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

PART 6 — FOR THE PROTECTION OF THAMES WATER UTILITIES LIMITED

Application

76

For the protection of Thames Water Utilities Limited (hereinafter referred to as “TWUL”) (Company Registration No. 02366661) whose registered office address is at Clearwater Court, Vastern Road, Reading, Berkshire, RG1 8DB the following provisions have effect, unless otherwise agreed in writing between the undertaker and TWUL.

Interpretation

77

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable TWUL to fulfil its statutory functions in a manner no less efficient and effective than previously;

• “apparatus” means— any sewer, drain or disposal works vested in TWUL under the Water Industry Act 1991[^f00132]; and any sewer, drain or disposal works which are the subject of a notice of intention to adopt given under section 102(4)[^f00133] (adoption of sewers and disposal of works) of that Act or an agreement to adopt made under section 104[^f00134] (agreements to adopt sewer, drain or sewage disposal works, at a future date) of that Act, and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps, inspection chambers or other accessories (as defined in section 219(1) (general interpretation) of that Act) forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “functions” includes powers and duties;

• “in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land; and

• “plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed.

On street apparatus

78

This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and TWUL are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

Apparatus in stopped up streets and public rights of way

79

• (1) Where any street is stopped up under article 13 (stopping up of streets) or any public right of way is stopped up under article 15 (public rights of way – creation, diversion and stopping up), TWUL has the same powers and rights in respect of any apparatus in the land in which the street or public right of way subsists as it enjoyed immediately before the stopping up and the undertaker must grant to TWUL legal easements reasonably satisfactory to TWUL in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of TWUL to require the removal of that apparatus under paragraph 82 (removal of apparatus) or the power of the undertaker to carry out works under paragraph 84 (retained apparatus).

• (2) Regardless of the temporary alteration, diversion or restriction of any street under the powers conferred by article 14 (temporary stopping up of streets), TWUL is at liberty at all times to take all necessary access across any such stopped up street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that street.

Protective works to buildings

80

The undertaker, in the case of the powers conferred by article 23 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of land or interests

81

Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not:

• (a) acquire any apparatus of TWUL otherwise than by agreement;

• (b) appropriate, acquire, extinguish, interfere with or override any interest in land, easement or other interest or right of TWUL so as to prevent access to the Crawley Sewage Treatment Works otherwise than by agreement; or

• (c) appropriate, acquire, extinguish, interfere with or override any interest in land, easement, other interest or right of TWUL that would:

• (i) prevent access to any TWUL apparatus (that is not to be removed pursuant to paragraph 82 (removal of apparatus)); or

• (ii) impair TWUL’s ability to carry out its statutory function in connection with any of that apparatus,

without having first provided such alternative means of access to that apparatus or alternative rights in connection with that apparatus as will enable TWUL to maintain or use the apparatus or carry out its statutory functions in connection with the apparatus no less effectively than was possible before the undertaker’s exercise of powers.

Removal of apparatus

82

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that TWUL’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of TWUL to maintain that apparatus in that land must not be extinguished, until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of TWUL in accordance with sub-paragraphs (2) to (6).

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to TWUL 56 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed for approval by TWUL in accordance with sub-paragraph (4) and in that case (or if in consequence of the exercise of any of the powers conferred by this Order TWUL reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to TWUL the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed TWUL must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation shall not extend to the requirement for TWUL to use its compulsory purchase powers to this end unless it elects (in its absolute discretion) to so do.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between TWUL and the undertaker or in default of agreement settled by arbitration in accordance with article 52 (arbitration).

• (5) TWUL must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 52 (arbitration), and after the grant to TWUL of any such facilities and rights as are referred to in sub-paragraphs (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

• (6) Regardless of anything in sub-paragraph (5), and subject to sub-paragraph (7), if the undertaker gives notice in writing to TWUL that the undertaker desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, and TWUL gives its consent in writing (which is not to be unreasonably withheld or delayed and is to be subject to the provisions of sub-paragraph (7)), that work, instead of being executed by TWUL, may be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of TWUL.

• (7) If by the end of the period of 56 days from the submission of the details relating to required removal works under sub-paragraphs (2) and (4) or the carrying out of works pursuant to sub-paragraph (6) TWUL has not intimated their disapproval of those details and the grounds of such disapproval, the undertaker may give TWUL written notice requiring TWUL to intimate approval or disapproval within a further period of 28 days beginning with the date upon which TWUL receives written notice from the undertaker and if by the expiry of the further 28 days TWUL has not intimated approval or disapproval, TWUL is deemed to have approved the details as submitted provided that such notification has been made in accordance with paragraph 94 (notices and applications).

• (8) Any deemed approval under sub-paragraph (7) does not extend to the actual undertaking of the removal works, which remains the sole responsibility of TWUL or its contractors.

Facilities and rights for alternative apparatus

83

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to TWUL facilities and rights for the construction and maintenance of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and TWUL or in default of agreement settled by arbitration in accordance with article 52 (arbitration).

• (2) In settling those terms and conditions in respect of alternative apparatus to be constructed in the land of the undertaker, the arbitrator will—

• (a) give effect to all reasonable requirements of the undertaker for ensuring the safety and efficient operation of the authorised development and for securing any subsequent alterations or adaptions of the alternative apparatus which may be required to prevent interference with the proposed works of the undertaker;

• (b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to the apparatus constructed in or on the land for which the alternative apparatus is to be substituted; and

• (c) give effect to the statutory obligations of TWUL and the undertaker.

• (3) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to TWUL than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to TWUL as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

84

• (1) Not less than 56 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are within 5 metres of the outside face of any apparatus the removal of which has not been required by the undertaker under paragraph 82(2) (removal of apparatus), the undertaker must submit to TWUL a plan of the works to be executed.

• (2) The undertaker must not commence any works to which sub-paragraph (1) applies until TWUL has given written approval of the plan so submitted and such approval may be given subject to reasonable requirements for the purposes mentioned in sub-paragraph (3).

• (3) Those works must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements or modifications as may be made in accordance with sub-paragraph (4) by TWUL for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and TWUL is entitled to watch and inspect the execution of those works.

• (4) Any requirements made by TWUL as a condition of the approval under sub-paragraph (2) must be notified to the undertaker within a period of 35 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.

• (5) If by the end of the period of 35 days from the submission of the details relating to required works under sub-paragraph (1) TWUL has not intimated their disapproval of those details and the grounds of such disapproval, the undertaker may give TWUL written notice requiring TWUL to intimate approval or disapproval within a further period of 21 days beginning with the date upon which TWUL receives written notice from the undertaker and if by the expiry of the further 21 days TWUL has not intimated approval or disapproval, TWUL is deemed to have approved the details as submitted provided that such notification has been made in accordance with paragraph 94 (notices and applications).

• (6) If TWUL in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 77 to 79 and 82 to 84 apply as if the removal of the apparatus had been required by the undertaker under paragraph 82(2) (removal of apparatus).

• (7) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works (unless otherwise agreed with TWUL), a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

• (8) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency works but in that case must:

• (a) give TWUL notice in accordance with paragraph 94 (notices and applications) as soon as is reasonably practicable;

• (b) provide TWUL with a plan of those works as soon as reasonably practicable subsequently;

• (c) carry out the works in accordance with industry best practice and guidelines on safe working near utilities;

• (d) comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances; and

• (e) keep the impact of those emergency works on TWUL’s apparatus to a minimum.

• (9) In this Part of this Schedule “emergency works” means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent which are likely to cause danger to persons or serious damage to property. Where works comprise items some of which fall within this definition, the expression “emergency works” shall be taken to include such of the items as do not fall within that definition as cannot reasonably be severed from those that do.

Expenses and costs

85

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to TWUL all expenses reasonably incurred and any compensation properly paid by TWUL in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraphs 82(2) (removal of apparatus) or 84(2) or 84(3) (retained apparatus).

• (2) There must be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule that value being calculated after removal.

• (3) If in accordance with the provisions of this Part of this Schedule—

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

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 in accordance with article 52 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule 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 sub-paragraph would be payable to TWUL by virtue of sub-paragraph (1) must be reduced by the amount of that excess.

• (4) For the purposes of sub-paragraph (3)—

• (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 pipe 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.

• (5) An amount which apart from this sub-paragraph would be payable to TWUL in respect of works by virtue of sub-paragraph (1), 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 TWUL any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

Indemnity

86

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction, maintenance or failure of any of the works referred to in paragraph 84(2) (retained property), any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or there is any interruption in the service provided by such apparatus or alternative apparatus, the undertaker must—

• (a) bear and pay the cost reasonably and properly incurred by TWUL in making good such damage or restoring the service; and

• (b) indemnify TWUL against all reasonable claims, penalties, demands, proceedings, costs, damages and expenses which are made or taken against or recovered from, or reasonably and properly incurred by, TWUL, by reason or in direct consequence of any such damage or interruption.

• (2) The fact that any act or thing may have been done by TWUL on behalf of the undertaker or in accordance with a plan approved by TWUL or in accordance with any requirement of TWUL or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1) unless TWUL fails to carry out and execute the works properly with due care and attention and in a skilful and professional like manner or in a manner that does not accord with the approved plan.

• (3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of TWUL, its officers, servants, contractors or agents.

• (4) TWUL must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

• (5) The undertaker must not commence any works of removal or diversion of TWUL’s apparatus carried out in accordance with paragraph 82 (removal of apparatus) or any works under paragraph 84 (retained property) unless and until TWUL is satisfied that the undertaker has first provided the bond and TWUL has confirmed the same to the undertaker in writing.

• (6) The undertaker must maintain such bond for the construction period of such works from the proposed date of commencement of construction of those works.

• (7) The total amount payable by the undertaker pursuant to this paragraph and paragraph 87 of this Part of this Schedule shall not exceed £20 million per event (and such cap will rise in line with the Consumer Prices Index rate of inflation).

Co-operation

87

Where in consequence of the proposed construction of any of the authorised development, the undertaker or TWUL requires the removal of apparatus under paragraph 82(2) (removal of apparatus) or TWUL makes requirements for the protection or alteration of apparatus under paragraph 84 (retained property), the undertaker must use best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of TWUL’s undertaking and TWUL must use its best endeavours to co-operate with the undertaker for that purpose.

88

Where, under this Part of this Schedule, TWUL is required to give its consent, approval or agreement in respect of any matter, that consent, approval or agreement must not be unreasonably withheld or delayed.

89

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and TWUL in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

90

At all times the undertaker shall procure that its employees, contractors and subcontractors take all reasonable and proper precautions in exercise of powers conferred by this Order to ensure that as little damage, obstruction or interference is caused is caused to TWUL’s undertaking as is reasonably practicable save that this obligation is not to prevent the construction or operation of the authorised development.

Use of statutory powers

91

In the event that TWUL carries out any works involving apparatus under its own statutory powers at the express written request of the undertaker then this Part of this Schedule is to apply to such works and TWUL covenants to observe and comply with this Part of this Schedule irrespective of whether it is carrying out the works under its own statutory powers or in reliance on the powers conferred by the Order.

Ground works and surveys

92

The undertaker must provide written notice to TWUL as soon as reasonably practicable in the event they determine to alter the ground level more than 300mm within 5 metres laterally of the outside face of any apparatus. Subsequently TWUL will determine if works under paragraphs 82(2) (removal of apparatus) or 84(2) (retained apparatus) are necessary.

93

The undertaker must provide written notice to TWUL as soon as reasonably practicable if they intend to survey using ground intrusive methods within 5 metres laterally of the outside face of any apparatus. Subsequently TWUL will determine if works under paragraphs 82(2) or 84(2) are necessary.

Notices and applications

94

Notwithstanding any other provision of this Order, any—

• (a) written notice to TWUL provided for in this Order; or

• (b) application for the approval of TWUL made pursuant to article 22(3) (discharge of water),

must be made by email to devcon.team@thameswater or developer.services@thameswater.co.uk or such other contact details as may be provided by TWUL to the undertaker from time to time. In the case of emergencies, notice must also be given via the Thames Water website or such other contact details as may be provided by TWUL to the undertaker from time to time.

PART 7 — FOR THE PROTECTION OF ESSO PETROLEUM COMPANY, LIMITED

Application

95

The provisions of this Part of this Schedule have effect for the protection of Esso unless otherwise agreed in writing between the undertaker and Esso.

Interpretation

96

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable Esso to fulfil its functions as a pipe-line operator in a manner no less efficient than previously and having regard to Esso’s standards for the construction and operation of its pipelines;

• “alternative rights” means new rights for the construction of and for access to and for the use, protection, inspection, maintenance, repair and renewal of apparatus or alternative apparatus including any restrictions on the landowner and occupiers for the protection of the apparatus or alternative apparatus and to allow Esso to perform its functions in a manner no less efficient than under the existing rights and having regard to Esso’s standards for the construction and operation of its pipelines;

• “apparatus” means the pipeline and storage system owned by Esso within or adjacent to the Order limits and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus and includes any ancillary works and apparatus all protective wrappings, valves, sleeves and slabs, cathodic protection units, together with ancillary cables and markers and, where the context allows, includes alternative apparatus;

• “Esso” means Esso Petroleum Company, Limited and any successor in title;

• “existing rights” means the rights and benefits of covenants enjoyed by Esso in land within the Order limits;

• “functions” includes powers and duties;

• “in” in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land;

• “plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary to describe the works to be executed;

• “specified work” means any works that are near to, or will or are likely to affect any apparatus or power supply to any apparatus including— all intrusive or non-intrusive works within 15metres of any apparatus, the crossing of apparatus by other utilities, the use of explosives within 400metres of any apparatus (to an extent likely to affect any apparatus), and piling, undertaking of a 3Dseismic survey or the sinking of boreholes within 30metres of any apparatus; whether carried out by the undertaker or by any third party at the direction of the undertaker in connection with the authorised development; and

• “works agreement” means an agreement containing sufficient detail as to responsibilities for the design, programming, supervision and carrying out of works under this Part of this Schedule or in connection with the authorised development which affect the apparatus.

Acquisition of apparatus

97

• (1) Despite any provision in this Order or anything shown on the land plans or if the Order covers any interest in any land in which any apparatus is placed or over which existing rights are enjoyed by Esso, the undertaker must not—

• (a) acquire any apparatus otherwise than by agreement with Esso; or

• (b) acquire, suspend or extinguish any of the existing rights so as to hinder Esso’s ability to access, maintain or repair its apparatus, otherwise than in accordance with this Part of this Schedule, by agreement with Esso or having first provided alternative rights.

• (2) Where the undertaker acquires land which is subject to any existing rights and the provisions of paragraph 98 (removal of apparatus and rights for alternative apparatus) do not apply, the undertaker must retain any notice of the existing rights on the title to the relevant land when registering the undertaker’s title to such acquired land, provided that this does not hinder the delivery of the authorised development.

Removal of apparatus and rights for alternative apparatus

98

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that any apparatus is relocated or diverted, that apparatus must not be removed by the undertaker and any right of Esso to maintain and use that apparatus in that land and to gain access to it must not be extinguished until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of Esso.

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give Esso 56 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order Esso reasonably needs to remove any apparatus) the undertaker must, subject to sub-paragraph (3), afford to Esso the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently grant alternative rights for the maintenance of that apparatus in accordance with paragraph 99 (facilities and rights for alternative apparatus).

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, the undertaker must, to the extent reasonable, acquire for the benefit of Esso the necessary facilities and rights for the construction, maintenance and use of the alternative apparatus and access to it.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between Esso and the undertaker or in default of agreement settled by arbitration in accordance with article 52 (arbitration).

• (5) Esso must, after the alternative apparatus to be provided or constructed has been agreed or settled in accordance with article 52 (arbitration), and after the grant to Esso of any such facilities and rights as are referred to in sub-paragraph (2), proceed as soon as reasonably practicable using reasonable endeavours to construct and bring into operation the alternative apparatus and subsequently to remove (or if agreed between the parties allow the undertaker to remove) any redundant apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

• (6) Irrespective of sub-paragraph (5), if the undertaker gives notice in writing to Esso that it desires itself to execute any work, or part of any work in connection with the construction, removal or decommissioning of apparatus in the land of the undertaker or the construction of alternative apparatus, that work, instead of being executed by Esso, must be executed by the undertaker without unnecessary delay under the superintendence, if required, and to the reasonable satisfaction of Esso.

• (7) Nothing in sub-paragraph (6) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 3000 millimetres of the apparatus without Esso’s consent unless that apparatus is redundant and disconnected from Esso’s remaining system and is more than 3000 millimetres from any live apparatus.

• (8) If Esso fails either reasonably to approve, or to provide reasons for its failure to approve along with an indication of what would be required to make acceptable, any proposed details relating to required removal works under sub-paragraph (2) within 28 days of receiving notice of the required works from the undertaker, then such details are deemed to have been approved, provided the undertaker has first taken all reasonable steps to contact the relevant representatives of Esso in order to elicit such a response.

Facilities and rights for alternative apparatus

99

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to Esso facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and Esso in accordance with this paragraph or in default of agreement settled by arbitration in accordance with article 52 (arbitration).

• (2) Alternative rights must be granted before any alternative apparatus is brought into use or any existing rights extinguished.

• (3) Alternative rights shall where reasonably practicable be granted to Esso by way of a deed of grant of easement, substantially in the form of Esso’s precedent from time to time. If any third party is required to be involved for the grant of alternative rights, the undertaker must secure their agreement, at its own cost.

• (4) In settling those terms and conditions for the alternative rights in respect of alternative apparatus the arbitrator—

• (a) must give effect to all reasonable requirements of the undertaker and Esso for ensuring the safety and efficient operation of the authorised development and the apparatus respectively; and

• (b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to the apparatus constructed in or on the land for which the alternative apparatus is to be substituted.

• (5) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to Esso than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to Esso as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection

100

• (1) Unless a shorter period is otherwise agreed in writing between the undertaker and Esso, not less than 35 days before commencing any specified work in relation to apparatus the removal of which has not been required by the undertaker under sub-paragraph 98(2) (removal of apparatus and rights for alternative apparatus) the undertaker must submit to Esso a plan of the works to be executed.

• (2) The plan to be submitted to Esso under sub-paragraph (1) must include a method statement and describe—

• (a) the exact position of the works;

• (b) the level at which these are proposed to be constructed or renewed;

• (c) the manner of their construction or renewal including details of excavation, positioning of plant etc.;

• (d) the position of all apparatus;

• (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;

• (f) any intended maintenance regime; and

• (g) and any other information reasonably required by Esso to assess the works.

• (3) The specified work must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (4) by Esso for the alteration or otherwise for the protection of the apparatus, or for securing access to it; and Esso is entitled to watch and inspect the execution of the specified work and the undertaker must follow any reasonable instructions from Esso for the safety of the apparatus and those working nearby.

• (4) Any reasonable requirements made by Esso under sub-paragraph (2) must be made within a period of 14 days (unless a shorter period is otherwise agreed in writing between the undertaker and Esso) beginning with the date on which a valid plan under sub-paragraph (1) is submitted to it.

• (5) If Esso in accordance with sub-paragraph (2) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, this paragraph applies as if the removal of the apparatus had been required by the undertaker under paragraph 98(2) (removal of apparatus and rights for alternative apparatus) but for the avoidance of doubt the undertaker shall not be required to serve Esso with a new notice under paragraph 98.

• (6) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time but (unless otherwise agreed in writing between the undertaker and Esso) in no case less than 28 days before commencing any specified work, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

• (7) The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to Esso notice of the works it intends to carry out to remedy the emergency together with a plan as soon as is reasonably practicable and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

• (8) In relation to any works which will or may be situated on, over, under or within 15metres measured in any direction of apparatus, or (wherever situated) impose any load directly upon the apparatus or involve embankment works within 15metres of the apparatus, the plan to be submitted to Esso under sub-paragraph (1) must include a material statement describing—

• (a) the exact position of the work;

• (b) the level at which the work is to be constructed or renewed;

• (c) the manner of its construction or renewal;

• (d) the position of the apparatus; and

• (e) by way of detailed drawings, every alteration proposed to be made to the apparatus.

Cathodic protection testing

101

Where in the reasonable opinion of the undertaker or Esso—

• (a) the authorised development might interfere with the existing cathodic protection forming part of any apparatus; or

• (b) any apparatus might interfere with the proposed or existing cathodic protection forming part of the authorised development,

Expenses

102

• (1) Subject to the following provisions of this paragraph, the undertaker must pay to Esso the reasonable costs and expenses incurred by Esso in, or in connection with—

• (a) the inspection, removal, making safe, abandonment, alteration or protection of any apparatus;

• (b) the execution of any works required by this Part of this Schedule including the purchase, installation and commission of alternative apparatus and re-commissioning of existing apparatus;

• (c) the review and assessment of plans;

• (d) the watching and inspecting the execution of any specified work, any associated works and any works undertaken by third parties as a result of any specified work (including the assessment of plans); or

• (e) imposing reasonable requirements for the protection or alteration of apparatus affected by the authorised development or works as a consequence of the authorised development,

which may reasonably be required in consequence of the execution of any such works as are required under this Part of this Schedule or are authorised by the Order.

• (2) The scrap value of any apparatus removed under the provisions of this Part of this Schedule is to be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.

• (3) Upon the submission of proper and reasonable estimates of costs and expenses to be incurred by Esso, the undertaker must pay Esso sufficiently in advance to enable Esso to undertake its obligations under this Part of this Schedule in a manner that is neutral to its cashflow provided that in the event that the costs incurred by Esso are less than the amount paid by the undertaker pursuant to this sub-paragraph then Esso shall promptly repay any overpayment to the undertaker.

• (4) Where reasonably required by either party, in view of the complexity of any proposed works, timescales, phasing or costs, the parties must with due diligence and good faith negotiate a works agreement.

• (5) If in accordance with the provisions of this Part of this Schedule—

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

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 settled by arbitration in accordance with article 52 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule 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 sub-paragraph would be payable to Esso by virtue of sub-paragraph (1) shall be reduced by the amount of that excess save where it is not possible in the circumstances to obtain the existing type of operations, capacity, dimensions or place at the existing depth in which case full costs will be borne by the undertaker.

• (6) For the purposes of sub-paragraph (5)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus must not 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 pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.

Damage to property and other losses

103

• (1) Subject to the following provisions of this paragraph, the undertaker must make reasonable compensation to Esso—

• (a) for all loss, damage, liability, costs and expenses reasonably suffered or incurred by Esso for which Esso is legally liable as a result of legally sustainable claims brought against Esso by any third party solely arising out of the carrying out of any relevant works;

• (b) for the cost reasonably incurred by Esso in making good any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) arising from or caused by the carrying out of any relevant works and the authorised development; and

• (c) for the cost reasonably incurred by Esso in stopping, suspending and restoring the supply through its pipe-line and make reasonable compensation to Esso for any other expenses, losses, damages, penalty or costs incurred by Esso by reason or in consequence of any such damage or interruption provided that the same arises in consequence of the carrying out of any relevant works and the authorised development.

• (2) The fact that any act or thing may have been done by Esso on behalf of the undertaker or in accordance with a plan approved by Esso or in accordance with any requirement of Esso or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).

• (3) Irrespective of anything to the contrary elsewhere in this Part of this Schedule—

• (a) the undertaker and Esso must at all times take reasonable steps to prevent and mitigate any loss, damage, liability, claim, cost or expense recoverable from the other under this Part of this Schedule; and

• (b) neither the undertaker nor Esso are liable for any loss, damage, liability, claim, cost or expense suffered or incurred by the other to the extent that the same are incurred as a result of or in connection with the sole, partial or complete breach of this Part of this Schedule or negligence arising out of an act, omission, default or works of the other, its officers, servants, contractors or agents.

• (4) Esso must give to the undertaker reasonable notice of any claim or demand to which this paragraph applies. If Esso agrees (such agreement not to be unreasonably withheld or delayed), the undertaker may at its own expense conduct all negotiations for the settlement of the same and any litigation that may arise therefrom. Esso must not compromise or settle any claim or demand make any admission which might be prejudicial to the claim or demand without the undertaker’s consent (such consent not to be unreasonably withheld). Esso must, at the request of the undertaker, afford all reasonable assistance for the purpose of contesting any such claim or action, and is entitled to be repaid all reasonable expenses incurred in so doing.

• (5) Nothing in this Part of this Schedule excludes or limit the liability of the undertaker for death or personal injury resulting from the negligence of the undertaker or any of its officers, employees or agents.

• (6) The total liability of the undertaker to Esso under this Part of this Schedule is not to exceed £15 million.

• (7) In this paragraph “relevant works” means such of the authorised development as—

• (a) does, will or is likely to affect any apparatus; or

• (b) involves a physical connection or attachment to any apparatus.

Co-operation

104

• (1) Where in consequence of the proposed construction of any of the authorised development, the undertaker requires the removal of apparatus under this Part of this Schedule or Esso makes requirements for the protection or alteration of apparatus under this Part of this Schedule, the undertaker must use reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of Esso’s undertaking and Esso must use its reasonable endeavours to co-operate with the undertaker for that purpose.

• (2) The undertaker and Esso must act reasonably in respect of any given term of this Part of this Schedule and, in particular, (without prejudice to generality) where any consent or expression of satisfaction is required by this Part of this Schedule it must not be unreasonably withheld or delayed.

Miscellaneous

105

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and Esso in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made provided that the terms of the relevant enactment or agreement are not inconsistent with the provisions of this Order, including this Part of this Schedule. In the case of any inconsistency, the provisions of this Order, including this Part of this Schedule, prevail.

SCHEDULE 10 — SPECIAL CATEGORY LAND

PART 1 — SPECIAL CATEGORY LAND TO BE PERMANENTLY ACQUIRED

Plot reference number shown on Special Category Land Plans and in the book of reference	Plot reference number shown on Special Category Land Plans and in the book of reference
(1) Special Category Land Plan	(2) Plot number
Special Category Land Plans – APFP Regulation 5(2)(i)	1/008, 1/020, 1/038, 1/039, 1/047, 1/053, 1/059, 1/070, 1/071, 1/094, 1/095, 1/096, 1/105, 1/139, 1/150, 1/165, 1/166, 1/211, 1/226A, 1/243

PART 2 — LAND TO BE LAID OUT AS REPLACEMENT OPEN SPACE

Plot reference number shown on Special Category Land Plans and in the book of reference	Plot reference number shown on Special Category Land Plans and in the book of reference
(1) Special Category Land Plan	(2) Plot number
Special Category Land Plans – APFP Regulation 5(2)(i)	1/013, 1/200, 1/220, 1/289, 1/290A, 1/292

PART 3 — SPECIAL CATEGORY LAND OVER WHICH RIGHTS WILL BE ACQUIRED

Plot reference number shown on Special Category Land Plans and in the book of reference	Plot reference number shown on Special Category Land Plans and in the book of reference
(1) Special Category Land Plan	(2) Plot number
Part 3A	Part 3A
Special Category Land Plans – APFP Regulation 5(2)(i)	1/036, 1/050, 1/052, 1/093, 1/164, 1/212, 1/226, 1/242A
Part 3B	Part 3B
Special Category Land Plans – APFP Regulation 5(2)(i)	1/007

SCHEDULE 11 — MAXIMUM PARAMETER HEIGHTS

(1) Work No.	(2) Work description	(3) Maximum building (or other works) height (m)*¹
6(a) and (b)	Three-floor pier (Pier 7) and the Pier 7 Autonomous vehicle station	18.00
9	Replacement central area recycling enclosure (CARE) facility	15.00
10	Replacement motor transport facilities	15.25
11	Replacement grounds maintenance facilities	8.00
12	Replacement airfield surface transport facilities	15.00
13	Replacement Rendezvous Point North	5.00
15	Satellite airport fire service facility	15.00
16	New aircraft hangar	32.00
22(a) and (d)	North Terminal International Departure Lounge extension (north) and the North Terminal autonomous vehicle station	32.50
22(b)	North Terminal International Departure Lounge extension (south)	30.00
22(c)	North Terminal baggage hall and baggage reclaim extension	12.50
22(e)	Autonomous vehicle maintenance building	12.00
22(g)	North Terminal multi-storey car park	27.00
23(a)	South Terminal International Departure Lounge extension	27.00
23(c)	South Terminal autonomous vehicle station	13.00
23(d)	Additional coaching gates	13.00
26	Hotel north of multi-storey car park 3	27.00
27	Hotel on the car rental site	16.30
28	Car Park H site	27.00
30(b)	Car Park Y multi-storey car park	27.00
31(e)	Deck parking provision at Car Park X	11.00
32	Decked car parking structure at North Terminal Long Stay car park	11.00
38(d)	Earthworks, landscaping and a bund around the southern and eastern perimeter of Museum Field	6.00*²
41(c)	Spoil deposition at Pentagon Field	4.00*²
43	Water treatment works	3.00 to 4.00*³
44(b)	Wastewater treatment works	9.40
* ¹ Maximum parameter height for the cited work shown as height in metres from the datum level shown on the parameter plans for that work. This table is for information only and, in the event of conflict with the parameter plans, the parameter plans are to be determinative.	* ¹ Maximum parameter height for the cited work shown as height in metres from the datum level shown on the parameter plans for that work. This table is for information only and, in the event of conflict with the parameter plans, the parameter plans are to be determinative.	* ¹ Maximum parameter height for the cited work shown as height in metres from the datum level shown on the parameter plans for that work. This table is for information only and, in the event of conflict with the parameter plans, the parameter plans are to be determinative.
*² Maximum heights provided for in the design principles in appendix 1 of the design and access statement and not on the parameter plans.	*² Maximum heights provided for in the design principles in appendix 1 of the design and access statement and not on the parameter plans.	*² Maximum heights provided for in the design principles in appendix 1 of the design and access statement and not on the parameter plans.
* ³ Maximum building (or other works) height is between 3.00 to 4.00m across the work area. Please refer to the parameter plans for information.	* ³ Maximum building (or other works) height is between 3.00 to 4.00m across the work area. Please refer to the parameter plans for information.	* ³ Maximum building (or other works) height is between 3.00 to 4.00m across the work area. Please refer to the parameter plans for information.

SCHEDULE 12 — DOCUMENTS TO BE CERTIFIED

(1) Document	(2) Document Reference	(3) Version
airport boundary plan	Appendix 1 to Glossary (Doc Ref. 1.4)	2
appendix 1 of the design and access statement	Design and Access Statement – Appendix 1 – Design Principles (Doc Ref. 7.3)	7
book of reference	Book of Reference Parts 1 and 2 (Doc Ref. 3.3)	7
carbon action plan	ES Appendix 5.4.2: Carbon Action Plan (Doc Ref. 5.3)	2
code of construction practice	ES Appendix 5.3.2: Code of Construction Practice (Doc Ref. 5.3)	6
consolidated environmental statement	Consolidated Environmental Statement (Doc Ref 10.66)	3
construction dust management strategy	ES Appendix 5.3.2: CoCP Annex 9 – Construction Dust Management Strategy (Doc Ref. 5.3)	3
construction resources and waste management plan	ES Appendix 5.3.2: CoCP Annex 5 – Construction Resources and Waste Management Plan (Doc Ref. 5.3)	3
flood resilience statement	Annex 6 to ES Appendix 11.9.6: Flood Risk Assessment (Doc Ref. 5.3)	3
forecast data book	ES Appendix 4.3.1: Forecast Data Book (Doc Ref. 5.3)	1
land plans	Land Plans - For Approval (Doc Ref. 4.2)	5
North and South Terminal roundabouts BAU improvement scheme plans	North and South Terminal Roundabouts BAU Improvement Scheme Plans (Doc Ref. 4.10)	2
odour monitoring and management plan	Odour Monitoring and Management Plan (Doc Ref. 10.57)	3
operational waste management strategy	Operational Waste Management Strategy (Doc Ref. 10.12)	1
outline arboricultural and vegetation method statement	ES Appendix 5.3.2: CoCP Annex 6 – Outline Arboricultural and Vegetation Method Statement (Doc Ref. 5.3)	6
outline construction traffic management plan	ES Appendix 5.3.2: CoCP Annex 3 – Outline Construction Traffic Management Plan (Doc Ref. 5.3)	4
outline construction workforce travel plan	ES Appendix 5.3.2: CoCP Annex 2 – Outline Construction Workforce Travel Plan (Doc Ref 5.3)	3
outline landscape and ecology management plan	ES Appendix 8.8.1: Outline Landscape and Ecology Management Plan (Doc Ref. 5.3)	8
parameter plans	Parameter Plans - For Approval (Doc Ref. 4.7)	5
public rights of way management strategy	ES Appendix 19.8.1: Public Rights of Way Management Strategy (Doc Ref. 5.3)	4
rights of way and access plans	Rights of Way and Access Plans - For Approval (Doc Ref. 4.6)	5
soil management strategy	ES Appendix 5.3.2: CoCP Annex 4 – Soil Management Strategy (Doc Ref. 5.3)	1
special category land plans	Special Category Land Plans - For Approval (Doc Ref. 4.4)	4
surface access commitments	ES Appendix 5.4.1: Surface Access Commitments (Doc Ref. 5.3)	6
surface access drainage strategy	Annex 2 to ES Appendix 11.9.6: Flood Risk Assessment (Doc Ref. 5.3)	4
surface access general arrangements	Surface Access Highways Plans – General Arrangements - For Approval (Doc Ref. 4.8.1)	2
surface access engineering section drawings	Surface Access Highways Plans – Engineering Section Drawings - For Approval (Doc Ref. 4.8.2)	3
surface access structure section drawings	Surface Access Highways Plans – Structure Section Drawings - For Approval (Doc Ref. 4.8.3)	3
Traffic Regulation Measures – Classification of Roads Plans	Traffic Regulation Plans – Classification of Roads - For Approval (Doc Ref. 4.9.2)	3
Traffic Regulation Measures – Clearways and Prohibitions plans	Traffic Regulation Plans – Clearways and Prohibitions - For Approval (Doc Ref. 4.9.3)	3
Traffic Regulation Measures – Speed Limits plans	Traffic Regulation Plans – Speed Limits - For Approval (Doc Ref. 4.9.1)	3
tree survey report and arboricultural impact assessment	ES Appendix 8.10.1 – Tree Survey Report and Arboricultural Impact Assessment (Doc Ref. 5.3)	4
water treatment works footpath plan	Annex 2 to ES Appendix 19.8.1: Public Rights of Way Management Strategy (Doc Ref. 5.3)	4
works plans	Works Plans - For Approval (Doc Ref. 4.5)	7
written scheme of investigation for Surrey	ES Appendix 7.8.1: Written Scheme of Investigation for post-consent Archaeological Investigations – Surrey (Doc Ref. 5.3)	4
written scheme of investigation for West Sussex	ES Appendix 7.8.2: Written Scheme of Investigation for post-consent Archaeological Investigations and Historic Building Recording – West Sussex (Doc Ref. 5.3)	5

Signed

Signed by authority of the Secretary of State for Transport

Kayla Marks — Head of the Transport and Works Act Orders Unit — Department for Transport — 21st September 2025

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Gatwick Airport Limited to undertake works to redevelop Gatwick Airport and carry out all associated works.

The Order permits Gatwick Airport Limited to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.

The Order also includes provisions in connection with the maintenance and operation of the authorised development.

A copy of the documents referred to in Schedule 12 (documents to be certified) to this Order and certified in accordance with article 50 (certification of documents, etc.) of this Order may be inspected free of charge during normal working hours at 5th Floor, Destinations Place, Gatwick Airport, Gatwick, West Sussex, RH6 0NP.

Footnotes

[^f00001]: 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

[^f00002]: S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572, S.I. 2018/378, S.I. 2019/734, S.I. 2020/764, S.I. 2021/978, S.I. 2022/634, S.I. 2023/1071 and S.I. 2024/332.

[^f00003]: S.I. 2010/103, amended by S.I. 2012/635 and S.I. 2024/317.

[^f00004]: Section 114 was amended by paragraph 55(2) and (3) of Schedule 13 to the Localism Act 2011.

[^f00005]: Section 115 was amended by paragraph 56 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011, section 160(2) to (6) of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).

[^f00006]: Section 117 was amended by paragraph 58(3) and (4) of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.

[^f00007]: Section 120 was amended by section 140 of, and paragraph 60(2) and (3) of Schedule 13 to, the Localism Act 2011.

[^f00008]: Section 122 was amended by paragraph 62 of Schedule 13 to the Localism Act 2011.

[^f00009]: Section 123 was amended by paragraph 62 of Schedule 13 to the Localism Act 2011.

[^f00010]: Section 127 was amended by paragraph 64(2) of Schedule 13 to the Localism Act and section 23(2) of the Growth and Infrastructure Act 2013 (c. 27).

[^f00011]: Section 131 was amended by section 24(2) of the Growth and Infrastructure Act 2013.

[^f00012]: Section 132 was amended by section 24(3) of the Growth and Infrastructure Act 2013.

[^f00013]: Section 138 was amended by section 23(4) of the Growth and Infrastructure Act 2013 and S.I. 2017/1285. Section 138 was amended by section 23(4) of the Growth and Infrastructure Act 2013 and S.I. 2017/1285.

[^f00014]: Section 147 was amended by paragraph 68 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.

[^f00015]: 1961 c. 33.

[^f00016]: 1965 c. 56.

[^f00017]: 1980 c. 66.

[^f00018]: 1981 c. 66.

[^f00019]: 1984 c. 27.

[^f00020]: 1990 c. 8.

[^f00021]: 1991 c. 22.

[^f00022]: 2008 c. 29.

[^f00023]: S.I. 2015/596.

[^f00024]: 2012 c. 19.

[^f00025]: The definition of “cycle track” was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

[^f00026]: 2003 c. 21. Section 32 was amended by S.I. 2011/1210.

[^f00027]: Section 1 was amended by paragraph 1 of Part 1 of Schedule 4, and Schedule 17, to the Local Government Act 1985 (c. 51), section 21(2) of the New Roads and Street Works Act 1991, paragraph 1 of Part 1 of Schedule 7 to the Local Government (Wales) Act 1994 (c. 19), section 259(1) to (3) of the Greater London Authority Act 1999 (c. 27) and paragraph 2 of Part 1 of Schedule 1 to the Infrastructure Act 2015 (c. 7).

[^f00028]: 1981 c. 67. The definition of “owner” was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34).

[^f00029]: Section 1 was amended by paragraph 28 of Schedule 21 to the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), paragraph 32(1) of Schedule 10 of the Environment Act 1995 (c. 25) and section 31(1) of the Greater London Authority Act 2007 (c. 24).

[^f00030]: Section 48 was amended by section 124(2) of the Local Transport Act 2008 (c. 26).

[^f00031]: Section 49 was amended by paragraph 117 of Schedule 1 to the Infrastructure Act 2015 (c. 7).

[^f00032]: Section 121A was inserted by section 168(1) of, and paragraph 70 of Schedule 8 to, the New Roads and Street Works Act 1991 (c. 22) and amended by section 1(6) of, and paragraphs 70 and 95 of Schedule 1 to, the Infrastructure Act 2015 and S.I. 2001/1400.

[^f00033]: 1991 c. 59. The definition of “drainage” was substituted by section 100(2) of the Environment Act 1995 (c.25).

[^f00034]: Section 56 was amended by paragraph 10 of Schedule 6 and paragraph 10(2) of Schedule 7 to the Planning and Compensation Act 1991 (c. 34), paragraph 2 of Schedule 12 to the Localism Act 2011 (c. 20), paragraph 3 of Schedule 4 to the Infrastructure Act 3025 (c. 7), paragraph 3(2) of Schedule 14 to the Environment Act 2021 (c. 30) and sections 113(3) and 114(2) of, and paragraph 10(1) of Schedule 7 to, the Levelling-up and Regeneration Act 2023 (c. 55).

[^f00035]: Section 64 was amended by Schedule 17 to the Local Government Act 1985 (c. 51) and Schedule 9 to the New Roads and Street Works Act 1991 (c. 22).

[^f00036]: Section 184 was amended by paragraph 45(11) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 9 of Schedule 8 and Schedule 9 to the New Roads and Street Works Act 1991.

[^f00037]: Section 56 was amended by section 43 of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

[^f00038]: Section 56A was inserted by section 44 of the Traffic Management Act 2004.

[^f00039]: Section 58 was amended by section 51 of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00040]: Section 58A was inserted by section 52 of the Traffic Management Act 2004.

[^f00041]: Section 73A was inserted by section 55 of the Traffic Management Act 2004.

[^f00042]: Section 73B was inserted by section 55 of the Traffic Management Act 2004.

[^f00043]: Section 73C was inserted by section 55 of the Traffic Management Act 2004.

[^f00044]: Section 78A was inserted by section 57 of the Traffic Management Act 2004.

[^f00045]: Schedule 3A was inserted by section 52(2) of, and Schedule 4 to, the Traffic Management Act 2004.

[^f00046]: Sections 54, 55, 57, 60, 68 and 69 were amended by sections 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00047]: Section 54 was amended by section 49(1) of the Traffic Management Act 2004.

[^f00048]: Section 55 was amended by sections 49(2) and 51(9) of the Traffic Management Act 2004.

[^f00049]: Section 57 was amended by section 52(3) of the Traffic Management Act 2004.

[^f00050]: Section 59 was amended by section 42 of the Traffic Management Act 2004.

[^f00051]: Section 75 was substituted by section 58(2) of the Traffic Management Act 2004.

[^f00052]: Section 74A was inserted by section 255(1) of the Transport Act 2000 (c. 38) and section 74A(2) was amended by paragraph 120(2) of Schedule 2 to the Infrastructure Act 2015 (c. 7).

[^f00053]: S.I. 2021/402.

[^f00054]: S.I. 2022/1257.

[^f00055]: Section 10(2) was amended by section 22(2)(a) of the New Roads and Street Works Act 1991 and paragraph 2 of Schedule 1 to the Infrastructure Act 2015.

[^f00056]: Section 32 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(1) of, and paragraph 39 of Schedule 8 to, the New Roads and Street Works Act 1991 (c. 22).

[^f00057]: 2004 c. 18.

[^f00058]: 2003 c. 21. Schedule 3A was inserted by Schedule 1 to the Digital Economy Act 2017 (c. 30).

[^f00059]: 1991 c. 56.

[^f00060]: 2000 c. 26.

[^f00061]: Section 278 was substituted by section 23 of the New Roads and Street Works Act 1991 (c. 22).

[^f00062]: Section 38 was amended by Schedule 17 to the Local Government Act 1985 (c. 51), section 22(1) of the New Roads and Street Works Act 1991 and paragraph 19 of Schedule 1 to the Infrastructure Act 2015 (c. 7).

[^f00063]: 1991 c. 56. Section 106 was amended by sections 35(1) and (8) and 43(2) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and section 49 of, and paragraph 16(1) of Schedule 3 to, the Flood and Water Management Act 2010 (c. 29).

[^f00064]: S.I. 2016/1154.

[^f00065]: 1991 c. 57.

[^f00066]: The definition of “main river” was amended by section 59(3) of the Water Act 2014 (c. 21).

[^f00067]: Section 152 was amended by S.I. 2009/1307.

[^f00068]: Section 13 was amended by section 139(4) to (9) of, paragraph 28 of Schedule 13 and Part 3 of Schedule 13 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00069]: Section 125 was amended by paragraph 17 of Schedule 16 to the Housing and Planning Act 2016 (c. 22).

[^f00070]: S.I. 1997/1160.

[^f00071]: 1857 c. 81. Section 125 was substituted by section 2 of the Church of England (Miscellaneous Provisions) Measure 2014 (No. 1).

[^f00072]: 1981 c. 67.

[^f00073]: Section 11(1) was amended by paragraph 14(3) of Schedule 4 to the Acquisition of Land Act 1981 (c. 67), paragraph 12(1) of Schedule 5 to the Church of England (Miscellaneous Provisions) Measure (No. 1) and section 186(2)(a) of the Housing and Planning Act 2016 (c. 22).

[^f00074]: Section 152 was amended by S.I. 2009/1307.

[^f00075]: Section 138 was amended by section 23 of the Growth and Infrastructure Act 2013 (c. 27) and S.I. 2017/1285.

[^f00076]: Section 125 was amended by paragraph 17 of Schedule 16 to the Housing and Planning Act 2016 (c. 22).

[^f00077]: Section 4A was inserted by section 202(1) of the Housing and Planning Act 2016 and section 4A(1) was amended by section 185(2)(b) of the Levelling-up and Regeneration Act 2023 (c. 55).

[^f00078]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00079]: Schedule 2A was inserted by paragraph 3 of Schedule 17 to the Housing and Planning Act 2016.

[^f00080]: Section 5 was amended by paragraph 6 of Schedule 15 to the Housing and Planning Act 2016.

[^f00081]: Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016 and amended by section 185(3)(a) by the Levelling-up and Regeneration Act 2023 (c. 55).

[^f00082]: Section 5B(1) was inserted by section 202(2) of the Housing and Planning Act 2016 and amended by section 185(3)(b) of the Levelling-up and Regeneration Act 2023.

[^f00083]: Section 6 was amended by paragraph 7 of Schedule 15 to the Housing and Planning Act 2016 and section 4 of, and paragraph 52(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11).

[^f00084]: Section 134 was amended by section 142 of, and Part 21 of Schedule 25 to, the Localism Act 2011 and S.I. 2017/16.

[^f00085]: Section 7(1) was substituted by paragraph 3 of Schedule 18 to the Housing and Planning Act 2016 and amended by section 186(2) of the Levelling-up and Regeneration Act 2023.

[^f00086]: Schedule A1 was inserted by paragraph 6 of Part 1 of Schedule 18 to the Housing and Planning Act 2016.

[^f00087]: Section 153(4A) was inserted by section 200(1) and (2) of the Housing and Planning Act 2016.

[^f00088]: Section 152 was amended by S.I. 2009/1307.

[^f00089]: Section 13 was amended by sections 62(3) and 139 of, and paragraphs 27 and 28 of Schedule 13, and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00090]: Section 125 was amended by paragraph 17 of Schedule 16 to the Housing and Planning Act 2016.

[^f00091]: 2003 c. 21. There are amendments to section 151 which are not relevant to this Order.

[^f00092]: 1991 c. 59.

[^f00093]: 2017 c. 20.

[^f00094]: S.I. 2010/948, amended by S.I. 2011/987. There are other amending instruments that are not relevant to this Order.

[^f00095]: 1990 c. 43. Section 82(1) was amended by paragraph 6(a) of Schedule 17 to the Environment Act 1995 (c. 25).

[^f00096]: Section 79(1)(ga) was inserted by section 2(2)(b) of the Noise and Statutory Nuisance Act 1993 (c. 40).

[^f00097]: Section 82(2) was amended by section 5(1) and (2) of the Noise and Statutory Nuisance Act 1993 and paragraph 6(b) of Schedule 17 to the Environment Act 1995.

[^f00098]: 1974 c. 40.

[^f00099]: Section 61 was amended by Schedule 7 to the Building Act 1984 (c. 55) and paragraph 15(3) of Schedule 15 to the Environmental Protection Act 1990 (c. 43).

[^f00100]: The definition of “premises” was amended by paragraph 2(b)(ii) of Schedule 17 to the Environment Act 1995 (c. 25).

[^f00101]: 1978 c. 30.

[^f00102]: 1949 c. 97. Section 11A was inserted by section 62 of the Environment Act 1995 (c. 25) and subsection (1A) was inserted by section 245(3)(b) of the Levelling-up and Regeneration Act 2023 (c. 55). There are further amendments to section 11A that are not relevant to this Order.

[^f00103]: 2000 c. 37. Section 85(A1) was inserted by section 245(6)(a) of the Levelling-up and Regeneration Act 2023. There are further amendments to section 85 that are not relevant to this Order.

[^f00104]: 1982 c. 16.

[^f00105]: 2010 c. 29.

[^f00106]: S.I. 2016/1154.

[^f00107]: S.I. 2020/721.

[^f00108]: S.I. 2011/2027.

[^f00109]: 1973 c. 26.

[^f00110]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) and sections 186 to 188 of, and Schedule 14 and Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

[^f00111]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00112]: Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).

[^f00113]: Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00114]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

[^f00115]: 1989 c. 29. The definition of “electrical plant” contained in section 64 was amended by section 108 of, and paragraphs 24 and 38(1) and (3) of Schedule 6 to, the Utilities Act 2000 (c. 27).

[^f00116]: 1986 c. 44. Section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by section 76 of the Utilities Act 2000.

[^f00117]: 1991 c. 56.

[^f00118]: Section 102(4) was amended by section 96(1)(c) of the Water Act 2003 (c. 37) and section 56 of, and paragraph 90 of Schedule 7 to, the Water Act 2014 (c. 21).

[^f00119]: Section 104 was amended by sections 11(2), 96(4) and 101(2) of, and Part 3 of Schedule 9 to, the Water Act 2003 and section 42(3) of the Flood and Water Management Act 2010 (c. 29).

[^f00120]: 2003 c. 21.

[^f00121]: Section 106 was amended by section 4(3) to (9) of the Digital Economy Act 2017 (c. 30); Schedule 3A to the Communications Act 2003 was inserted by section 4 of, and Schedule 1 to, the Digital Economy Act 2017.

[^f00122]: S.I. 2016/362.

[^f00123]: S.I. 2015/51.

[^f00124]: 1993 c. 43. Section 8 was amended by section 216 of, and Part 1 of Schedule 2, paragraph 4 of Schedule 17 and Part IV of Schedule 31 to, the Transport Act 2000 (c. 38), by section 16(5) of, and paragraph 5 of Schedule 2 to, the Railways and Transport Safety Act 2003 (c. 20), by sections 1 and 60 of, and paragraph 3 of Schedule 1 and Part 1 of Schedule 13 to, the Railways Act 2005 (c. 14) and S.I. 2015/1682.

[^f00125]: 2006 c. 46.

[^f00126]: Section 11(3) was amended by paragraph 6 of Schedule 14 to the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

[^f00127]: 2016 c. 22. Section 203 was amended by section 37(2) of the Neighbourhood Planning Act 2017 (c. 20) and paragraph 5(2) and (3) of Schedule 20 to the Environment Act 2021 (c. 30).

[^f00128]: Section 172 was amended by section 26(8)(b) of the Neighbourhood Planning Act 2017.

[^f00129]: 2017 c. 20.

[^f00130]: 1993 c. 43. Section 8 was amended by Part I of Schedule 2 and paragraph 4(2), (33) and (4) of Schedule 17 to the Transport Act 2000 (c. 38), paragraph 5 of Schedule 2 to the Railways and Transport Safety Act 2003 (c. 20), paragraph 3(3) and (4) of Schedule 1 and Part 1 of Schedule 13 to the Railways Act 2005 (c. 14) and S.I. 2015/1682.

[^f00131]: 1986 c. 44.

[^f00132]: 1991 c. 56.

[^f00133]: Section 102(4) was amended by section 96(1)(c) of the Water Act 2003 (c. 37) and paragraph 90 of Schedule 7 to the Water Act 2014 (c. 21).