new widened bridge (A23 Brighton Road Bridge over the River Mole) to replace the existing bridge over the River Mole on A23 Brighton Road;

construction of a new 30m long retaining wall east of the A23 Brighton Road Bridge over the River Mole (Retaining Wall 18);

construction of a new 45m long retaining wall on the southern side of Longbridge Roundabout (Retaining Wall 19);

construction of a new 40m long retaining wall on the northern side of Longbridge Roundabout (Retaining Wall 20);

construction of a new attenuation basin (Basin 3), with an approximate capacity of 600m³, with associated drainage facilities, access and landscaping located to the north of Longbridge Roundabout; and

modification of the existing A23 Brighton Road Culvert located to the east of the River Mole.

Miscellaneous

Work No. 38

Works to construct the habitat enhancement area and flood compensation area at Museum Field including works to—

(a) construct a flood compensation area with a capacity of approximately 57,600m³;

(b) extend Gatwick greenspace footpath;

(d) undertake earthworks, landscaping and a bund around the southern and eastern perimeter;

(e) construct footbridge; and

(f) construct two farm access bridges.

Work No. 39

Works associated with the River Mole including works to—

(a) divert and extend river course;

(b) construct and extend culverts and syphons;

(d) remove and infill Pond A;

(e) construct a connection from Pond A catchment to Pond M; and

(f) deliver ecological mitigation measures.

Work No. 40

Works associated with land to the north east of Longbridge Roundabout including works to—

(a) construct a pedestrian footbridge over the River Mole;

(b) deliver no less than 0.52ha of planting; and

Work No. 41

Works to create an ecological area at Pentagon Field including works to—

(a) establish a temporary spoil receptor site;

(b) permanently raise the ground level to create a raised spoil platform with a maximum height of up to 4m (above datum) and with side slopes of a maximum of 1 in 3 gradient; and

(i) delivering no less than 1ha of planting, including the reinstatement of grassland;

(ii) planting a woodland tree belt of no less than 250 metres in length and no less than 15 metres in width along the site’s eastern boundary adjacent to Balcombe Road; and

(iii) planting native woodland in the south-east portion of the site.

Work No. 42

Works to—

(a) establish a habitat enhancement area along Perimeter Road East and Perimeter Road South including replacement hedgerows and habitat suitable for bats along Crawter’s Brook; and

(b) construct a weir and a fish pass.

Work No. 43

Works to construct water treatment works comprising a constructed wetland (reed bed) treatment system including—

(a) reed beds, surrounded by embankments and suitable boundary treatment;

(b) associated plant, equipment and machinery;

(d) storage unit; and

(e) reprovision of car parking for Gatwick Greenspace Partnership.

Work No. 44

Works to—

(a) remove existing surface car parking and associated structures; and

(b) construct wastewater treatment works.

In connection with the construction of any of those works, and other development in the Order limits, ancillary or related development—

(a) earthworks and excavations (including tunnelling, soil stripping and storage, site levelling, vegetation clearance, spoil screening/storage for re-use on site and remediation); provision of spoil retaining structures, bunds and ground terracing to formation levels; and site ground preparation works including land remediation, vegetation clearance and groundwater de-watering;

(b) provision, protection, diversion and relocation of surface drainage systems (including swales, ditches, culverts, outfalls, ponds, basins and water treatment and pumping); foul water drainage systems (including pipework, sewage treatment plant, pumps and outfalls); utilities, including electricity, telecommunications, water and power supplies (including substations, switchgear and transformers); cables, pipes, shafts, trenches tunnels and associated access points; and associated protective works for such infrastructure (including footbridges, barriers and grates);

(c) construction and provision of building compounds, external building plant and equipment, stacks and chimneys, access structures (including ladders, stairs and platforms) aerials and communication plant and equipment;

(d) works to create temporary or permanent landscaping (including temporary or permanent mounds); drainage and flood compensation (including flood attenuation works); finished ground levels; means of enclosure; and reinstatement/replacement of, or construction of, boundary walls and security fences (including gates and retaining walls);

(e) provision of permanent and temporary hard-standing areas; welfare/office accommodation, workshops and stores; secure entrances; structures and plant; site access points; security kiosks and buildings, perimeter and internal fencing; gates, barriers and bollards; vehicle and bicycle parking areas; vehicular and pedestrian access routes and internal roads; storage and handling areas; signage; CCTV poles and mountings; lighting poles and fittings; facilities and equipment for processing of excavated and construction materials; treatment enclosures; and any other temporary and permanent works required;

(f) habitat creation and management;

(g) alteration of the layout of any street permanently or temporarily, including but not limited to increasing the width of the carriageway of the street by reducing the width of any footpath, footway, cycle track or verge within the street; altering the level or increasing the width of any such footpath, footway, cycle track or verge; and reducing the width of the carriageway of the street;

(h) works required for the strengthening, improvement, maintenance, or reconstruction of any street;

(i) ramps, means of access, non-motorised links, footpaths, footways, bridleways, cycle tracks and crossing facilities;

(j) embankments, viaducts, aprons, abutments, shafts, foundations, retaining walls, drainage, outfalls, ditches, pollution control devices, wing walls, highway lighting, fencing and culverts;

(k) street works, including breaking up or opening a street, or any sewer, drain or tunnel under it; tunnelling or boring under a street;

(l) works to place, alter, divert, relocate, remove or maintain the position of apparatus, services, plant and other equipment in a street, or in other land, including mains, sewers, drains, pipes, lights and cables;

(m) landscaping, noise barriers, works associated with the provision of ecological mitigation and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

(n) works for the benefit or protection of land affected by the authorised development;

(o) works to place, alter, remove or maintain road furniture;

(p) the felling of trees and hedgerows;

(q) establishment of site construction compounds, storage areas, temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction related buildings, welfare facilities, construction lighting, haulage roads and other machinery, apparatus, works and conveniences;

(r) the provisions of other works including service roads, internal site roads, pavement works, kerbing and paved areas works, signing, signals, gantries, road markings works, traffic management measures including temporary roads and such other works as are associated with the construction, operation or maintenance of the authorised development; and

(s) such other works, working sites storage areas, works of demolition or works of whatever nature, as may be necessary or expedient for the purposes of, or for purposes associated with or ancillary to, the construction, operation or maintenance of the authorised development which do not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS PERTAINING TO CONSTRUCTION

Interpretation

1

(1) In this Part of this Schedule, each of—

“appendix 1 of the design and access statement”;

“carbon action plan”;

“construction dust management strategy”;

“construction resources and waste management plan”;

“flood resilience statement”;

“forecast data book”;

“odour monitoring and management plan”;

“operational waste management strategy”;

“outline construction traffic management plan”;

“outline construction workforce travel plan”;

“public rights of way management strategy”;

“soil management strategy”;

“surface access commitments”;

“surface access drainage strategy”;

“water treatment works footpath plan”;

“written scheme of investigation for Surrey”; and

“written scheme of investigation for West Sussex”, means the document of that description certified by the Secretary of State under article 50 (certification of documents, etc.);

“aircraft movements” means commercial or non-commercial aircraft take-offs and landings, but shall not include diverted or emergency flights;

“airport passengers” means passengers travelling to or from the airport in connection with aircraft movements;

“begin” has the meaning given in section 155 (when development begins) of the 2008 Act and is to have a meaning distinct to “commence” in this Order;

“CAA” means the Civil Aviation Authority or any successor organisation with their statutory functions;

“commencement of dual runway operations” means the first day on which aircraft movements are scheduled to depart from both the repositioned northern runway and the main runway, which will exclude any days on which both runways are used by the undertaker to test dual operations following approval by the CAA for dual operations;

“commercial air transport movements” means take-offs and landings of aircraft engaged on the transport of passengers, freight or mail on commercial terms, and does not include diverted or emergency flights;

“eligible premises” means premises approved in writing by the relevant local planning authority after its consideration of potentially eligible premises provided by the undertaker;

“emergency flights” means aircraft movements which do not carry commercial passengers, and which include but are not restricted to— flights operated by government or relief organisations for humanitarian reasons; flights operated by the armed forces for military purposes; medical flights; or a particular occasion or series of occasions which are to be disregarded pursuant to a notice published by the Secretary of State under section 78(4) or (5)(f) (regulation of noise and vibration from aircraft) of the Civil Aviation Act 1982[^f00104] or set out in guidance published by the Secretary of State in connection with those provisions;

“host authorities” means CBC, MVDC, RBBC, Surrey County Council, TDC and West Sussex County Council;

“independent air noise reviewer” means the CAA (or such other competent body with knowledge and expertise to perform that function as appointed by the Secretary of State from time to time);

“LAeq 8h” means the equivalent sound level of aircraft noise in dBA for the 8 hour annual day. For conventional historical contours for a particular year this is based on the daily average movements that take place between 2300 and 0700 local time during the 92-day period 16 June to 15 September inclusive;

“LAeq 16h” means the equivalent sound level of aircraft noise in dBA for the 16 hour annual day. For conventional historical contours for a particular year this is based on the daily average movements that take place between 0700 and 2300 local time during the 92-day period 16 June to 15 September inclusive;

“lead local flood authority” has the same meaning as in section 6(7) (other definitions) of the Flood and Water Management Act 2010[^f00105]

“listed works” means the works listed in requirement 4 as the non-highway works for which detailed design approval is required;

“noise model verification report” means a report detailing the review undertaken by an independent expert with credentials to carry out that review approved by the Institute of Acoustics to verify noise monitoring data in the noise model, including the siting of the noise and track keeping terminals and processing of data, which shall make recommendations to improve the validity of the noise modelling in future years where identified to be necessary;

“potentially eligible premises” means a main residence, school or college, hospital, library, place of worship, or community facility, where, following the commencement of dual runway operations, air noise, ground noise or combined air and ground noise is predicted to exceed 54 dB LAeq 16 h, and for main residences where, following the commencement of dual runway operations, air noise, ground noise or combined air and ground noise is predicted to exceed 48 dB LAeq 8 h; and

“substantially in accordance with” means that the plan or detail to be submitted should in the main accord with the outline document and where it varies from the outline document should not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(2) References in this Part of this Schedule to part of the authorised development are to be construed as references to elements of the authorised development in respect of which an application is made by the undertaker under this Part of this Schedule, and references to commencement of part of the authorised development in this Schedule are to be construed accordingly.

(3) References in this Part of this Schedule to phases of the authorised development are to be construed as references to phases identified in a phasing scheme submitted under requirement 2.

(4) Where submitted details or actions can be “otherwise agreed” by a discharging authority pursuant to requirements 4, 5, 7, 8(4), 10(3), 11(3), 12(3), 13(3), 14(1) and (2), 20, 21, 22(3), 23(2), 24, 25(3), 27(3), 28(3), 29(3), 30(3), 31(3), 32, 35, 37(1) and 38(3) and 39 such agreement is not to be given by the discharging authority save where it has been demonstrated to the satisfaction of the discharging authority that the departure from the previously certified or approved document, details or obligation does not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement.

(5) If before the coming into force of this Order the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of this Part of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

Phasing scheme

2

(1) The authorised development must not commence unless, no less than four months prior to the anticipated date of commencement, a phasing scheme setting out the anticipated phases for construction of the authorised development has been submitted to the host authorities and National Highways.

(2) The undertaker must review and make any necessary updates to the phasing scheme and submit that updated phasing scheme to the host authorities and National Highways—

(a) no later than three years from the date of commencement of the authorised development;

(b) at any time if the undertaker proposes a significant change to the contents or timing of the phases of construction in a previously submitted phasing scheme; and

(c) no later than every three years after the date of the most recent submission of a phasing scheme under this sub-paragraph,

provided that the undertaker is not required to submit any further phasing scheme after the later of—

(d) the fifteenth anniversary of the commencement of the authorised development;

(e) the tenth anniversary of the commencement of dual runway operations; and

(f) the fifth anniversary of the commencement of the later of Work No. 35 (South Terminal Junction improvements), Work No. 36 (North Terminal Junction improvements) or Work No. 37 (Longbridge Roundabout Junction improvements).

(3) In submitting an updated phasing scheme under sub-paragraph (2)(b) the undertaker must make the submission at least 3 months before the significant change in question is implemented unless otherwise agreed in writing by CBC.

(4) Where any requirement in this Schedule requires the submission to any of the host authorities or National Highways for approval of details or a document relating to the authorised development, the undertaker must provide in writing to the host authority or National Highways (as relevant) in question indicative timings for the submission of the relevant details or document in question at least 3 months before their submission unless otherwise agreed in writing by the host authority in question or National Highways (as relevant).

(5) Where any requirement in this Schedule requires the submission to any of the host authorities or National Highways of details or a document relating to a part of the authorised development, the undertaker must—

(a) state which phase that part falls within by reference to the most recent phasing scheme submitted under sub-paragraph (1) or (2); and

(b) where the part does not constitute the whole phase—

(i) identify which works in Schedule 1 (authorised development) constitute the part, including by reference to the works plans (where applicable); and

(ii) provide indicative timings for the submission of the relevant details or document for the remainder of works in that phase.

(6) In this requirement “phasing scheme” means a written document which—

(a) identifies, by reference to Schedule 1 (authorised development), the works that are anticipated to be constructed within successive temporal phases of construction;

(b) includes a layout plan showing the location of the works anticipated to be constructed in each phase; and

(c) includes an indicative construction programme for any phases to be delivered in the five years following the date of submission of the phasing scheme and indicative timings for the delivery of later phases;

Time limit and notifications

3

(1) The authorised development must begin no later than the expiration of five years beginning on the start date.

(2) The undertaker must notify the host authorities—

(a) within 7 days after the date on which the authorised development begins;

(b) at least 42 days prior to the anticipated date of commencement of the authorised development, provided that commencement may still lawfully occur if notice is not served in accordance with this sub-paragraph;

(d) at least 42 days prior to the anticipated date of commencement of dual runway operations; and

(e) within 7 days after the actual commencement of dual runway operations.

Detailed design

4

(1) No part of the authorised development (except for the highway works and listed works) is to commence until CBC has been consulted on the design of that part.

(2) Consultation under sub-paragraph (1) must take place by—

(a) the undertaker providing CBC with an explanatory note, drawings (where necessary) and a compliance statement regarding the design of the part in question; and

(b) CBC providing its comments (if any) within 8 weeks beginning with the day after the information was provided to CBC pursuant to sub-paragraph (2)(a), unless a longer time period is agreed in writing between CBC and the undertaker.

(3) Any part of the authorised development to which sub-paragraph (1) applies must be carried out in accordance with the design principles in appendix 1 of the design and access statement unless otherwise agreed in writing with CBC.

(4) No part of any listed works is to commence until the details referred to in sub-paragraph (5) for the layout, siting, scale and external appearance of the buildings, structures and works within that part have been submitted to and approved in writing by—

(a) for Work No. 40(a) (pedestrian footbridge over the River Mole), MVDC (in consultation with RBBC); and

(b) for all other listed works, CBC.

(5) The details referred to in sub-paragraph (4) must include—

(a) an explanatory note;

(b) drawings;

(d) details of layout, siting, scale, external appearance and levels (including existing and finished floor levels and ground levels);

(e) a schedule of external materials and finishes;

(f) details of any associated structures;

(g) access arrangements;

(h) an operational lighting scheme for the part;

(i) details of any construction and sustainability measures; and

(j) for part of a work that is subject to design review in accordance with annex A of appendix 1 of the design and access statement, the relevant “Design Review Statement” as defined in that annex A.

(6) The relevant part of the listed works must be carried out in accordance with the details approved under sub-paragraph (4) unless otherwise agreed in writing with MVDC (in consultation with RBBC) or CBC (as relevant depending on which authority approved the details).

(7) In this requirement “compliance statement” means a document that sets out how—

(a) the part of the authorised development in question will be constructed in accordance with the design principles in appendix 1 of the design and access statement, unless otherwise agreed in writing with—

(i) for a part to which sub-paragraphs (1) or (4)(b) apply, CBC; or

(ii) for a part to which sub-paragraph (4)(a) applies, MVDC (in consultation with RBBC); and

(b) in carrying out that part the undertaker would comply with article 6 (limits of works), including detailing any reliance by the undertaker on article 6(6).

(8) The non-highway works for which detailed design approval is required is set in the table below.

(1) Work No.	(2) Work description
16	New aircraft hangar
22(a) – (c) and (g)	Extending the North Terminal International Departure Lounge and constructing a multi-storey car park
23(a)	Extending the South Terminal International Departure Lounge
26	Hotel north of multi-storey car park 3
27	Hotel on the car rental site
28(a) – (c)	Hotel, office and multi-storey car park on the Car Park H site
29	Converting the existing Destinations Place office into a hotel
30	Car Park Y
31	Car Park X
32	Works to remove existing car parking at North Terminal Long Stay car park and construct a decked car parking structure
40(a)	Pedestrian footbridge over the River Mole

Local highway works – detailed design

5

(1) No part of the local highway works is to commence until details of the layout, siting, scale and external appearance of the buildings, structures and works within that part have been submitted to and approved in writing by the relevant highway authority (in consultation with the relevant planning authority).

(2) The details referred to in sub-paragraph (1) must—

(a) be in accordance with the design principles in appendix 1 of the design and access statement unless otherwise agreed in writing with the relevant highway authority; and

(b) be in accordance with the surface access general arrangements, surface access engineering section drawings and surface access structure section drawings or otherwise demonstrate that in carrying out the part of the authorised development to which the submitted details relate the undertaker would comply with article 6 (limits of works), including detailing any reliance by the undertaker on article 6(7).

(3) The relevant part of the local highway works must be carried out in accordance with the details approved by the relevant highway authority under sub-paragraph (1) unless otherwise agreed in writing with the relevant highway authority.

National highway works

6

(1) The undertaker must carry out the national highway works in accordance with Part 3 of Schedule 9 (protective provisions for the protection of National Highways).

(2) Design details submitted to National Highways pursuant to paragraph 25(1)(c) (prior approvals and security) of Part 3 of Schedule 9 to this Order must—

(a) be in accordance with the design principles in appendix 1 of the design and access statement unless otherwise agreed in writing with National Highways;

(b) be in accordance with the surface access general arrangements, surface access engineering section drawings and surface access structure section drawings or otherwise demonstrate that in carrying out the part of the authorised development to which the submitted details relate the undertaker would comply with article 6 (limits of works), including detailing any reliance by the undertaker on article 6(7); and

(c) to the extent that they constitute drainage details, be substantially in accordance with the surface access drainage strategy.

(3) The undertaker must have completed construction of the national highway works and made an application to National Highways for a provisional certificate pursuant to paragraph 28 (provisional certificate) of Part 3 of Schedule 9 in respect of the national highway works by the third anniversary of the commencement of dual runway operations, unless otherwise agreed in writing with National Highways, said agreement not to be unreasonably withheld or delayed.

Code of construction practice

7

Construction of the authorised development must be carried out in accordance with the code of construction practice unless otherwise agreed in writing with CBC.

Landscape and ecology management plan

8

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

The Gatwick Airport (Northern Runway Project) Development Consent Order 2025

Temporary use of land for carrying out the authorised development

36

Time limit for exercise of authority to temporarily use land for carrying out the authorised development

37

Temporary use of land for maintaining the authorised development

38

Special category land

39

Statutory undertakers

40

Apparatus and rights of statutory undertakers in stopped-up streets

41

Recovery of costs of new connections

42

Crown rights

43

Disregard of certain improvements, etc.

44

PART 6 — MISCELLANEOUS AND GENERAL

Disapplication of legislative provisions

45

Application of landlord and tenant law

46

Defence to proceedings in respect of statutory nuisance

47

No double recovery

48

Protection of interests

49

Certification of documents, etc.

50

Service of notices

51

Arbitration

52

Deemed consent

53

Conservation and enhancement of protected landscapes

54

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the administrative area of Crawley Borough Council, Reigate and Banstead Borough Council, Mole Valley District Council and Tandridge District Council

Airfield works

Work No. 1

Work No. 2

Work No. 3

Work No. 4

Work No. 5

Work No. 6

Work No. 7

Airport support facilities

Work No. 8

Work No. 9

Work No. 10

Work No. 11

Work No. 12

Work No. 13

Work No. 14

Work No. 15

Work No. 16

Work No. 17

Work No. 18

Work No. 19

Work No. 20

Terminal works

Work No. 22

Work No. 23

Work No. 24

Work No. 25

Hotels, offices and car parking

Work No. 26

Work No. 27

Work No. 28

Work No. 29

Work No. 30

Work No. 31

Work No. 32

Work No. 33

Work No. 34

Surface access works