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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

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(5) At any time within 56 days after the first publication of a notice under paragraph (3) any person who is a personal representative or relative of any deceased person whose remains are interred in the specified land may give notice in writing to the undertaker of that person’s intention to undertake the removal of the remains.

(6) Where a person has given notice under paragraph (5), and the remains in question can be identified, that person may cause such remains to be—

(a) removed and re-interred in any burial ground or cemetery in which burials may legally take place; or

(b) removed to, and cremated in, any crematorium,

and that person is to, as soon as reasonably practicable after such re-interment or cremation, provide to the undertaker a certificate for the purpose of enabling compliance with paragraph (11).

(7) The undertaker is to pay the reasonable expenses of removing and re-interring or cremating the remains of any deceased person under powers conferred by this article.

(8) If the undertaker is not satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be, or that the remains in question can be identified, the question is to be determined on the application of either party in a summary manner by the county court, and the court may make an order specifying who is to remove the remains and as to the payment of the costs of the application.

(9) If—

(a) within the period of 56 days referred to in paragraph (5) no notice under that paragraph has been given to the undertaker in respect of any remains in the specified land; or

(b) such notice is given and no application is made under paragraph (8) within 56 days after the giving of the notice but the person who gave the notice fails to remove the remains within a further period of 56 days; or

(c) within 56 days after any order is made by the county court under paragraph (8) any person, other than the undertaker, specified in the order fails to remove the remains; or

(d) it is determined that the remains to which any such notice relates cannot be identified,

subject to paragraph (10) the undertaker is to remove the remains and cause them to be re-interred in such burial ground or cemetery in which burials may legally take place as the undertaker thinks suitable for the purpose; and, so far as possible, remains from individual graves are to be re-interred in individual containers which are to be identifiable by a record prepared with reference to the original position of burial of the remains that they contain.

(10) If the undertaker is satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be and that the remains in question can be identified, but that person does not remove the remains, the undertaker must comply with any reasonable request that person may make in relation to the removal and re-interment or cremation of the remains.

(11) On the re-interment or cremation of any remains under powers conferred by this article—

(a) a certificate of re-interment or cremation is to be sent by the undertaker to the Registrar General giving the date of re-interment or cremation and identifying the place from which the remains were removed and the place in which they were re-interred or cremated; and

(b) a copy of the certificate of re-interment or cremation and the record mentioned in paragraph (9) is to be sent by the undertaker to the relevant planning authority.

(12) No notice is required under paragraph (3) before the removal of any human remains where the undertaker is satisfied—

(a) that the remains were interred more than 100 years ago; and

(b) that no relative or personal representative of the deceased is likely to object to the remains being removed in accordance with this article.

(13) In the case of remains in relation to which paragraph (12) applies, the undertaker—

(a) may remove the remains;

(b) must apply for direction from the Secretary of State under paragraph (14) as to their subsequent treatment; and

(14) The removal of the remains of any deceased person under this article must be carried out in accordance with any directions which may be given by the Secretary of State for Justice.

(15) Any jurisdiction or function conferred on the county court by this article may be exercised by the district judge of the court.

(16) Section 25 (offence of removal of body from burial ground) of the Burial Act 1857⁷¹ does not apply to a removal carried out in accordance with this article.

PART 5 — POWERS OF ACQUISITION AND POSSESSION

Compulsory acquisition of land

27

(1) The undertaker may—

(a) acquire compulsorily (including for a statutory undertaker or any other person) so much of the Order land as is required for the construction, operation or maintenance of the authorised development, or to facilitate it, or is incidental to it, or is required as replacement land; and

(b) use any land so acquired for the purposes authorised by this Order or for any other purposes in connection with or ancillary to the undertaking.

(2) This article is subject to article 30 (time limit for exercise of authority to acquire land compulsorily), article 28 (compulsory acquisition of rights and imposition of restrictive covenants), article 34 (acquisition of subsoil and airspace only), article 35 (rights under or over streets), article 43 (crown rights) and Schedule 9 (protective provisions).

Compulsory acquisition of rights and imposition of restrictive covenants

28

(1) Subject to paragraphs (2) to (4), the undertaker may acquire compulsorily such rights over the Order land or impose restrictive covenants affecting that land, including rights and restrictive covenants for the benefit of a statutory undertaker or any other person, as may be required for any purpose for which that land may be acquired under article 27 (compulsory acquisition of land) by creating them as well as acquiring rights already in existence.

(2) In the case of the Order land specified in column (1) of Schedule 7 (land in which only new rights etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of such wayleaves, easements, new rights in the land or the imposition of restrictive covenants, as may be required for the purpose specified in relation to that land in column (2) of that Schedule.

(3) Subject to Schedule 2A (counter-notice requiring purchase of land not in notice to treat) of the 1965 Act, as modified by paragraph 1 of Schedule 8 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants) of this Order, where the undertaker acquires a right over land or the benefit of a restrictive covenant affecting land under paragraph (1) or (2), the undertaker is not required to acquire a greater interest in that land.

(4) Schedule 8 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.

(5) In any case where the acquisition of rights or imposition of a restrictive covenant under paragraph (1) is required for the purposes of diverting, replacing or protecting the apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to acquire such rights or impose restrictive covenants to the statutory undertaker in question.

(6) The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker.

Compulsory acquisition of land – incorporation of the mineral code

29

(1) Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981⁷² are incorporated in this Order subject to the modifications that—

(a) paragraph 8(3) is not incorporated;

(b) for “the acquiring authority” substitute “the undertaker”;

(d) for “compulsory purchase order” substitute “this Order”.

(2) The interests and rights to which this article applies are any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.

(3) Any rule or principle applied to the construction of section 10 of the 1965 Act applies to the construction of paragraph (2) (with any necessary modifications).

Time limit for exercise of authority to acquire land compulsorily

30

After the end of the period of seven years beginning on the start date—

(a) no notice to treat is to be served under Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act; and

(b) no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 33 (application of the 1981 Act),

in relation to any part of the Order land.

Private rights of way

31

(1) Subject to the provisions of this article, all private rights of way over land subject to compulsory acquisition under this Order are extinguished on the earlier of—

(a) the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or

(b) the date of entry on the land by the undertaker under section 11(1)⁷³ (powers of entry) of the 1965 Act.

(2) Subject to the provisions of this article, all private rights of way over land owned by the undertaker that are within the Order land are extinguished at the start of any activity authorised by this Order which interferes with or breaches those rights.

(3) Subject to the provisions of this article, all private rights of way over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable for as long as the undertaker remains in lawful possession of the land.

(4) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation in accordance with the terms of section 152⁷⁴ (compensation in case where no right to claim in nuisance) of the 2008 Act 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) This article does not apply in relation to any right to which section 138⁷⁵ (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 40 (statutory undertakers) applies.

(6) Paragraphs (1) to (3) have effect subject to—

(a) any notice given by the undertaker before—

(i) the completion of the acquisition of the land or the acquisition of the rights over or the imposition of the restrictive covenant affecting the land;

(ii) the undertaker’s appropriation of it;

(iii) the undertaker’s entry onto it; or

(iv) the undertaker’s taking temporary possession of it,

that any or all of those paragraphs do not apply to any right specified in the notice; and

(b) any agreement made at any time between the undertaker and the person in or to whom the right in question is vested or belongs.

(7) Where an agreement referred to in paragraph (6)(b)—

(a) is made with a person in or to whom the right is vested or belongs; and

(b) is expressed to have effect also for the benefit of those deriving title from or under that person,

it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

Modification of Part 1 of the 1965 Act

32

(1) Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act, as applied to this Order by section 125⁷⁶ (application of compulsory acquisition provisions) of the 2008 Act is modified as follows.

(2) In section 4A(1)⁷⁷ (extension of time limit during challenge)—

(a) for “section 23 (application to High Court in respect of compulsory purchase order) of the Acquisition of Land Act 1981” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008”; and

(b) for “the applicable period for the purposes of section 4” substitute “the period of seven years as set out in article 30 (time limit for exercise of authority to acquire land compulsorily) of the Gatwick Airport (Northern Runway Project) Development Consent Order 2025”.

(3) In section 11A⁷⁸ (powers of entry: further notices of entry)—

(a) in subsection (1)(a), after “land” insert “under that provision”;

(b) in subsection (2), after “land” insert “under that provision”.

(4) In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article 30 (time limit for exercise of authority to acquire land compulsorily) of the Gatwick Airport (Northern Runway Project) Development Consent Order 2025”.

(5) In Schedule 2A⁷⁹ (counter-notice requiring purchase of land not in notice to treat)—

(a) for paragraphs 1(2) and 14(2) substitute—

(2) But see article 34 (acquisition of subsoil or airspace only) of the Gatwick Airport (Northern Runway Project) Development Consent Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule.

; and

(b) after paragraph 29, insert—

(30) In this Schedule, references to entering on and taking possession of land do not include doing so under article 23 (protective work to buildings), 36 (temporary use of land for carrying out the authorised development) or 38 (temporary use of land for maintaining the authorised development) of the Gatwick Airport (Northern Runway Project) Development Consent Order 2025.

Application of the 1981 Act

33

(1) The 1981 Act applies as if this Order were a compulsory purchase order.

(2) The 1981 Act, as so applied by paragraph (1), has effect with the following modifications.

(3) In section 1 (application of Act) for subsection (2) substitute—

(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.

(4) In section 5⁸⁰ (earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end.

(5) Omit section 5A⁸¹ (time limit for general vesting declaration).

(6) In section 5B(1)⁸² (extension of time limit during challenge)—

(a) for “section 23 (application to High Court in respect of compulsory purchase order) of the Acquisition of Land Act 1981” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008”; and

(b) for “the applicable period for the purposes of section 5A” substitute “the period of seven years as set out in article 30 (time limit for exercise of authority to acquire land compulsorily) of the Gatwick Airport (Northern Runway Project) Development Consent Order 2025 ”.

(7) In section 6⁸³ (notices after execution of declaration) for subsection (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134⁸⁴ (notice of authorisation of compulsory acquisition) of the Planning Act 2008”.

(8) In section 7⁸⁵ (constructive notice to treat) in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(9) In Schedule A1⁸⁶ (counter-notice requiring purchase of land not in general vesting declaration), omit paragraph 1(2).

(10) References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act and as modified by article 32 (modification of Part 1 of the 1965 Act) to the compulsory acquisition of land under this Order.

Acquisition of subsoil or airspace only

34

(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in article 27(1) (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

(2) Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over land referred to in paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.

(3) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil or airspace only—

(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as modified by article 32 (modification of Part 1 of the 1965 Act));

(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

(4) Paragraphs (2) and (3) are to be disregarded where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory.

Rights under or over streets

35

(1) The undertaker may enter on and appropriate so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised development and may use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised development.

(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 152⁸⁸ (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 13⁸⁹ (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 125⁹⁰ 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 2003⁹¹.

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 1991⁹²; 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 2017⁹³, 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 2010⁹⁴ 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 1990⁹⁵ in relation to a nuisance falling within paragraph (d), (e), (g) and (ga) of section 79(1)⁹⁶ (statutory nuisances and inspections therefor) of that Act no order is to be made, and no fine may be imposed, under section 82(2)⁹⁷ 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 1974⁹⁸; or

(ii) a consent given under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974⁹⁹; 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)¹⁰⁰ 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 1978¹⁰¹ 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 1949¹⁰²; and

(b) section 85(A1) (general duties of public bodies etc.) of the Countryside and Rights of Way Act 2000¹⁰³.

(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;

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