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

Work No. 37

Works associated with the Longbridge Roundabout Junction improvements including—

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;

• (c) construct a maintenance access road;

• (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;

• (c) construct a section of concrete channel;

• (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

• (c) deliver replacement open space.

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

• (c) reinstate the land by—

• (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;

• (c) cabin building;

• (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.

Ancillary or related development

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 1982¹⁰⁴ 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 2010¹⁰⁵

• “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;

• (c) within 7 days after the actual date of commencement of the authorised development;

• (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;

• (c) a compliance statement;

• (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

• (1) No part of the authorised development is to commence until a landscape and ecology management plan for that part has been submitted to and approved in writing by CBC (in consultation with RBBC, MVDC or TDC to the extent that they are the relevant planning authority for any land to which the submitted plan relates).

• (2) Where a landscape and ecology management plan submitted pursuant to sub-paragraph (1) relates to highways works, CBC must approve it also in consultation with the relevant highway authority.

• (3) Each landscape and ecology management plan submitted pursuant to sub-paragraph (1) must be substantially in accordance with the outline landscape and ecology management plan and must include a timetable for the implementation of the landscaping works it contains.

• (4) The relevant part of the authorised development must be carried out in accordance with the relevant landscape and ecology management plan approved pursuant to sub-paragraph (1) unless otherwise agreed in writing with CBC.

• (5) In respect of any landscape and ecology management plan for Work No. 40 (works associated with land to the north east of Longbridge Roundabout), the references in this requirement to “CBC” are to be read as “MVDC”.

Contaminated land and groundwater

9

• (1) In respect of any part of the authorised development where historical data cannot establish that the risk of contaminated land is low, the undertaker must conduct ground investigations prior to that part of the authorised development being commenced. The scope of these investigations must be agreed with the relevant planning authority (in consultation with the Environment Agency on matters related to its functions).

• (2) In the event that land affected by contamination, including groundwater, is found at any time when constructing the authorised development which was not previously identified in the environmental statement, it must be reported as soon as reasonably practicable to the relevant planning authority and the Environment Agency, and the undertaker must complete a risk assessment of the contamination in consultation with the relevant planning authority and the Environment Agency.

• (3) Where the undertaker’s risk assessment determines that remediation of contamination identified in, on, or under land from detailed site investigations, or as an unexpected discovery, is necessary, a remediation strategy comprising a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose must be submitted to and approved in writing by the relevant planning authority (in consultation with the Environment Agency on matters related to its functions).

• (4) Any required and agreed remediation must be carried out in accordance with the remediation strategy approved under sub-paragraph (3).

• (5) The remediation strategy submitted for approval pursuant to sub-paragraph (3) is to include a verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

• (6) Prior to the relevant part of the authorised development being occupied or used (as relevant) a verification report demonstrating the completion of works set out in the approved remediation strategy and the effectiveness of the remediation will be submitted to, and approved in writing by, the relevant planning authority. The report will include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.

Surface and foul water drainage

10

• (1) No part of the authorised development involving surface or foul water drainage (except for the highway works and listed works) is to commence until CBC has been consulted on the drainage for that part.

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

• (a) the undertaker providing CBC with an explanatory note, drawings (where necessary) and a compliance statement regarding the drainage 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 drainage 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 involving surface or foul water drainage is to commence until details of the surface and foul water drainage for that part, including means of pollution control and monitoring, have been submitted to and approved in writing by CBC (in consultation with West Sussex County Council, the Environment Agency and Thames Water Utilities Limited).

• (5) The drainage details referred to in sub-paragraph (4) must include those of the following that are reasonably considered necessary for the part of the listed work in question by CBC—

• (a) an explanatory note;

• (b) drawings;

• (c) a compliance statement;

• (d) details of layout, siting, scale, external appearance and levels;

• (e) details of any associated structures;

• (f) details of any construction and sustainability measures; and

• (g) 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 constructed in accordance with the details approved under sub-paragraph (4) unless otherwise agreed in writing by CBC (in consultation with West Sussex County Council, the Environment Agency and Thames Water Utilities Limited).

• (7) In this requirement “compliance statement” means a document that sets out how the part of the authorised development in question will be constructed in accordance with the drainage design principles in appendix 1 of the design and access statement unless otherwise agreed in writing with CBC.

Local highway surface water drainage

11

• (1) No part of the local highway works is to commence until written details of the surface water drainage for that part, including means of pollution control and monitoring, have been submitted to and approved in writing by the relevant highway authority (in consultation with the Environment Agency, the relevant lead local flood authority and the relevant planning authority).

• (2) The drainage details approved pursuant to sub-paragraph (1) must be substantially in accordance with the surface access drainage strategy.

• (3) The relevant part of the local highway works must be constructed in accordance with the details approved under sub-paragraph (1) unless otherwise agreed in writing by the relevant highway authority (in consultation with the Environment Agency and the relevant lead local flood authority).

Construction traffic management plan

12

• (1) No part of the authorised development is to commence until a construction traffic management plan for that part has been submitted to and approved in writing by CBC (in consultation with West Sussex County Council, Surrey County Council and National Highways on matters related to their function).

• (2) The construction traffic management plan submitted under sub-paragraph (1) must be substantially in accordance with the outline construction traffic management plan.

• (3) The relevant part of the authorised development must be constructed in accordance with the construction traffic management plan referred to in sub-paragraph (1), unless otherwise agreed in writing with CBC (in consultation with West Sussex County Council, Surrey County Council and National Highways on matters related to their function).

Construction workforce travel plan

13

• (1) No part of the authorised development is to commence until a construction workforce travel plan for that part has been submitted to and approved in writing by CBC (in consultation with West Sussex County Council, Surrey County Council and National Highways on matters related to their function).

• (2) The construction workforce travel plan submitted under sub-paragraph (1) must be substantially in accordance with the outline construction workforce travel plan.

• (3) The relevant part of the authorised development must be constructed in accordance with the construction workforce travel plan referred to in sub-paragraph (1), unless otherwise agreed in writing with CBC (in consultation with West Sussex County Council, Surrey County Council and National Highways on matters related to their function).

Archaeological remains

14

• (1) Work No. 34(b) (Car Park B North) must be carried out in accordance with the written scheme of investigation for Surrey unless otherwise agreed in writing by Surrey County Council.

• (2) Any part of the authorised development in West Sussex must be carried out in accordance with the written scheme of investigation for West Sussex unless otherwise agreed in writing with CBC.

• (3) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be retained in situ and reported to the relevant authority and Historic England as soon as reasonably practicable from the date they are identified.

• (4) No construction operations are to take place within 10 metres of the remains referred to in sub-paragraph (3) for a period of 14 days from the date of any report under sub-paragraph (3).

• (5) If the relevant authority determines in writing that the archaeological remains require further investigation, no construction operations are to take place within 10 metres of the remains until provision has been made for the further investigation and recording of the remains in accordance with details to be submitted to, and approved in writing by, the relevant authority in consultation with Historic England.

• (6) Construction operations which would otherwise be prohibited by sub-paragraphs (4) or (5) permitted to the extent that they are—

• (a) agreed in writing by the relevant authority in consultation with Historic England; or

• (b) necessary to address a potential risk identified by the undertaker to the safety of the authorised development or any of its parts, the public or the surrounding environment (in which case the undertaker must promptly notify the relevant authority and Historic England in writing of the operations which it has carried out).

• (7) In this requirement, the “relevant authority” means—

• (a) in respect of any land in West Sussex, CBC; and

• (b) in respect of any land in Surrey, Surrey County Council.

Air noise limits

15

• (1) The undertaker shall not operate the airport for dual runway operations unless the air noise contour enclosed areas set out in Table 1 are complied with.

Air noise contour	Enclosed area from the first to fifth year of dual runway operations	Enclosed area from the sixth year of dual runway operations
51 dB LAeq 16 h	135 km ²	125 km²
45 dB LAeq 8 h	146 km²	135 km²

• (2) Air noise contour reports shall be published annually by the undertaker to demonstrate compliance with this requirement, as soon as is reasonably practicable following the first year and subsequent years of dual runway operations. The air noise contour enclosed areas set out in Table 1 are to be calculated using the Civil Aviation Authority’s Environmental Research and Consultancy Department Aircraft Noise Contour model, version 2.4 or later.

• (3) The undertaker may submit a detailed written response to the Secretary of State to amend the air noise contour enclosed areas in Table 1 set out in sub-paragraph (1) in relation to any extraordinary review circumstances and, where approved by the Secretary of State, the air noise contour enclosed areas in Table 1 are to be read as amended in accordance with the decision of the Secretary of State.

• (4) A request to the Secretary of State under sub-paragraph (3) is to be made in accordance with the following process—

• (a) the undertaker must submit its detailed written request to the Secretary of State and the Secretary of State must provide the undertaker with an email address and postal address to which comments may be provided by interested parties on the request and specify a time limit (that is to comment on the undertaker’s notification under paragraph (b)) within which comments may be provided;

• (b) the undertaker must notify the persons listed in section 42(1) (duty to consult) of the 2008 Act and state that comments may be provided to the email address or postal address provided by the Secretary of State within the time limit specified by the Secretary of State;

• (c) after the conclusion of the time period for comments, the Secretary of State may make any further arrangements that are considered necessary or proportionate for making a decision and then proceed to make a decision to accept or refuse the request. The decision is to be notified to the undertaker and the undertaker is to be responsible for publishing that notification on a website maintained by the undertaker or on another publicly accessible website; and

• (d) the Secretary of State may agree in writing with the undertaker any amendment to this process.

• (5) Where the airport is operated for dual runway operations in excess of the air noise contour enclosed areas in Table 1, it is not a breach of the terms of this Order for the purposes of Part 8 of the 2008 Act if the exceedance is due to action taken in emergency circumstances in which there was reasonable cause for apprehending injury to persons or serious damage to property.

• (6) In this requirement, “extraordinary review circumstances” means circumstances outside the control of the undertaker which affect the noise environment at or around the airport, including but not limited to implementation of an airspace change.

• (7) Following the end of the ninth year of the scheme or when commercial air transport movements (take-offs and landings) reach 382,000, the undertaker will review the air noise limits every five years, with contour limits being put in place as measured by the summer season average day.

• (8) To ensure compliance with future noise limits, the undertaker will report compliance with the air noise limits and produce five yearly forecasts to project compliance which will be independently assessed by the CAA.

• (9) In this requirement—

• “detailed written request” should include details of the circumstances surrounding the request and the expected timeframe for resolution; and

• “time limit” means a period of consultation of four weeks, which could be varied on a request from the undertaker where the Secretary of State considers the circumstances appropriate to vary the time limit.

16

Not used.

Verification of air noise monitoring equipment

17

Within not more than six months following the end of the period of 12 months beginning with the commencement of dual runway operations and at 5 yearly intervals thereafter the undertaker must submit to the independent air noise reviewer a noise model verification report and the undertaker must publish on a website (including a page on a website) hosted by the undertaker for that purpose each noise model verification report submitted to the independent air noise reviewer within not more than 14 days after the date of its submission.

Receptor-based noise mitigation

18

• (1) Within not more than 3 months following the commencement of any of Work Nos. 1 – 7 (inclusive) or 18 (replacement western noise mitigation bund), the undertaker is to submit for approval to the relevant local planning authority—

• (a) a list of premises forecast to be potentially eligible premises at or after the commencement of dual runway operations (using the most recent available forecast at that time); and

• (b) details of how the provision of a package of receptor-based noise mitigation measures is to be promoted to those potentially eligible premises and how an owner (or occupier with the owner’s prior written consent) of such premises may apply for such a package.

• (2) Within not more than 3 months following the approval of the list and details in sub-paragraph (1), the undertaker must take the steps approved under sub-paragraph (1)(b) to notify the owners and occupiers of all eligible premises that the premises are eligible for the design and installation of a package of receptor based mitigation measures.

• (3) The undertaker must submit for approval by the relevant local planning authority details of the specific receptor-based mitigation measures for each eligible non-residential premises and the details submitted to the relevant planning authority must be—

• (a) reasonably expected to achieve the standards set out in section (c) of the noise insulation scheme document; and

• (b) comprised of measures selected from the list set out in section (d) of the noise insulation scheme document.

• (4) The maximum sums of money to be provided by the undertaker towards the package of receptor-based mitigation measures for eligible residential premises are as follows (plus VAT)—

• (a) inner zone - no limit;

• (b) outer zone 1 - £6,500; and

• (c) outer zone 2 - £4,500.

• (5) The maximum sum of money to be provided by the undertaker towards the package of receptor-based mitigation measures for non-residential premises is £250,000 (plus VAT) per applicant, per building or group of buildings in the same occupation and location.

• (6) Within not more than—

• (a) 12 months (for eligible premises with the inner zone); or

• (b) 24 months (for eligible premises with outer zone 1 or outer zone 2),

of receipt of a valid application for receptor-based mitigation measures from an owner (or occupier with the owner’s prior written consent) of eligible premises, the undertaker must, subject to access being granted to the premises, carry out a survey of those premises and submit for the agreement of the owner a specific package of receptor-based mitigation measures proposed to be installed at those premises.

• (7) In terms of eligible properties within the inner zone, the provision of a package of receptor-based noise mitigations is to include a dynamic thermal modelling report undertaken in line with the requirements set out in in the Chartered Institution of Building Services Engineer’s TM59: “Design methodology for the assessment of overheating risk in homes” (2017) or any later version.

• (8) The specific package submitted under sub-paragraph (6) must be for—

• (a) eligible residential premises, reasonably expected to achieve the standard set out in section (a) of the noise insulation scheme document and comprised of measures selected from the list set out in section (b) of the noise insulation scheme document; or

• (b) for eligible non-residential premises, in accordance with the specific package approved pursuant to sub-paragraph (3).

• (9) The undertaker is not obliged by anything in this requirement to install any receptor-based mitigation measures that are declined by an owner of eligible premises.

• (10) Where any eligible premises is a listed building, the undertaker is to submit (at the cost of the undertaker) the necessary application for the required consents following any requirements of the local conservation officer and Historic England’s guidance Energy Efficiency and Historic Buildings, Secondary Glazing for Windows, 2016 (or successor guidance).

• (11) If—

• (a) a relevant local planning authority refuses to approve the list of premises or promotion details pursuant to sub-paragraph (1) or fails to communicate a decision with 8 weeks of the submission of the list and/or details by the undertaker;

• (b) a relevant local planning authority refuses to approve details of the specific receptor-based mitigation measures pursuant to sub-paragraph (3) or fails to communicate a decision within 8 weeks of the submission of the details by the undertaker; or

• (c) an owner rejects the specific package of receptor-based mitigation measures proposed by the undertaker pursuant to sub-paragraph (6) on the basis that they consider that the package does not comply with sub-paragraph (7),

the undertaker, the relevant local planning authority or the owner (as relevant) may refer the matter to the noise insultation scheme independent panel.

• (12) Upon a referral pursuant to sub-paragraph (11), the noise insultation scheme independent panel may—

• (a) make a decision to approve details in place of the relevant local authority pursuant to sub-paragraph (1) or (3); or

• (b) confirm that the package of measures proposed to an owner pursuant to sub-paragraph (6) complies with sub-paragraph (7) or otherwise specify a revised package of measures that complies with sub-paragraph (7) that the undertaker is to be required to submit to the owner.

• (13) Subject to—

• (a) a relevant owner or occupier having made a valid application to the undertaker not less than two years from the date on which they were notified of their eligibility for receptor-based noise mitigation measures under sub-paragraph (2);

• (b) agreement by the owner or occupier of the eligible premises to the specific package of measures pursuant to sub-paragraph (6); and

• (c) if the eligible premises is a listed building, the grant of the necessary consents not less than 12 months prior to the relevant event,

the agreed package of receptor-based mitigation measures are to be installed and commissioned before the later of the commencement of dual runway operations or the year in which the premises is forecast to be within the relevant contour that rendered it a potentially eligible premises (using the most recent available forecast at that time).

• (14) Subsequent to the commencement of dual runway operations and annually thereafter the undertaker and the relevant local planning authority are to carry out modelling and with the relevant local planning authority to identify additional potentially eligible premises or adjustments to the specification of the measures provided, in the manner set out in section (e) and section (f) of the noise insulation scheme document. With regard to any such premises the undertaker must offer, design, install and commission a package of receptor-based mitigation measures that accords with the other provisions of this requirement as soon as reasonably practicable.

• (15) The undertaker must notify each owner or occupier of an eligible residential premises which is within the LAeq 66 dB air noise contour (as modelled based on actual operations of the previous summer following the commencement of dual runway operations) of their eligibility to receive a payment covering estate agent fees up to 1% of the purchase price and stamp duty costs to be met in full and any other reasonable moving costs (such as removals and storage) when requested by the owner, subject always to such entitlement being strictly limited to one claim per eligible premises.

• (16) Any dispute as to the costs offered or sought under sub-paragraph (15) may be referred by the undertaker or the relevant homeowner to the noise insulation scheme independent panel, which can decide whether the amount offered or sought is compliant with that sub-paragraph.

• (17) In this requirement—

• “ambient noise” means the ambient noise levels assessed in the manner set out in section (f) of the noise insulation scheme document;

• “eligible premises” means premises approved in writing by the relevant local planning authority pursuant to sub-paragraph (1) after its consideration of potentially eligible premises provided by the undertaker (and “eligible residential premises” and “eligible non-residential premises” mean the same as regards “potentially eligible residential premises” and “potentially eligible non-residential premises” respectively);

• “inner zone” means the area which is predicted to be within the LAeq 8 h 55 dB contour or the LAeq 16 h 60 dB contour following the commencement of dual runway operations;

• “noise insulation scheme independent panel” means the panel of experts that shall be established by the undertaker prior to Work Nos. 1 – 7 inclusive or 18 (replacement western noise mitigation bund), the composition, appointment and operation of which are described in section (g) of the noise insulation scheme document but in addition, in terms of the composition of the panel the Joint Local Authorities are to be consulted in selecting the members of the Independent Panel;

• “noise insulation scheme document” means the document of that description certified by the Secretary of State under article 50 (certification of documents, etc);

• “outer zone 1” means the area which is predicted to be within the LAeq 16 h 57 dB to 60 dB contour following the commencement of dual runway operations;

• “outer zone 2” means the area which is predicted to within the LAeq 16 h 54 dB to 57 dB or within the LAeq 8 h 48 dB to LAeq 16 h 54 dB contour following the commencement of dual runway operations;

• “potentially eligible premises” means potentially eligible non-residential premises and potentially eligible residential premises;

• “potentially eligible non-residential premises” means— a school or college where, following the commencement of dual runway operations, (a) air noise or (b) ground noise alone or in combination with air noise, which is above ambient noise, is predicted to exceed LAeq 16 h 51 dB; or a hospital, library, place of worship or noise sensitive community building where, following the commencement of dual runway operations, (a) air noise or (b) ground noise alone or in combination with air noise, which is above ambient noise, is predicted to exceed LAeq 16 h 63 dB;

• “potentially eligible residential premises” means a main residence where, following the commencement of dual runway operations, (a) air noise or (b) ground noise alone or in combination with air noise, which is above ambient noise, is predicted to exceed LAeq 16 h 54 dB or LAeq 8 h 48 dB; and all monetary amounts are to be subject to indexation annually in accordance with the Consumer Price Index (or in the event this is no longer being updated, a suitable alternative index) from the date on which the Order is made.

Airport operations

19

• (1) From the date of the commencement of dual runway operations, the airport may not be used for more than 389,000 aircraft movements per annum or a passenger throughput of 80.2 million passengers per annum.

• (2) The repositioned northern runway must not be used between the hours of 23:00 – 06:00 but may be used between these hours where the main runway is temporarily non-operational by reason of an accident, incident or structural defect or when maintenance to the main runway is being undertaken.

• (3) Subject to sub-paragraph (4), the repositioned northern runway must not be used—

• (a) for aircraft landings; or

• (b) for departures of aircraft larger than Code C aircraft.

• (4) Sub-paragraph (3) does not apply and the repositioned northern runway may be used in one or both of the ways stated in that sub-paragraph where the main runway is temporarily non-operational by reason of an accident, incident or structural defect or when maintenance to the main runway is being undertaken.

• (5) In this requirement—

• “Code C aircraft” means aircraft with dimensions meeting the maximum specifications of code letter C in the Aerodrome Reference Code table in Annex 14, Volume I to the Convention on International Civil Aviation, as at the date of this Order; and

• “passenger throughput” means the number of passengers that use the airport as part of aircraft movements but excluding persons under the age of two years.

Surface access

20

• (1) On or after the date on which the authorised development begins the undertaker must comply with, and the operation of the airport must be carried out in accordance with the surface access commitments unless otherwise agreed in writing with—

• (a) Network Rail Infrastructure Limited in respect of commitments 14A and 14B; or

• (b) CBC and National Highways (in consultation with Surrey County Council and West Sussex County Council) in respect of any other commitment or matter.

• (2) Subject to sub-paragraph (3), the commencement of dual runway operations and/or first use of Work No. 6(a) (Pier 7) must not take place unless and until the annual monitoring report for the year immediately prior demonstrates that at least 54% of airport passengers’ journeys to and from the airport were made by public transport, unless otherwise agreed by CBC.

• (3) Commencement of dual runway operations and/first use of Work No. 6(a) (Pier 7) may take place notwithstanding sub-paragraph (2) if the annual monitoring report for the year immediately prior shows that in the monitored year there were fewer than 24 million airport passenger vehicle trips travelling to and from the airport.

• (4) First use of Work No. 6a (Pier 7) and Work Nos. 28(a), 28(b) and 30(b) must not take place until the undertaker has completed construction of the highway works (and made an application to National Highways for a provisional certificate under paragraph 28 of Part 3 of Schedule 9).

• (5) In this requirement—

• “annual monitoring report” has the same meaning as defined in the surface access commitments; and

• “vehicle trips” means journeys using car-based modes (such as car, taxi and car rental) and includes passengers using drop off/pick up zones, on-airport cart parks and off-airport car parks that are subject to annual counts to determine the number of trips.

Carbon action plan

21

From the date on which the authorised development begins, the authorised development and the operation of the airport must be carried out in accordance with the carbon action plan unless otherwise agreed in writing with the Secretary of State (following consultation with CBC).

Public rights of way

22

• (1) No development of any new or diverted public right of way listed in Part 3 of Schedule 4 (footways and cycle tracks) may be carried out until a public rights of way implementation plan for that public right of way has been submitted to and approved by the relevant highway authority.

• (2) Each public rights of way implementation plan submitted pursuant to sub-paragraph (1) must be substantially in accordance with the public rights of way management strategy and in accordance with the rights of way and access plans.

• (3) The development of any new or diverted public right of way listed in Part 3 of Schedule 4 must be carried out in accordance with the relevant public rights of way implementation plan approved pursuant to sub-paragraph (1) unless otherwise agreed in writing with the relevant highway authority.

Flood compensation delivery plan

23

• (1) Prior to the commencement of the first of the floodplain works requiring prior mitigation, a flood compensation delivery plan setting out the timeframe for delivering the fluvial mitigation works must be submitted to and approved in writing by CBC (in consultation with West Sussex County Council as lead local flood authority and the Environment Agency).

• (2) The undertaker is required to consider the Flood and Coastal Erosion Risk Data published quarterly by the Environment Agency in the flood compensation delivery plan in consultation with the Environment Agency and the lead local flood authority.

• (3) The authorised development must be constructed in accordance with the flood compensation delivery plan referred to in sub-paragraph (1) unless otherwise agreed in writing with CBC (in consultation with West Sussex County Council as lead local flood authority and the Environment Agency).

• (4) In this requirement—

• (a) “floodplain works requiring prior mitigation” means Work Nos. 3, 4(f), 4(g), 4(h), 4(i), 4(j)(ii), 15, 20, 23(b), 23(c), 23(d), 29, 32, 34(a), 34(c), 36(c), 36(e), 36(f), 36(p), 36(q), 36(w), 36(x), 36(y), 37(a), 37(b), 37(f), 37(g), 37(h), 37(i), 37(j), 37(l), 37(m) and 37(n); and

• (b) “fluvial mitigation works” means Work Nos. 31(b), 31(c), 38(a), 39(a), 39(b), 39(c) and 39(e).

Flood resilience statement

24

On or after the date on which the authorised development begins, the authorised development and the operation of the airport must be carried out in accordance with the flood resilience statement unless otherwise agreed in writing with CBC.

Operational waste management plan

25

• (1) Work No. 9 (replacement CARE facility) must not be commenced until an operational waste management plan has been submitted to and approved in writing by West Sussex County Council.

• (2) The operational waste management plan submitted under sub-paragraph (1) must be substantially in accordance with the operational waste management strategy.

• (3) The airport must be operated in accordance with the operational waste management plan approved by West Sussex County Council unless otherwise agreed in writing with West Sussex County Council.

Water treatment works footpath

26

• (1) Prior to the commencement of Work No. 43 (water treatment works) a public access by foot must be provided between the accesses marked “A” and “B” on the water treatment works footpath plan.

• (2) Once provided, the public access by foot described in sub-paragraph (1) must not be removed until construction of Work No. 43 is complete.

Construction dust management plan

27

• (1) No construction activities that may generate dust may be carried out until a construction dust management plan for those activities has been submitted to and approved by CBC.

• (2) Each construction dust management plan submitted pursuant to sub-paragraph (1) must be substantially in accordance with the construction dust management strategy.

• (3) Construction activities that may generate dust must be carried out in accordance with the relevant construction dust management plan approved pursuant to sub-paragraph (1) unless otherwise agreed in writing by CBC.

Arboricultural and vegetation method statement

28

• (1) No vegetation or tree clearance may be carried out until an arboricultural and vegetation method statement for the area within which such works are to be carried out has been submitted to and approved by CBC (in consultation with MVDC, RBBC and TDC to the extent that they are the relevant planning authority for any land to which the statement relates).

• (2) Each arboricultural and vegetation method statement submitted pursuant to sub-paragraph (1) must be substantially in accordance with the outline arboricultural and vegetation method statement.

• (3) Vegetation or tree clearance must be carried out in accordance with the relevant arboricultural and vegetation method statement approved pursuant to sub-paragraph (1) unless otherwise agreed in writing by CBC (in consultation with MVDC, RBBC and TDC to the extent that they are the relevant planning authority for any land to which the statement relates).

Soil management plan

29

• (1) No soil removal may be carried out until a soil management plan for that soil has been submitted to and approved by CBC.

• (2) Each soil management plan submitted pursuant to sub-paragraph (1) must be substantially in accordance with the soil management strategy.

• (3) Removed soil must be managed in accordance with the relevant soil management plan approved pursuant to sub-paragraph (1) unless otherwise agreed in writing by CBC.

Site waste management plan

30

• (1) No part of the authorised development is to commence until a site waste management plan for that part has been submitted to and approved in writing by the relevant authority.

• (2) The site waste management plan submitted pursuant to sub-paragraph (1) must include the form of sections A1, A2, A3 and A4 of Annex A to the construction resources and waste management plan.

• (3) Construction waste arising from that part of the authorised development must be managed in accordance with the measures set out in the form of section A1 of the site waste management plan approved pursuant to sub-paragraph (1) unless otherwise agreed in writing by the relevant authority.

• (4) A form of section A5 of Annex A to the construction resources and waste management plan must be maintained throughout the duration of the construction of that part of the authorised development and must be made available to the relevant authority upon request.

• (5) In this requirement, the “relevant authority” means, in respect of a part of the authorised development—

• (a) in West Sussex, West Sussex County Council;

• (b) in Surrey, Surrey County Council; and

• (c) partly in each of West Sussex and Surrey, West Sussex County Council (in consultation with Surrey County Council).

Construction sequencing

31

• (1) The commencement of dual runway operations must not take place until Work No. 43 (water treatment works) has been completed.

• (2) Work No. 39(b) (River Mole culverts and syphons) must not be commenced until Work No. 42(b) (weir and fish pass) has been completed.

• (3) The undertaker must prepare and provide to Thames Water Utilities Limited a development phasing plan which will include forecast passenger growth numbers for the period up to the commencement of dual runway operations and ten years after the commencement of dual runway operations. The development phasing plan must include detailed forecasts of the wastewater discharge rates and expected connection points for the authorised development throughout this period and be based on hydraulic modelling undertaken by Thames Water Utilities Limited or the undertaker in consultation with Thames Water Utilities Limited and validated by Thames Water Utilities Limited in writing.

• (4) If the hydraulic modelling is undertaken by the undertaker in consultation with Thames Water Utilities Limited—

• (a) Thames Water Utilities Limited will provide a formal review and response within 3 calendar months of receipt of the undertaker’s hydraulic modelling, which will either indicate the results are validated or the steps required to validate the results;

• (b) the undertaker will comply with those steps in order to achieve validation of their hydraulic modelling for submission to Thames Water Utilities Limited within a further 3 calendar months; and

• (c) Thames Water Utilities Limited will respond to the updated submission within 3 calendar months of receipt.

• (5) If, when responding under sub-paragraph (4)(c), Thames Water Utilities Limited concludes that the undertaker has not complied with the steps pursuant to sub-paragraph (4)(b), this question is to be referred to an independent Chartered Engineer (to be agreed between Thames Water Utilities Limited and the undertaker or, if not agreed, to be appointed by the President of the Chartered Institute of Water and Environment Management upon the request of either party). The decision of the Chartered Engineer is binding as to whether the hydraulic modelling is validated for the purpose of sub-paragraph (3).

• (6) The details in the development phasing plan provided pursuant to sub-paragraph (3) must not materially exceed the forecast annual passenger numbers shown for the equivalent time periods for the airport with the authorised development in Table 9.2-1 of the forecast data book.

• (7) Thames Water Utilities Limited must confirm in writing within twelve months of the provision of the development phasing plan pursuant to sub-paragraph (3) whether its infrastructure will be able to accommodate the additional foul water flows from the airport for the ten-year period after the commencement of dual runway operations.

• (8) The commencement of Work No. 44 (wastewater treatment works) must not take place until either—

• (a) Thames Water Utilities Limited confirms that its infrastructure will not be able to accommodate the additional foul water flows;

• (b) Thames Water Utilities Limited has not provided any confirmation pursuant to sub-paragraph (7) within the time period specified therein; or

• (c) Thames Water Utilities Limited has not responded pursuant to sub-paragraph (4)(a) or (4)(c) within the time period specified therein,

unless otherwise agree in writing by Thames Water Utilities Limited.

• (9) The commencement of dual runway operations must not take place until either—

• (a) Work No. 44 (wastewater treatment works) has been completed, and an application has been submitted for an environmental permit under regulation 12(1)(b) (requirement for an environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016¹⁰⁶ for its operation; or