The London Luton Airport Expansion Development Consent Order 2025

Made: 3rd April 2025

Coming into force: 24th April 2025

The Secretary of State, in exercise of the powers conferred by sections 114⁴, 115⁵, 117⁶, 120⁷, 122⁸, 123⁹, 127¹⁰ 131¹¹, 135, 138¹², 147¹³, 154 and 229 of, and paragraphs 1 to 4, 10 to 14 17, 22, 26, 33, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—

PART 1 — PRELIMINARY

Citation and commencement

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This Order may be cited as the London Luton Airport Expansion Development Consent Order 2025 and comes into force on 24th April 2025.

Interpretation

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• (1) In this Order—

• “the 1961 Act” means the Land Compensation Act 1961¹⁴;

• “the 1965 Act” means the Compulsory Purchase Act 1965¹⁵;

• “the 1972 Act” means the Local Government Act 1972¹⁶

• “the 1980 Act” means the Highways Act 1980¹⁷;

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981¹⁸;

• “the 1984 Act” means the Road Traffic Regulation Act 1984¹⁹;

• “the 1990 Act” means the Town and Country Planning Act 1990²⁰;

• “the 1991 Act” means the New Roads and Street Works Act 1991²¹;

• “the 2003 Act” means the Communications Act 2003²²;

• “the 2008 Act” means the Planning Act 2008²³;

• “the 2016 Regulations” means the Environmental Permitting (England and Wales) Regulations 2016²⁴;

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

• “airport” means London Luton Airport, an airport within the meaning given in section 66 (airports) of the Civil Aviation Act 2012²⁵, comprised prior to the making of this Order of the land shown within the airport boundary plan (existing), and authorised by this Order to be expanded to comprise the land shown within the airport boundary plan (expanded);

• “Airport Access Road and Luton DART long section plans” means the document of that description listed in Schedule 9 (documents to be certified) and certified by the Secretary of State as the Airport Access Road and Luton DART long section plans for the purposes of this Order;

• “airport operator” means, in the context of London Luton Airport, the managing body of an airport as defined in the Airports Slot Allocation Regulations 2006²⁶;

• “airport boundary plans” means the document of that description listed in Schedule 9 (documents to be certified) and certified by the Secretary of State as the airport boundary plans for the purposes of the Order;

• “airport boundary plan (existing)” means the plan of that name included in the airport boundary plans;

• “airport boundary plan (expanded)” means the plan of that name included in the airport boundary plans;

• “apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

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

• “book of reference” means the document of that description listed in Schedule 9 and certified by the Secretary of State as the book of reference for the purposes of the Order;

• “bridleway” has the same meaning as in section 329(1) (further provision as to interpretation of the 1980 Act;

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

• “carriageway” has the same meaning as in section 329(1) of the 1980 Act and includes part of a carriageway;

• “code of construction practice” means Appendix 4.2 of the environmental statement;

• “Crown land plans” means the document of that description listed in Schedule 9 and certified by the Secretary of State as the Crown land plans for the purposes of the Order;

• “cycle track” has the same meaning as in section 329(1)²⁷ of the 1980 Act;

• “electronic transmission” means a communication transmitted— by means of an electronic communications network; or by other means but while in electronic form, and in this definition “electronic communications network” has the same meaning as in section 32(1)²⁸ (meaning of electronic communications networks and services) of the 2003 Act;

• “environmental statement” means the document of that description listed in Schedule 9 and certified by the Secretary of State as the environmental statement for the purposes of the Order;

• “footway” and “footpath” have the same meaning as in section 329(1) of the 1980 Act and include part of a footway or footpath;

• “highway”, “highway authority” and “local highway authority” respectively have the same meaning as in section 328 (meaning of “highway”), section 1 (highway authorities: general provision) and section 329(1) of the 1980 Act and “highway” includes part of a highway;

• “highway works” means any works to construct, alter or improve a highway;

• “land plans” means the document of that description listed in Schedule 9 and certified by the Secretary of State as the land plans for the purposes of the Order;

• “LLAOL” means London Luton Airport Operations Limited (company number 03491213), whose registered office is at Percival House, 134 Percival Way, London Luton Airport, Luton, United Kingdom, LU2 9NU;

• “LLAOL planning permission” means either planning permission reference 15/00950/VARCON or if commenced planning permission reference 21/00031/VARCON (APP/B0230/V/22/3296455), including any variations thereto granted under section 96A²⁹ (power to make non-material changes to planning permission or permission in principle) or section 73³⁰ (determination of applications to develop land without compliance with conditions previously attached) of the 1990 Act;

• “LLAOL section 106 agreement” means either— the agreement entered into under section 106 of the 1990 Act dated 9 October 2017 made between London Luton Airport Operations Limited, London Luton Airport Limited, The Royal Bank of Scotland PLC and Luton Borough Council and entered into in connection with planning permission reference 15/00950/VARCON; or if planning permission reference 21/00031/VARCON (APP/B0230/V/22/3296455) is commenced, the agreement entered into under section 106 of the 1990 Act dated 9December 2022 made between London Luton Airport Operations Limited, London Luton Airport Limited, NatWest Markets PLC and Luton Borough Council and entered into in connection with that planning permission, and including any variations thereto;

• “local highway” means any highway which is not (or will not be upon completion of any relevant works) a strategic road;

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

• “National Highways” means National Highways Limited (company number 09346363) whose registered office is at Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ;

• “Order land” means the land shown on the land plans, which is within the limits of land to be acquired or used permanently or temporarily, and described in the book of reference;

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

• “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981³¹;

• “permit scheme” means the East of England Permit Scheme made under the Traffic Management (Hertfordshire County Council) Permit Scheme Order 2015 (as varied) and the Traffic Management (Luton Borough Council) Permit Scheme Order 2015 (as varied) made under Part 3 (permit schemes) of the Traffic Management Act 2004³² as in force at the date on which this Order is made;

• “relevant highway authority” means, in any given provision of this Order— National Highways, for any strategic road to which the provision relates; and the local highway authority for the area in which the highway to which the provision relates is situated;

• “relevant planning authority” means in any given provision of this Order, the local planning authority under the 1990 Act— for the area in which the part of the authorised development to which the provision relates is situated; and for the matter to which that provision relates, being, as the case may be, one of Central Bedfordshire Council, Dacorum Borough Council, Hertfordshire County Council, Luton Borough Council or North Hertfordshire District Council;

• “rights of way plans – permanent stopping up of public rights of way” means the plans of that description included in the streets, rights of way and access plans;

• “rights of way plans – public rights of way proposals” means the plans of that description included in the streets, rights of way and access plans;

• “scheme layout plans” means the document of that description listed in Schedule 9 and certified by the Secretary of State as the scheme layout plans for the purposes of the Order;

• “special category land plans” means the document of that description listed in Schedule 9 and certified by the Secretary of State as the special category land plans for the purposes of the Order;

• “statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) or section 138(4A)³³ (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act;

• “strategic road” means a highway for which National Highways is (or will be upon completion of any relevant works) the highway authority;

• “street” means a street within the meaning of section 48³⁴ (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

• “street authority”, in relation to a street, has the same meaning as in section 49³⁵ (the street authority and other relevant authorities) of the 1991 Act;

• “streets, rights of way and access plans” means the document certified by the Secretary of State as the streets, rights of way and access plans for the purposes of the Order under article 50 (certification of documents, etc.) and referenced in Schedule 9 (documents to be certified);

• “streets, rights of way and access plan – Airport Access Road” means the plans of that description included in the streets, rights of way and access plans;

• “streets, rights of way and access plan – A1089/Gipsy Lane” means the plans of that description included in the streets, rights of way and access plans;

• “traffic authority” has the same meaning as in section 121A³⁶ (traffic authorities) of the 1984 Act;

• “the tribunal” means the Lands Chamber of the Upper Tribunal;

• “undertaker” means London Luton Airport Limited (company registration number 02020381) whose registered office is at Hart House Business Centre, Kimpton Road, Luton, LU2 0LA or the person who has the benefit of this Order in accordance with articles 7 (benefit of Order) and 8 (consent to transfer benefit of Order);

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

• “works plans” means the document of that description listed in Schedule 9 and certified by the Secretary of State as the works plans for the purposes of the Order.

• (2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order land.

• (3) Excluding the dimensions specified in paragraph 7 of Part 2 of Schedule 2 to this Order, all distances, directions, areas and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development and shown on the works plans or streets, rights of way and access plans are taken to be measured along that work.

• (4) References in this Order to the creation and acquisition of rights over land includes the rights to oblige a party having an interest in land to grant those rights referenced in the Order, at the discretion of the undertaker, either—

• (a) to an affected person directly, where that person’s land or rights over land have been adversely affected by this Order, and, where that is the case, the rights referenced in the Order are to be granted for the benefit of the land in which that affected person has an interest at the time of the making of this Order; or

• (b) to any statutory undertaker for the purpose of their undertaking.

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

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

• (7) References to any statutory body in the Order or any registered company listed in article 8 (consent to transfer benefit of Order) includes that body’s or that company’s successor bodies from time to time.

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

• (9) References in this Order to materially new or materially different environmental effects in comparison with those reported in the environmental statement must not be construed so as to include the avoidance, removal or reduction of an adverse environmental effect that was reported in the environmental statement as a result of the authorised development.

• (10) In this Order, the expression “includes” is to be construed without limitation, unless so construing would give rise to any materially new or materially different environmental effects in comparison to those report in the environmental statement.

• (11) References in this Order to “part” of the authorised development are to be construed as references to stages, phases or elements of the authorised development in respect of which an application is made by the undertaker under Schedule 2, and references to commencement of part of the authorised development in Schedule 2 are to be construed accordingly.

PART 2 — PRINCIPAL POWERS

Development consent etc. granted by the Order

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• (1) Subject to the provisions of this Order the undertaker is granted development consent for the authorised development to be carried out.

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

Maintenance of authorised development

4

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

Maintenance of drainage works

5

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

• (2) In this article “drainage” has the same meaning as in section 72 (interpretation) of the Land Drainage Act 1991³⁷.

Limits of works

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• (1) Each numbered work must be situated within the limits of the corresponding numbered area shown on the works plans.

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

• (a) in respect of the Airport Access Road works comprised in Work Nos. 6a(01), 6a(02) and 6a(03) deviate vertically from the proposed levels as shown by the proposed vertical alignment shown on sheets 1 to 4 of the Airport Access Road Highway Mainline-Indicative Plan/Profile within the Airport Access Road and Luton DART long section plans to a maximum of 2.0 metres upwards or downwards; and

• (b) in respect of the Luton DART works comprised in Work No. 3g deviate vertically from the proposed rail levels shown on the Indicative Luton DART Tunnel Extension – Alignment Profile within the Airport Access Road and Luton DART long section plans to a maximum of 0.5 metres upwards or 1.0 metres downwards.

• (3) The limits set out in paragraphs (1) and (2) do not apply where it is demonstrated by the undertaker to the relevant planning authority’s satisfaction and the relevant planning authority certifies accordingly that works in excess of these limits would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

• (4) Part 5 (procedure for discharge of requirements) of Schedule 2 (requirements) applies to an application to the relevant planning authority for certification under paragraph (3) as though it were an approval required by a requirement under that Schedule.

Benefit of Order

7

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

Consent to transfer benefit of Order

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• (1) The undertaker may with the written consent of the Secretary of State—

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

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

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

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

PART 3 — STREETS

Application of the 1991 Act

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• (1) Works executed under this Order in relation to a highway, which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major highway works if—

• (a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (highway authorities, highways and related matters) of that Act; or

• (b) they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64³⁸ (dual carriageways and roundabouts) of the 1980 Act or section 184³⁹ (vehicle crossings over footways and verges) of that Act.

• (2) In Part 3 (street works in England and Wales) of the 1991 Act, in relation to works which are major highway works by virtue of paragraph (1), references to the highway authority concerned are to be construed as references to the undertaker.

• (3) The following provisions of the 1991 Act (whether modified or not by the permit scheme) do not apply in relation to any works executed under the powers conferred by this Order—

• section 56⁴⁰ (power to give directions as to timing of street works);

• section 56A⁴¹ (power to give directions as to placing of apparatus);

• section 58⁴² (restriction on works following substantial road works);

• section 58A⁴³ (restriction on works following substantial street works);

• section 73A⁴⁴ (power to require undertaker to re-surface street);

• section 73B⁴⁵ (power to specify timing etc. of re-surfacing);

• section 73C⁴⁶ (materials, workmanship and standard of re-surfacing);

• section 78A⁴⁷ (contributions to costs of re-surfacing by undertaker); and

• Schedule 3A⁴⁸ (restriction on works following substantial street works).

• (4) The provisions of the 1991 Act mentioned in paragraph (5) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved under, those provisions apply (with the necessary modifications) in relation to any stopping up, alteration or diversion of a street of a temporary nature by the undertaker under the powers conferred by article 13 (temporary stopping up and restriction of use of streets), whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.

• (5) The provisions of the 1991 Act⁴⁹ referred to in paragraph (4) are—

• section 54⁵⁰ (advance notice of certain works), subject to paragraph (6);

• section 55⁵¹ (notice of starting date of works), subject to paragraph (6);

• section 57⁵² (notice of emergency works);

• section 59⁵³ (general duty of street authority to co-ordinate works);

• section 60 (general duty of undertakers to co-operate);

• section 68 (facilities to be afforded to street authority);

• section 69 (works likely to affect other apparatus in the street);

• section 75⁵⁴ (inspection fees);

• section 76 (liability for cost of temporary traffic regulation); and

• section 77 (liability for cost of use of alternative route),

and all such other provisions as apply for the purposes of the provisions mentioned above.

• (6) Sections 54 and 55 of the 1991 Act as applied by paragraph (4) have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

• (7) Nothing in article 12 (construction and maintenance of new, altered or diverted streets)—

• (a) affects the operation of section 87 (prospectively maintainable highways) of the 1991 Act;

• (b) means that the undertaker is not by reason of any duty under that article to maintain a street or to be taken to be the street authority in relation to that street for the purposes of Part 3 of that Act; or

• (c) has effect in relation to street works to which the provisions of Part 3 (street works in England and Wales) of the 1991 Act apply.

• (8) Subject to paragraph (3), the permit scheme applies to the construction and maintenance of the authorised development and will be used by the undertaker in connection with the exercise of any powers conferred by this Part.

• (9) For the purposes of this Order—

• (a) a permit may not be refused or granted subject to conditions which relate to the imposition of moratoria; and

• (b) a permit may not be granted under the permit scheme subject to conditions where compliance with those conditions would constitute a breach of this Order or where the undertaker would be unable to comply with those conditions pursuant to the powers conferred by this Order.

• (10) References to moratoria in paragraph (9) mean restrictions imposed under section 58 (restrictions on works following substantial road works) or section 58A (restrictions on works following substantial street works) of the 1991 Act.

Street works

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• (1) The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets as are within the Order limits and may—

• (a) break up or open the street, or any sewer, drain or tunnel within or under it;

• (b) tunnel or bore under the street;

• (c) place apparatus in the street;

• (d) maintain apparatus in the street or change its position; and

• (e) execute any works required for, or incidental to, any works referred to in sub-paragraphs (a) to (d).

• (2) The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act.

• (3) Subject to article 9 (application of the 1991 Act), the provisions of sections 54 to 106 of the 1991 Act apply to any street works carried out under paragraph (1).

Power to alter layout, etc., of streets

11

• (1) Subject to paragraphs (2) and (3), the undertaker may, for the purposes of constructing, operating or maintaining the authorised development alter the layout of any street within the Order limits and, without limiting the scope of this paragraph, the undertaker may—

• (a) increase the width of the carriageway of the street by reducing the width of any footpath, footway, cycle track or verge within the street;

• (b) alter the level or increase the width of such footpath, footway, cycle track or verge;

• (c) reduce the width of the carriageway of the street; and

• (d) make and maintain crossovers, and passing places.

• (2) The undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority.

• (3) The powers conferred by paragraph (1) must not be exercised without the written consent of the street authority.

• (4) If a street authority which receives an application for consent under paragraph (3) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was made, it is deemed to have granted consent.

• (5) Any application for consent under paragraph (3) must include a written statement that the provisions of paragraphs (4) and (7) apply to that application.

• (6) Paragraphs (2) and (3) do not apply where the undertaker is the street authority for a street in which the works are being carried out.

• (7) An application for consent under paragraph (3) is deemed advance notice under section 54⁵⁵ (advance notice of certain works) of the 1991 Act where advance notice is required.

Construction and maintenance of new, altered or diverted streets

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• (1) Any highway to be constructed under this Order must be completed to the reasonable satisfaction of the relevant highway authority and, unless otherwise agreed in writing with the relevant highway authority, must be maintained by and at the expense of the relevant highway authority from its completion.

• (2) Where a highway is altered or diverted under this Order, the altered or diverted part of the highway must, when completed to the reasonable satisfaction of the relevant highway authority, unless otherwise agreed with the relevant highway authority, be maintained by and at the expense of the relevant highway authority from its completion.

• (3) Paragraphs (1) and (2) are subject to Part 5 (for the protection of National Highways Limited) and Part 6 (for the protection of local highway authorities) of Schedule 8 to this Order.

• (4) Where a street which is not and is not intended to be a public highway is constructed, altered or diverted under this Order, the street (or part of the street as the case may be) must, when completed to the reasonable satisfaction of the street authority, and unless otherwise agreed in writing with the street authority, be maintained by and at the expense of the street authority from its completion.

• (5) In any action against the undertaker in respect of loss or damage resulting from any failure by it to maintain a street under this article, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the undertaker had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic.

• (6) For the purposes of a defence under paragraph (5), the court must in particular have regard to the following matters—

• (a) the character of the street and the traffic which was reasonably to be expected to use it;

• (b) the standard of maintenance appropriate for a street of that character and used by such traffic;

• (c) the state of repair in which a reasonable person would have expected to find the street;

• (d) whether the undertaker knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause dangers to users of the street; and

• (e) where the undertaker could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed,

but for the purposes of such a defence it is not relevant to prove that the undertaker had arranged for a competent person to carry out or supervise the maintenance of the part of the street to which the action relates unless it is also proved that the undertaker had given the competent person proper instructions with regard to the maintenance of the street and that the competent person had carried out those instructions.

Temporary stopping up and restriction of use of streets

13

• (1) The undertaker, during and for the purposes of carrying out the authorised development, may temporarily stop up, alter, divert or restrict the use of any street and may for any reasonable time—

• (a) divert the traffic, or a class of traffic, from the street; and

• (b) subject to paragraph (3), prevent all persons from passing along the street.

• (2) Without limitation on the scope of paragraph (1), the undertaker may use any street temporarily stoppclosed up or restricted under the powers conferred by this article and which is within the Order limits as a temporary working site.

• (3) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary stopping up, alteration, diversion or restriction of a street under this article if there would otherwise be no such access.

• (4) The undertaker must not temporarily stop up, alter, divert or restrict any street without the consent of the street authority, which may attach reasonable conditions to any consent but such consent must not be unreasonably withheld or delayed.

• (5) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

• (6) If a street authority which receives a valid application for consent under paragraph (4) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was made, it is deemed to have granted consent.

• (7) An application for consent made under paragraph (4) must include a written statement that the provisions of paragraph (4) apply to that application.

Permanent stopping up of public rights of way

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• (1) Subject to the provisions of this article, the undertaker may, in connection with the carrying out of the authorised development, stop up permanently each of the public rights of way specified in column (1) of Schedule 3 (permanent stopping up of public rights of way) to the extent specified and described in column (2) of that Schedule.

• (2) Where a public right of way has been stopped up under this article—

• (a) all rights of way over or along the public right of way so stopped up are extinguished; and

• (b) the undertaker may appropriate and use for the purposes of the authorised development so much of the site of the public right of way as is bounded on both sides by land owned by the undertaker.

• (3) Any person who suffers loss by the extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

• (4) This article is subject to article 37 (apparatus and rights of statutory undertakers in stopped-up streets).

Access to works

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• (1) The undertaker may, for the purposes of the authorised development, and with the consent of the street authority, form and layout means of access, or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development provided that this does not result in any materially new or materially different environmental effects than those assessed in the environmental statement.

• (2) If a street authority which receives an application for consent under paragraph (1) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was made, it is deemed to have granted consent.

• (3) Any application for consent under paragraph (1) must include a written statement that the provisions of paragraph (2) apply to that application.

Traffic regulation

16

• (1) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, which consent must not be unreasonably withheld, the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with the construction, operation or maintenance of the authorised development—

• (a) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

• (b) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;

• (c) authorise the use as a parking place of any road;

• (d) make provision as to the direction or priority of vehicular traffic on any road; and

• (e) permit or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by the undertaker.

• (2) The undertaker must consult the chief officer of police and the traffic authority in whose area the road is situated before complying with the provisions of paragraph (3).

• (3) The undertaker must not exercise the powers conferred by paragraph (1) unless it has—

• (a) given not less than—

• (i) 12 weeks’ notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or

• (ii) except in the case of an emergency, 28 days’ notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily,

to the chief officer of police and to the traffic authority in whose area the road is situated; and

• (b) advertised its intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of the undertaker’s intention as provided for in sub-paragraph (a)(i), or within 7 days of its receipt of notice of the undertaker’s intention provided for in sub-paragraph (a)(ii).

• (4) Any prohibition, restriction or other provision made by the undertaker under paragraph (1)—

• (a) has effect as if duly made by, as the case may be—

• (i) the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or

• (ii) the local authority in whose area the road is situated, as an order under section 32⁵⁶ (power of local authorities to provide parking spaces) of the 1984 Act,

and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject; and

• (b) is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004⁵⁷.

• (5) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers of paragraph (1) within a period of 24 months from the date on which the last part of the road works forming part of the authorised development is first open for public use.

• (6) Before exercising the powers conferred by paragraph (1) the undertaker must consult such persons as it considers necessary and appropriate and must take into consideration any representations made to it by any such person.

• (7) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

• (8) The powers conferred on the undertaker by this article with respect to any road have effect subject to any agreement entered into by the undertaker with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

• (9) If the traffic authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (1) the traffic authority is deemed to have granted consent.

• (10) Any application made under paragraph (1) must include a written statement that the provisions of paragraph (9) apply to that application.

Agreements with street authorities

17

• (1) A street authority and the undertaker may enter into agreements with respect to—

• (a) the construction of any new street, including any structure carrying the street over any part of the authorised development;

• (b) the strengthening, improvement, repair or reconstruction of any street, including any structure carrying the street over any part of the authorised development;

• (c) the maintenance of the structure of any bridge or tunnel carrying a street over or under any part of the authorised development;

• (d) any stopping up, closure, alteration or diversion of a street authorised by this Order;

• (e) the carrying out in the street of any of the works referred to in articles 10 (street works) and 11 (power to alter layout, etc. of streets); and

• (f) such other works as the parties may agree.

• (2) Such an agreement may, without limitation on the scope of paragraph (1)—

• (a) make provision for the street authority to carry out any function under this Order which relates to the street in question;

• (b) include an agreement between the undertaker and the street authority specifying a reasonable time for the completion of the works; and

• (c) contain such terms as to payment and other matters as the parties consider appropriate.

Designation of highways

18

• (1) From the date on which each of the local highways described in columns (1) and (2) of Schedule 4 (designation of highways) is completed and open for traffic that local highway has the designation specified in column (3) of that Schedule.

• (2) Notwithstanding Schedule 4, the application of paragraph (1) may be varied or revoked by any instrument made under any enactment which provides for the variation or revocation of such matters.

PART 4 — SUPPLEMENTAL POWERS

Discharge of water

19

• (1) Subject to paragraphs (3) and (4), the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.

• (2) Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker under paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991⁵⁸.

• (3) The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.

• (4) The undertaker must not make any opening into any public sewer or drain pursuant to paragraph (1) except—

• (a) in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and

• (b) where that person has been given the opportunity to supervise the making of the opening.

• (5) The undertaker must not, in carrying out or maintaining works under this article, damage or interfere with the bed or banks of any watercourse forming part of a main river other than in accordance with a consent granted by the Environment Agency.

• (6) The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension or solution.

• (7) This article does not authorise a groundwater activity or a water discharge activity for which an environmental permit would be required under regulation 12(1)(b) (requirement for an environmental permit) of the 2016 Regulations.

• (8) In this article—

• (a) “public sewer or drain” means a sewer or drain which belongs to Homes England, the Environment Agency, an internal drainage board, a joint planning board, a local authority, a sewerage undertaker or an urban development corporation;

• (b) other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991⁵⁹ have the same meaning as in that Act; and

• (c) “main river” means watercourses as defined under section 113(1)⁶⁰ (interpretation of Part IV) of the Water Resources Act 1991 and shown as such on the statutory main river maps held by the Environment Agency and the Department for Environment, Food and Rural Affairs.

• (9) If a person who receives an application for consent under paragraph (3) or approval under paragraph (4)(a) fails to notify the undertaker of a decision within 28 days of receiving an application that person will be deemed to have granted consent or given approval, as the case may be.

• (10) Subject to paragraphs (11) and (12), an application for consent under paragraph (3) or for approval under paragraph (4)(a) must contain a written statement that the provisions of paragraph (9) apply to that application.

• (11) The Environment Agency is deemed to have granted consent under paragraph (3) where the watercourse, public sewer or drain belongs to the Environment Agency and an environmental permit under regulation 12(1)(b) (requirement for an environmental permit) of the 2016 Regulations has been granted in respect of the discharge.

• (12) A sewerage undertaker is deemed to have granted consent to the discharge of trade effluent into a public sewer under paragraph (3) where the public sewer belongs to the sewerage undertaker and consent under section 118 (consent required for discharge of trade effluent into public sewer) of the Water Industry Act 1991 has been granted in respect of the discharge.

Protective work to buildings

20

• (1) Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building which may be affected by the authorised development as the undertaker considers necessary or expedient.

• (2) Protective works may be carried out—

• (a) at any time before or during the carrying out in the vicinity of the building of any part of the authorised development; or

• (b) after the completion of that part of the authorised development in the vicinity of the building at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised development is first opened for use.

• (3) For the purpose of determining how the functions under this article are to be exercised the undertaker may enter and survey any building falling within paragraph (1) and any land within its curtilage, and place on, leave on and remove from the building any apparatus and equipment for use in connection with the survey.

• (4) For the purpose of carrying out protective works under this article to a building the undertaker may (subject to paragraphs (5) and (6))—

• (a) enter the building and any land within its curtilage; and

• (b) where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building but outside its curtilage, enter the adjacent land (but not any building erected on it).

• (5) Before exercising—

• (a) a right under paragraph (1) to carry out protective works to a building;

• (b) a right under paragraph (3) to enter a building and land within its curtilage;

• (c) a right under paragraph (4)(a) to enter a building and land within its curtilage; or

• (d) a right under paragraph (4)(b) to enter land,

the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days’ notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c), specifying the protective works proposed to be carried out.

• (6) Where a notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 52 (arbitration).

• (7) The undertaker must compensate the owners and occupiers of any building or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights.

• (8) Where—

• (a) protective works are carried out under this article to a building; and

• (b) within the period of 5 years beginning with the day on which the part of the authorised development carried out in the vicinity of the building is first opened for use it appears that the protective works are inadequate to protect the building against damage caused by the carrying out or use of that part of the authorised development,

the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them.

• (9) Nothing in this article relieves the undertaker from any liability to pay compensation under section 152⁶¹ (compensation in case where no right to claim in nuisance) of the 2008 Act.

• (10) Any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

• (11) Section 13⁶² (refusal to give possession to acquiring authority) of the 1965 Act applies to entry onto, or possession of, land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125⁶³ (application of compulsory acquisition provisions) of the 2008 Act.

• (12) In this article “protective works” in relation to a building means—

• (a) underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the carrying out, maintenance or use of the authorised development;

• (b) any works the purpose of which is to remedy any damage which has been caused to the building by the carrying out, maintenance or use of the authorised development; and

• (c) any works the purpose of which is to secure the safe operation of the authorised development or to prevent or minimise the risk to such operation being disrupted.

Authority to survey and investigate the land

21

• (1) The undertaker may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised development and—

• (a) survey or investigate the land (including any watercourses, groundwater, static water bodies or vegetation on the land);

• (b) without limitation to the scope of sub-paragraph (a), make any excavations, trial holes, boreholes and other investigations in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer, subsoil, ground water, underground structures, foundations, and plant or apparatus and remove soil and water samples and discharge water from sampling operations on to the land;

• (c) without limitation to the scope of sub-paragraph (a), carry out ecological or archaeological investigations on such land including making any excavations or trial holes on the land for such purposes; and

• (d) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes, boreholes or excavations.

• (2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land.

• (3) The notice required under paragraph (2) must indicate the nature of the survey or investigation that the undertaker intends to take.

• (4) Any person entering land under this article on behalf of the undertaker—

• (a) must, if so required, before or after entering the land, produce written evidence of their authority to do so; and

• (b) may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes, boreholes or excavations.

• (5) No trial holes, boreholes or excavations are to be made under this article—

• (a) in land located within a highway boundary without the consent of the highway authority; or

• (b) in a private street without the consent of the street authority,

but such consent must not be unreasonably withheld or delayed.

• (6) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

• (7) If either a highway authority or street authority which receives an application for consent fails to notify the undertaker of its decision within 28 days of receiving the application for consent—

• (a) under paragraph (4)(a) in the case of a highway authority; or

• (b) under paragraph (4)(b) in the case of a street authority,

that authority will be deemed to have granted consent.

• (8) Any application made under paragraph (4)(a) or paragraph (4)(b) must include a written statement that the provisions of paragraph (7) apply to the application.

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

Felling, lopping and removal of trees, shrubs and hedgerows

22

• (1) Subject to paragraph 9 or 10 of Schedule 2 (requirements) to this Order, the undertaker may fell, lop or remove any tree, shrub or hedgerow within or overhanging land within the Order limits, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree, shrub or hedgerow—

• (a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

• (b) from constituting a danger to persons using the authorised development.

• (2) The powers in sub-paragraph (1) may not be exercised in relation to any tree, shrub or hedgerow which is—

• (a) situated within a conservation area (designated under section 69 (designation of conservation areas) of the Planning (Listed Buildings and Conservation Areas) Act 1990⁶⁴);

• (b) subject to a tree preservation order made under Part 8 (special controls) of the 1990 Act and the Town and Country Planning (Tree Preservation) (England) Regulations 2012⁶⁵,

unless that tree, shrub or hedgerow has been identified in a scheme or plan submitted under paragraph 9 (landscaping design) or paragraph 10 (landscape and biodiversity management plan) of Schedule 2 to this Order along with written details of the proposed works, and the relevant planning authority has provided written approval of that scheme or plan.

• (3) In carrying out any activity authorised by paragraphs (1) or (2), the undertaker must do no unnecessary damage to any tree, shrub or hedgerow and must pay compensation to any person for any loss or damage arising from such activity.

• (4) Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

• (5) In this article “hedgerow” has the same meaning as in the Hedgerow Regulations 1997⁶⁶ and includes important hedgerows.

Removal of human remains

23

• (1) In this article “the specified land” means any land within the Order limits.

• (2) Before the undertaker carries out any development or works which will or may disturb any human remains in the specified land it is to remove those human remains from the specified land, or cause them to be removed, in accordance with the following provisions of this article.

• (3) Subject to paragraph (14), before any such remains are removed from the specified land the undertaker is to give notice of the intended removal, describing the specified land and stating the general effect of the following provisions of this article by—

• (a) publishing a notice for two successive weeks in a newspaper circulating in the area of the authorised development; and

• (b) displaying a notice in a conspicuous place on or near to the specified land.

• (4) As soon as reasonably practicable after the first publication of a notice under paragraph (3) the undertaker is to send a copy of the notice to the relevant planning authority.

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

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

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

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

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

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

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

• (9) If—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (15) In the case of remains in relation to which paragraph (14) applies, the undertaker—

• (a) may remove the remains;

• (b) must apply for direction from the Secretary of State under paragraph (12) as to their subsequent treatment; and

• (c) must deal with the remains in such manner, and subject to such conditions, as the Secretary of State directs.

• (16) In this article—

• (a) references to a relative of the deceased are to a person who—

• (i) is a husband, wife, civil partner, parent, grandparent, child or grandchild of the deceased; or

• (ii) is, or is a child of, a brother, sister, uncle or aunt of the deceased; and

• (b) references to a personal representative of the deceased are to a person or persons who—

• (i) is the lawful executor of the estate of the deceased; or

• (ii) is the lawful administrator of the estate of the deceased.

• (17) Section 25 (offence of removal of body from burial ground) of the Burial Act 1857⁶⁷ does not apply to a removal carried out in accordance with this article.

PART 5 — POWERS OF ACQUISITION AND POSSESSION

Compulsory acquisition of land

24

• (1) The undertaker may acquire compulsorily so much of the Order land as is required for the authorised development, or to facilitate it, or is incidental to it, or is required as replacement land.

• (2) This article is subject to article 27(2) (compulsory acquisition of rights and imposition of restrictive covenants), article 26 (time limit for exercise of authority to acquire land compulsorily), article 33(9) (temporary use of land for carrying out the authorised development), article 36 (statutory undertakers) and article 39 (Crown rights).

Compulsory acquisition of land – incorporation of the mineral code

25

Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981⁶⁸ is incorporated in this Order subject to the modifications that—

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

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

• (c) for “undertaking” substitute “authorised development”; and

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

Time limit for exercise of authority to acquire land compulsorily

26

• (1) After the end of the period of 10 years beginning on the start date—

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

• (b) no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 30 (application of the 1981 Act).

• (2) The authority conferred by article 33 (temporary use of land for carrying out the authorised development) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

• (3) In this article “start date” means the later of the day after—

• (a) the period for legal challenge in section 118 of the 2008 Act expires; or

• (b) the final determination of any legal challenge under that section,

whichever is later.

Compulsory acquisition of rights and imposition of restrictive covenants

27

• (1) Subject to paragraphs (2) to (4), the undertaker may acquire such rights over the Order land, or impose such restrictive covenants affecting the Order land, including rights and restrictive covenants for the benefit of a statutory undertaker or any other person, as may be required for any purpose for which that land may be acquired under article 24 (compulsory acquisition of land) by creating them as well as acquiring rights already in existence.

• (2) In the case of the Order land specified in column (1) of Schedule 5 (land in which only new rights etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of such wayleaves, easements, new rights in the land or the imposition of restrictive covenants, as may be required for or in connection with the authorised development for the purposes specified in relation to that land in column (2) of that Schedule.

• (3) The power under paragraph (1) to acquire the rights and to impose the restrictive covenants described in Schedule 5 (land in which only new rights etc. may be acquired) for the benefit of statutory undertakers or for the benefit of any other person—

• (a) does not preclude the acquisition of such other rights and the imposition of such other restrictive covenants in respect of the same land in accordance with Schedule 5 as may be required for the benefit of any other statutory undertaker or any other person; and

• (b) must not be exercised by the undertaker in a way that precludes the acquisition of such other rights and the imposition of such other restrictive covenants in respect of the same land in accordance with Schedule 5 as are required for the benefit of any other statutory undertaker or any other person.

• (4) Subject to Schedule 2A (counter-notice requiring purchase of land not in notice to treat)⁶⁹ of the 1965 Act, as modified by paragraph (1) of Schedule 6 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants), where the undertaker acquires a right over land or the benefit of a restrictive covenant affecting land under paragraph (1) or (2), the undertaker is not required to acquire a greater interest in that land.

• (5) Schedule 6 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.

• (6) The rights which may be acquired permanently and restrictive covenants imposed permanently in, on, over or under plot 6-04 (as shown on the land plans) may only be acquired up to three metres laterally on each side of the location of the constructed fuel pipeline and associated installations measured from their centre line.

Private rights over land

28

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

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

• (b) on the date of entry on the land by the undertaker under section 11(1)⁷⁰ (powers of entry) of the 1965 Act,

whichever is the earlier.

• (2) Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of the rights or the imposition of restrictive covenants under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right or the burden of the restrictive covenant—

• (a) as from the date of the acquisition of the right or the benefit of the restrictive covenant by the undertaker, whether compulsorily or by agreement; or

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

whichever is the earlier.

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

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

• (5) Any person who suffers loss by the extinguishment or suspension of any private right under this article is entitled to compensation in accordance with the terms of section 152⁷¹ (compensation in case where no right to claim in nuisance) of the 2008 Act to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

• (6) This article does not apply in relation to any right to which section 138⁷² (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 36 (statutory undertakers) applies.

• (7) Paragraphs (1) to (4) have effect subject to—

• (a) any notice given by the undertaker before—

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

• (ii) the undertaker’s appropriation of the land;

• (iii) the undertaker’s entry onto the land; or

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

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

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

• (8) If any such agreement as is referred to in paragraph (7)(b)—

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

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

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

• (9) References in this article to private rights over land include any right of way, trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect.

Modification of Part 1 of the 1965 Act

29

• (1) Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act, as applied to this Order by section 125⁷³ (application of compulsory acquisition provisions) of the 2008 Act is modified as follows.

• (2) in section 4A(1)⁷⁴ (extension of time limit during challenge)—

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

• (b) for “the applicable period” for the purposes of section 4 (time limit for giving notice to treat) substitute “the ten year period mentioned in article 26 (time limit for exercise of authority to acquire land compulsorily) of the London Luton Airport Expansion Development Consent Order 2025”.

• (3) In section 11A⁷⁵ (powers of entry: further notices of entry)—

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

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

• (4) In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article 26 (time limit for exercise of authority to acquire land compulsorily) of the London Luton Airport Expansion Development Consent Order 2025”.

• (5) In Schedule 2A⁷⁶ (counter-notice requiring purchase of land not in notice to treat)—