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The London Luton Airport Expansion Development Consent Order 2025

Type Statutory-Instrument

Publication 2025-04-03

Last updated 2025-04-24

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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

(2) Paragraph (1)(b) has no effect in relation to apparatus in respect of which the following provisions apply—

(a) Part 3 (street works in England and Wales) of the 1991 Act; and

(b) article 37 (apparatus and rights of statutory undertakers in stopped-up streets) of this Order.

Apparatus and rights of statutory undertakers in stopped-up streets

37

(1) Where a street is stopped up under article 14 (permanent stopping up of public rights of way), any statutory utility whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made.

(2) Where a street is stopped up under article 14 (permanent stopping up of public rights of way) any statutory utility whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by the undertaker must—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(8) In this article—

“apparatus” has the same meaning as in Part 3 of the 1991 Act;

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

“statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1)[^f00087] (interpretation of Chapter 1) of the 2003 Act.

Recovery of costs of new connections

38

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 36 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 36 (statutory undertakers), any person who is—

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

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

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

(3) This article does not have effect in relation to apparatus to which article 37 (apparatus and rights of statutory undertakers in stopped-up streets) or Part 3 of the 1991 Act applies.

(4) In this paragraph—

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

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

Crown rights

39

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

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

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

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

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

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

Disregard of certain improvements, etc.

40

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

(a) any interest in land; or

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

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

(2) In paragraph (1) “relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works constructed or the improvement or alteration made as part of the authorised development, directly or indirectly concerned.

Set off for enhancement in value of retained land

41

(1) In assessing the compensation payable to any person in respect of the acquisition from that person under this Order of any land (including the subsoil) the tribunal must set off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity which will accrue to that person by reason of the construction of the authorised development.

(2) In assessing the compensation payable to any person in respect of the acquisition from that person of any new rights over land (including the subsoil) under article 27 (compulsory acquisition of rights and imposition of restrictive covenants), the tribunal must set off against the value of the rights so acquired—

(a) any increase in the value of the land over which the new rights are required; and

(b) any increase in value of any contiguous or adjacent land belonging to that person in the same capacity,

which will accrue to that person by reason of the construction of the authorised development.

(3) The 1961 Act has effect, subject to paragraphs (1) and (2) as if this Order were a local enactment for the purposes of that Act.

PART 6 — OPERATIONS

Power to operate the authorised development

42

(1) The undertaker may operate and use the authorised development.

(2) This article does not relieve the undertaker of any requirement to obtain any permit or licence under any other legislation that may be required from time to time to authorise the operation of the authorised development.

PART 7 — MISCELLANEOUS AND GENERAL

Disapplication of legislative provisions

43

The provisions of the Neighbourhood Planning Act 2017[^f00088], in so far as they relate to the temporary possession of, or entry into, land under this Order, do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development and, within the maintenance period defined in article 34(13) (temporary use of land for maintaining the authorised development), any maintenance of any part of the authorised development.

Interaction with LLAOL planning permission

44

(1) The undertaker may not, in accordance with this Order, operate the airport above the passenger cap permitted by the LLAOL planning permission until notice under this article has been served on Luton Borough Council by the undertaker.

(2) As soon as reasonably practicable following service of notice under paragraph (1), the undertaker must inform the following local authorities that such notice has been served—

(a) Central Bedfordshire Council;

(b) Dacorum Borough Council;

(d) North Hertfordshire District Council.

(3) Notwithstanding article 45(2) (application of the 1990 Act) of this Order, upon service of notice under paragraph (1)—

(a) the undertaker must operate the airport in accordance with the provisions of this Order; and

(b) subject to paragraphs (4) and (5), the conditions of the LLAOL planning permission cease to have effect and the LLAOL section 106 agreement is abrogated.

(4) Where one or more of the specified conditions of the LLAOL planning permission—

(a) require delivery of built development which has not been completed at the point of service of notice under paragraph (1), or relate to construction of that built development; or

(b) require post-completion monitoring or management of built development required to be delivered by the LLAOL planning permission,

the specified condition continues to have effect in relation to the built development in question after service of notice under paragraph (1) until the obligation in relation to the built development has been discharged, or Luton Borough Council certifies in writing that the obligation has been superseded by an equivalent obligation under this Order.

(5) Upon service of notice under paragraph (1), the LLAOL planning permission and the LLAOL section 106 agreement will not be enforceable except in respect of any breach that occurred prior to the undertaker serving notice under paragraph (1).

(6) Notwithstanding paragraph (1), the undertaker may exercise any other powers under this Order in respect of any part of the authorised development prior to or following service of notice under paragraph (1).

(7) In this article, “specified condition” means either—

(a) conditions 1, 4, 6, 7, 13-15, 17, 18 and 20 of planning permission reference 15/00950/VARCON; or

(b) if planning permission 21/00031/VARCON (APP/B0230/V/22/3296455) has been commenced, conditions 1-3, 5, 6, 10-12 and 14-16 of that permission,

including any variations thereto granted under section 96A[^f00089] (power to make non-material changes to planning permission or permission in principle) or section 73 (determination of applications to develop land without compliance with conditions previously attached) of the 1990 Act.

Application of the 1990 Act

45

(1) Development consent granted by this Order—

(a) which applies to land forming part of the airport; or

(b) which authorises works to apparatus of statutory undertakers on, under or over land,

is to be treated as specific planning permission for the purposes of section 264(3) (cases in which land is to be treated as not being operational) of the 1990 Act provided development which comprises the airport or apparatus belonging to a statutory undertaker is authorised under this Order and has been carried out on the land in question.

(2) To the extent that the LLAOL planning permission or the Green Horizons Park permission or compliance with any conditions of either of those permissions is inconsistent with authorised development which is carried out under this Order, then from the point at which that inconsistency arises—

(a) that inconsistency is to be disregarded for the purposes of establishing whether any development which is the subject matter of that planning permission is capable of physical implementation;

(b) no enforcement action under the 1990 Act may be taken against development carried out in accordance with that planning permission by reason of such inconsistency, whether inside or outside the Order limits; and

(c) any conditions on that planning permission that are inconsistent with this Order or the authorised development cease to have effect.

(3) To the extent that development carried out, operated or used in accordance with the grant of planning permission under the 1990 Act that is inconsistent with the authorised development under this Order it is deemed not to constitute a breach of this Order and does not prevent the undertaker carrying out the authorised development granted development consent under this Order.

(4) Where the undertaker identifies an inconsistency between a planning permission and this Order which engages the provisions of paragraphs (2)or (3) as the case may be, it must notify the relevant planning authority as soon as reasonably practicable about the existence of the inconsistency, and how the undertaker is proceeding in view of that inconsistency in accordance with this article.

(5) In this article—

(a) “Green Horizon Park permission” means planning permission reference 17/02300/EIA or any variation of this permission granted under section 96A (power to make non-material changes to planning permission or permission in principle) or section 73[^f00090] (determination of applications to develop land without compliance with conditions previously attached) of the 1990 Act;

(b) “inconsistency” and “cognate expressions” means a circumstance in which a physical conflict exists, or one in which development is no longer capable of being physically implemented or otherwise operated in accordance with the permission or consent granted; and

(c) “planning permission” means planning permission granted under the 1990 Act including planning permission deemed to be granted under article 3 (permitted development) and Classes F, G, I, J, K, L, M and N of Part 8 (Transport related development) of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015[^f00091].

Application of landlord and tenant law

46

(1) This article applies to—

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

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

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

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

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

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

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

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

Defence to proceedings in respect of statutory nuisance

47

(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990[^f00092] in relation to a nuisance falling within paragraph (d), (e), (g) and (ga) of section 79(1)[^f00093] (statutory nuisances and inspections therefor) of that Act no order is to be made, and no fine may be imposed, under section 82(2)[^f00094] of that Act if—

(a) the defendant shows that the nuisance—

(i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the construction or maintenance of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974[^f00095]; or

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

(b) the defendant shows that the nuisance is a consequence of the use or operation of the authorised development and that it cannot reasonably be avoided.

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

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

(4) In this this article “premises” has the same meaning as in section 79(7)[^f00096] of the Environmental Protection Act 1990.

No double recovery

48

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

Protection of interests

49

Schedule 8 (protective provisions) has effect.

Certification of documents, etc.

50

(1) As soon as practicable after the making of this Order the undertaker must submit copies of each of the plans and documents set out in Schedule 9 (documents to be certified) to the Secretary of State for certification that they are true copies of those plans and documents.

(2) Where any plan or document set out in Schedule 9 requires to be amended to reflect the terms of the Secretary of State’s decision to make the Order, that plan or document in the form amended to the Secretary of State’s satisfaction is the version of the plan or document required to be certified under paragraph (1).

(3) Notwithstanding paragraph (2), the Secretary of State expects the undertaker to provide an updated GCG Framework so that this document—

(a) consistent refers to “within six months of new legal limits being published”; and

(b) reflects the revised control needed to take account of paragragh 29 (annual air traffic movement cap for the authorised development) in Schedule 2 (requirements) which secure an annual movement limit of 209,410 movements.

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

Service of notices

51

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

(a) by post;

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

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

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978[^f00097] as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(9) This article does not exclude the employment of any method of service not expressly provided for by it.

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

Arbitration

52

(1) Except where otherwise expressly provided for in this Order and unless otherwise agreed between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) must be resolved in accordance with this article.

(2) The parties must use reasonable endeavours to settle any difference to which paragraph (1) applies through negotiations undertaken in good faith by senior representatives of the parties.

(3) Any difference which is not resolved to the satisfaction of the parties under paragraph (2) within ten working days of the dispute arising (or such longer period as may be agreed) must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the Secretary of State.

Guarantees in respect of payment of compensation

53

(1) The undertaker must not exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any land comprised in part of the authorised development unless it has first put in place for that land either—

(a) a guarantee, the form and amount of which has been approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation under this Order in respect of the exercise of the relevant power in relation to that land; or

(b) an alternative form of security, the form and amount of which has been approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation under this Order in respect of the exercise of the relevant power in relation to that land.

(2) The provisions are—

article 24 (compulsory acquisition of land);

article 27 (compulsory acquisition of rights and imposition of restrictive covenants);

article 28 (private rights over land);

article 31 (acquisition of subsoil or airspace only);

article 32 (rights under or over streets);

article 33 (temporary use of land for carrying out the authorised development);

article 34 (temporary use of land for maintaining the authorised development); and

article 36 (statutory undertakers).

(3) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under this Order is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.

(4) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised.

Enhancement and conservation of the Chilterns National Landscape

54

(1) Having regard to the duty under section 85 of the Countryside and Rights of Way Act 2000, upon service of the notice referred to in article 44(1), the undertaker will make a funding contribution to the Chilterns Conservation Board in the sum of £250,000.

(2) The Chilterns Conservation Board is to allocate the funding contribution referred to in paragraph (1) to one or more projects which—

(a) further the purposes of conserving or enhancing the Chilterns National Landscape; and

(b) are consistent with the Chilterns AONB Management Plan 2019-2024 (or any superseding or equivalent document).

(3) Upon any allocation of funding in accordance with paragraph (2), the Chilterns Conservation Board is to notify the undertaker about the project which is in receipt of the funding and provide the undertaker with such information about the project as the undertaker may reasonably request.

(4) In this article, the “Chilterns Conservation Board” includes any successor body which performs its functions and duties.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the administrative area of Luton Borough Council, Central Bedfordshire Council, North Hertfordshire District Council, Hertfordshire County Council and Dacorum Borough Council

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

Sitewide works to enable development

Work No. 1a — Within the area of land shown on the Works Plans as Work No. 1a, earthworks involving the excavation of natural material and existing made ground and stockpiles to create a new apron at approximately existing apron height as well as a landform platform suitable for the construction of a new terminal, apron, car parks and ancillary airport facilities.

Work No. 1b — Within the area of land shown on the Works Plans as Work No. 1b, landfill remediation works to the former Eaton Green landfill site including the excavation, processing and re-deposit of material and the piling of foundations to support the new airport buildings and infrastructure.

Airfield works

Work No. 2a(01) — Within the area of land shown on the Works Plans as Work No. 2a(01), works to construct up to four new aircraft stands including high mast lighting, linear drainage systems with catch-pits, an oil separator and attenuation storage, the construction of a new taxiway from the east side of existing Taxiway Foxtrot, drainage and aeronautical ground lighting.

Work No. 2a(02) — Within the area of land shown on the Works Plans as Work No. 2a(02), works to construct a new surface movement radar including the construction of an access road, security fencing and power and communication cable connections.

Work No. 2b(01) — Within the area of land shown on the Works Plans as Work No. 2b(01), works to construct additional taxiways, including a rapid exit taxiway, to tie-in the existing runway including— the localised resurfacing of the runway pavement edges; the provision of necessary drainage incorporating localised modification of runway edge drainage systems; the modification of existing aeronautical ground lighting, specifically existing runway edge lighting and the installation of new aeronautical ground lighting including cabling; and the provision of required markings associated with the new taxiway.

Work No. 2b(02) — Within the area of land shown on the Works Plans as Work No. 2b(02), works to construct a new airfield equipment. To include— Instrument Runway Visual Range system, including the construction of an access track and power and communication cable connections; and Precision Approach Path Indicators, including the construction of an access track and power and communication cable connections.

Work No. 2b(03) — Within the area of land shown on the Works Plans as Work No. 2b(03), works to construct new apron (including appropriate drainage with full retention separators to collect surface water for appropriate storage and treatment), new taxiways, roads and ground servicing equipment (GSE) areas including car parking areas and electric charging points for the GSE vehicle fleet. The construction of up to 12 new aircraft stands, each aircraft stand to be provided with— a fixed electrical ground power unit; a below ground fuel hydrant system servicing the stands with fuel to hydrants located on the stands; a stand entry guidance system; and high mast lighting.

Work No. 2b(04) — Within the area of land shown on the Works Plans as Work No. 2b(04), the construction of new taxiways to connect the new apron to the existing taxiway network consisting of a realigned existing parallel Taxiway and the construction of a new Taxiway and the construction of a new isolation stand.

Work No. 2c(01) — Within the area of land shown on the Works Plans as Work No. 2c(01), works to construct new apron (including appropriate drainage with full retention separators to collect surface water for appropriate storage and treatment), new taxiways, along with the construction of— up to 12 additional aircraft stands; up to three additional stands to be connected to the western pier constructed as part of Work No. 3c(01); up to seven stands, located to the east of the current apron to provide direct access to the proposed new pier building described in Work No. 3c(02); fixed electrical ground power units; a below ground fuel hydrant system servicing all the stands within the apron area with fuel to hydrants located on the stands; a stand entry guidance system; and high mast lighting.

Work No. 2c(02) — Within the area of land shown on the Works Plans as Work No. 2c(02), works to construct additional taxiways, including a rapid exit taxiway, to tie-in the existing runway including— the localised resurfacing of the runway pavement edges; the provision of necessary drainage incorporating localised modification of runway edge drainage systems; the modification of existing aeronautical ground lighting, specifically existing runway edge lighting and the installation of new aeronautical ground lighting including cabling; and the provision of required markings associated with the new taxiway.

Work No. 2c(03) — Within the area of land shown on the Works Plans as Work No. 2c(03), the construction of new hangar aprons required to provide access for aircraft to the new hangars to be constructed under Work No. 4b.

Work No. 2c(04) — Within the area of land shown on the Works Plans as Work No. 2c(04), works to upgrade the existing perimeter road from the fire station to the new fire training ground described in Work No. 2d.

Work No. 2d — Within the area of land shown on the Works Plans as Work No. 2d, the construction of a new fire training ground facility. To include— installation of training rigs and towers; drainage infrastructure; high mast lighting; vehicle and pedestrian access routes; ancillary buildings; and the demolition of the existing fire training ground facility.

Work No. 2e — Within the area of land shown on the Works Plans as Work No. 2e, works to upgrade the existing engine ground run up bay. To include— installation of acoustic and blast barriers; drainage infrastructure; high mast lighting; vehicle and pedestrian access routes; and dismantling and decommissioning of the facility following construction of Work No. 2f.

Work No. 2f — Within the area of land shown on the Works Plans as Work No. 2f, works to construct a new engine ground run up bay. To include— relocation and installation of acoustic and blast barriers; drainage infrastructure; high mast lighting; and dismantling and decommissioning of facility following construction of Work No. 2g.

Work No. 2g — Within the area of land shown on the Works Plans as Work No. 2g, works to construct a new engine ground run up bay. To include— relocation and installation of acoustic and blast barriers; drainage infrastructure; and high mast lighting.

Work No. 2h(01) — Within the area of land shown on the Works Plans as Work No. 2h(01), the construction of a new airside drainage corridor to connect into proposed landside drainage infrastructure. To include— pipework and associated drainage infrastructure to serve surface water run-off; inspection chamber construction; oil separator; and below ground surface water attenuation storage facilities.

Work No. 2h(02) — Within the area of land shown on the Works Plans as Work No. 2h(02), the extension of the airside drainage corridor to connect into proposed landside drainage infrastructure. To include— pipework and associated drainage infrastructure to serve surface water run-off; inspection chamber construction; oil separator; and below ground surface water attenuation storage facilities.

Terminal and associated works

Work No. 3a(01)— Within the area of land shown on the Works Plans as Work No. 3a(01), the construction of a new Pier C to Terminal 1 (T1) accessible from existing Pier B to be built on two levels including the construction of an external canopy from the southern end of the new pier.

Work No. 3a(02) — Within the area of land shown on the Works Plans as Work No. 3a(02), works to extend the existing T1 building to its northern side at ground floor level to increase the size of the immigration area.

Work No. 3a(03) — Within the area of land shown on the Works Plans as Work No. 3a(03), works to extend the southern area of existing T1 on two levels to accommodate increased security and check-in facilities at ground floor level and to increase the area of the departure lounge at first floor level.

Work No. 3a(04) — Within the area of land shown on the Works Plans as Work No. 3a(04), works to extend the northern area of the existing T1 at first floor level over the existing airside road system to increase the area of the departure lounge.

Work No. 3a(05) — Within the area of land shown on the Works Plans as Work No. 3a(05), works to expand the area of the existing baggage hall within T1.

Work No. 3b(01) — Within the area of land shown on the Works Plans as Work No. 3b(01), the construction of an airport terminal building (T2) to include provision for landside access by light train system (Work No. 3g), a new road system (Works Nos. 6b and 6c), a pedestrian plaza (Work No. 3f) in direct contact with a new apron (Work No. 2a). The terminal buildings to include provision for— building superstructure; check-in hall; passenger security screening; baggage handling system; departure lounge; immigration and customs facilities; food kiosks, cafes, restaurants and retail units; support accommodation and operational areas for terminal management and welfare facilities for airport staff; and waste handling facilities.

Work No. 3b(02) — Within the area of land shown on the Works Plans as Work No. 3b(02), the construction of an extension to T2 (Work No. 3b(01) in direct contact with Works Nos. 2a and 2b. To include— expansion of passenger and baggage handling facilities; localised internal remodelling; and additional food kiosks, cafes, restaurants, retail and welfare facilities.

Work No. 3c(01) — Within the area of land shown on the Works Plans as Work No. 3c(01), the construction of a pier, connected to the new T2 building (Work No. 3b(01)) and the new apron (Work No. 2a), to serve up to 14 aircraft stands. To include— construction of piled foundations; vehicle and pedestrian access routes and parking areas; vertical circulation nodes to each aircraft stand each with a fixed link bridge connection from pier at upper level; and bridge connection from pier to T2.

Work No. 3c(02) — Within the area of land shown on the Works Plans as Work No. 3c(02), the construction of a pier, connected to the new T2 building (Work No. 3b(02)) and the new apron (Work No. 2b), to serve up to 14 aircraft stands. To include— construction of piled foundations; vehicle and pedestrian access routes and parking areas; vertical circulation nodes to each aircraft stand each with a fixed link bridge connection from pier at upper level; and two storey bridge connection from pier to T2.

Work No. 3d — Within the area of land shown on the Works Plans as Work No. 3d, the construction of a new coach station to connect with airport operational roads (Work No. 6c(02)). To include— drainage works; construction of a canopy; hard and soft landscaping; wayfinding features; and fixtures, fittings and equipment.

Work No. 3e(01) — Within the area of land shown on the Works Plans as Work No. 3e(01), the construction of a passenger drop off zone to connect with airport operational roads (Work No. 6c). To include— drainage works; hard and soft landscaping; and parking entry and exit gates, internal roads and parking areas.

Work No. 3e(02) — Within the area of land shown on the Works Plans as Work No. 3e(02), the construction of a passenger drop off zone to connect with airport operational roads (Work No. 6c). To include— drainage works; road access security features; hard and soft landscaping; and parking entry and exit gates, internal roads and parking areas.

Work No. 3f — Within the area of land described shown on the Works Plans as Work No. 3f, the construction of a pedestrianised plaza to the landside part of T2 (Work No. 3b(01)). To include— drainage works; security features and structures; hard and soft landscaping; wayfinding features; and street furniture and lighting.

Work No. 3g — Within the area of land shown on the Works Plans as Work No. 3g, the extension of the Luton DART light rail system connecting T1 with the T2 along with the construction of a new Luton DART station at T2. To include— construction of a tunnel; construction of T2 station box; T2 station fit out works; and modifications to T1 Station, including platform screen doors and relocation of transport system maintenance area to T2 station.

Work No. 3h — Within the area of land shown on the Works Plans as Work No. 3h, the construction of buildings and other infrastructure supporting the function and operation of T2. To include— service yard including loading bays and segregated waste bailing/compaction/storage; hard and soft landscaping; safeguarded parking zone; and energy centre, centralised facility for T2 heating and cooling plant outside the operational envelope of the terminal.

Work No. 3i —Within the area of land shown on the Works Plans as Work No. 3i, the construction of airport operations and maintenance buildings supporting the airport including but not limited to a security gatehouse, airside operations facility, ground support equipment maintenance area and airside vehicle maintenance area. To include— drainage system; hard and soft landscaping; external vehicle/pedestrian access and circulation work; security systems, including boundary fencing; warehouse type buildings; internal workshops, management and welfare facilities; controlled access operational parking; and loading bays.

Airport support facilities

Work No. 4a — Within the area of land shown on the Works Plans as Work No. 4a, the construction of a hotel. To include— external vehicle/pedestrian access and circulation work; service yard access for deliveries, loading dock, maintenance access and segregated waste bailing/compaction/storage; hard and soft landscaping; dedicated sprinkler tank and fire suppression system; and controlled access parking provision for hotel residents/staff.

Work No. 4b — Within the area of land shown on the Works Plans as Work No. 4b, the construction of up to two hangars. To include— external vehicle/pedestrian access routes; hard and soft landscaping; fire suppression system and dedicated water tank; and controlled access internal parking.

Work No. 4c(01) — Within the area of land shown on the Works Plans as Work No. 4c(01), the construction of fuel storage and distribution facilities to connect to Work No. 4c(02), and a distribution system that will extend to the apron area (Work Nos. 2b(03) and 2c(01)). To include— installation of fuel storage tanks and associated pipework; fuel pipework between the new storage facilities and the existing storage facility; bund walls; drainage and foul infrastructure; lighting; firefighting facilities and water storage tank; vehicle and pedestrian access routes, parking areas; security fencing, gates and monitoring systems; and ancillary buildings.

Work No. 4c(02) — Within the area of land shown on the Works Plans as Work No. 4c(02), the construction of a new fuel pipeline providing a fuel pipe connection between the fuel storage facility (Work No.4c(01)), national fuel delivery pipeline, and existing storage facility. To include— earthworks to resolve site levels; pipework monitoring systems; fuel pumps; landscaping; security fencing, gates and monitoring systems; and vehicle access track from highway to provide access and parking and loading area adjacent to national pipeline connection.

Work No. 4d — Within the area of land shown on the Works Plans as Work No. 4d, the construction of a new water treatment plant. To include— primary, biological, secondary and final treatment; facilities for processing and storage of sludge; odour control plant; and soft landscaping.

Work No. 4e— Within the area of land shown on the Works Plans as Work No. 4e, the construction of a solar energy battery storage facility. To include— drainage and foul infrastructure; firefighting facilities; lighting; vehicle and pedestrian access routes; parking areas; security fencing, gates and monitoring systems; and ancillary buildings.

Work No. 4f— Within the area of land shown on the Works Plans as Work No. 4f, the construction of airside security and access including the construction of a vehicle control point facility and associated power, communications, potable water and foul drainage connections.

Work No. 4g — Car Park P1. Within the area of land shown on the Works Plans as Work No. 4g, the construction of Car Park P1 being a multi-storey car park to provide up to approximately 1000 parking spaces. To include— drainage works including interceptor tanks; vehicle connection with highway; vehicular and pedestrian access and circulation routes; parking entry and exit gates; ticket machines; firefighting system, dry risers and provision for fire tender access; general and emergency lighting; statutory and wayfinding signage; solar energy production, storage, and distribution provision; and security systems.

Work No. 4h — Car Park P2. Within the area of land shown on the Works Plans as Work No. 4h, the construction of Car Park P2 being a surface car park to provide up to approximately 470 parking spaces. To include— car park surfacing; drainage works including interceptor tanks; vehicle connection with highway; vehicular and pedestrian access and circulation routes; parking entry and exit gates; ticket machines; general and emergency lighting; statutory and wayfinding signage; solar energy production, storage, and distribution provision; and security systems.

Work No. 4i — Car Park P3. Within the area of land shown on the Works Plans as Work No. 4i, works to modify the existing Airport Car Park (as a result of Work No. 6a) with realignment of the roadside perimeter fence and circulation road. To include— car park surfacing; statutory and wayfinding signage; and general and emergency lighting.

Work No. 4j —Car Park P4. Within the area of land shown on the Works Plans as Work No. 4j, works to reconfigure the existing T1 Multi Storey Car Park 1 to provide additional parking.

Work No. 4k(01) — Car Park P5. Within the area of land shown on the Works Plans as Work No. 4k(01), works to reduce the existing long stay surface car park in area and reconfiguration to provide up to approximately 2450 parking spaces. To include— car park surfacing; statutory and wayfinding signage; hard and soft landscaping; general and emergency lighting.

Work No. 4k(02) — Car Park P5. Within the area of land shown on the Works Plans as Work No. 4k(02), works to reduce the size of the existing long stay surface car park with the construction of a single storey decked car parking area reconfigured to provide up to approximately 1200 parking spaces. To include— drainage works including separator tanks; hard and soft landscaping; vehicle connection with highway; vehicular and pedestrian access and circulation routes; parking entry and exit gates; ticket machines; firefighting system, dry riser provision for fire tender access; general and emergency lighting; statutory and wayfinding signage; solar energy production, storage, and distribution provision; and security systems.

Work No. 4l(01) — Car Park P6. Within the area of land shown on the Works Plans as Work No. 4l(01), works to construct a new temporary surface car park to provide up to approximately 1,250 car parking spaces including works to remove the temporary car park, hard and soft landscaped areas, signage, and surface treatments.

Work No. 4l(02) — Car Park P6. Within the area of land shown on the Works Plans as Work No. 4l(02), works to reconfigure and extend the temporary surface car park (Work No. 4l(01)) to provide up to approximately 1,620 car parking spaces including works to remove the temporary car park, hard and soft landscaped areas, signage, and surface treatments.

Work No. 4m(01) — Car Park P7. Within the area of land shown on the Works Plans as Work No. 4m(01), works to construct a new temporary surface car park to accommodate up to approximately 3,090 cars. including works to remove the temporary car park, hard and soft landscaped areas, signage, and surface treatments.

Work No. 4m(02) — Car Park P7. Within the area of land shown on the Works Plans as Work No. 4m(02), works to reduce the temporary surface car park (Work No. 4m(01)) to accommodate up to approximately 1,230 cars including works to remove the temporary surface car park, hard and soft landscaped areas, signage, and surface treatments.

Work No. 4n — Car Park P8. Within the area of land shown on the Works Plans as Work No. 4n, works to construct a temporary surface car park to accommodate up to approximately 600 cars including works to remove the temporary car park, hard and soft landscaped areas, signage, and surface treatments.

Work No. 4o(01) — Car Park P9. Within the area of land shown on the Works Plans as Work No. 4o(01), works to reconfigure the existing staff car park and conversion of existing car hire facility into car parking to provide up to approximately 1,075 surface car parking spaces, hard and soft landscaped areas, signage, and surface treatments.

Work No. 4o(02) — Car Park P9. Within the area of land shown on the Works Plans as Work No. 4o(02), works to redevelop the area of existing car park not required for the construction of Work No. 6a(02), including the provision of new decked car park with roofing or canopies above the upper deck, to support photovoltaic panels, to accommodate up to approximately 1,200 car parking spaces, hard and soft landscaped areas, signage, and surface treatments.

Work No. 4p(01) — Car Park P10. Within the area of land shown on the Works Plans as Work No. 4p(01), works to construct a new car park to accommodate approximately 1,150 cars including hard and soft landscaped areas, signage, and surface treatments.

Work No. 4p(02) — Car Park P10. Within the area of land shown on the Works Plans as Work No. 4p(02), works to expand and reconfigure Work No. 4p(01) to accommodate up to approximately 3,165 cars including canopies or roofing above the car park to support photovoltaic panels, and including hard and soft landscaped areas, signage, surface treatments and welfare building.

Work No. 4q(01) — Car Park P11. Within the area of land shown on the Works Plans as Work No. 4q(01), works to construct a new surface level car park to accommodate up to approximately 2,700 cars, including canopies or roofing above the car park to support photovoltaic panels, hard and soft landscaped areas, signage, below ground surface water storage tank and surface treatments.

Work No. 4q(02)— Car Park P11. Within the area of land shown on the Works Plans as Work No. 4q(02), works to expand Work No. 4q(01) to accommodate up to approximately 5,350 cars including canopies or roofing above the car park to support photovoltaic panels, hard and soft landscaped areas, signage, surface treatments and welfare building.

Work No. 4r — Car Park P12. Within the area of land shown on the Works Plans as Work No. 4r, works to construct a new multi-storey car park to accommodate up to approximately 2,225 cars including photovoltaic panels on roof or canopy over upper level, hard and soft landscaped areas, signage, and surface treatments and provision for canopies/roofing.

Work No. 4s — Airport Access Road car parking replacement provision. Within the area of land shown on the Works Plans as Work No. 4s, works to construct a temporary car park to accommodate up to approximately 80 car spaces to provide replacement car parking for spaces affected by the construction of Work No. 6a(02) including works to remove the temporary car park, including signage and surface treatments.

Work No. 4t(01) — Airport Access Road permanent car parking replacement provision. Within the area of land shown on the Works Plans as Work No. 4t(01), works to construct a new surface level car park to accommodate up to approximately 25 car spaces to provide replacement car parking for spaces affected by the construction of Work No. 6a(02), to include both hard and soft landscaped areas, signage, and surface treatments.

Work No. 4t(02) — Airport Access Road permanent car parking replacement provision. Within the area of land shown on the Works Plans as Work No. 4t(02), works to construct three new surface level car parks including associated access roads to accommodate up to approximately 275 car spaces to provide replacement car parking for spaces affected by the construction of Work No. 6a(02), to include both hard and soft landscaped areas, signage, and surface treatments.

Work No. 4t(03) — Airport Access Road permanent car parking replacement provision. Within the area of land shown on the Works Plans as Work No. 4t(03), works to construct a new surface level car park to accommodate up to approximately 25 car spaces to provide replacement car parking for spaces affected by the construction of Work No. 6a(02), to include both hard and soft landscaped areas, signage, and surface treatments.

Work No. 4t(04) — Airport Access Road permanent car parking replacement provision. Within the area of land shown on the Works Plans as Work No. 4t(04), works to re-provide replacement car parking spaces through amendments to areas of landscaping and existing parking areas for spaces affected by the construction of Work No. 6a(02), to include both hard and soft landscaped areas, signage, and surface treatments.

Work No. 4t(05) — Airport Access Road permanent car parking replacement provision. Within the area of land shown on the Works Plans as Work No. 4t(05), works to construct a new surface level car park to accommodate up to approximately 90 car spaces to provide replacement car parking for spaces affected by the construction of Work No. 6a(02), to include both hard and soft landscaped areas, signage, and surface treatments.

Work No. 4t(06) — Airport Access Road permanent car parking replacement provision. Within the area of land shown on the Works Plans as Work No. 4t(06), works to construct a new surface level car park to accommodate up to approximately 120 car spaces to provide replacement car parking for spaces affected by the construction of Work No. 6a(02), to include both hard and soft landscaped areas, signage, and surface treatments.

Work No. 4u — Within the area of land shown on the Works Plans as Work No. 4u, works to construct a new police station and compound.

Work No. 4v — Within the area of land shown on the Works Plans as Work No. 4v, works to construct two underground infiltration tanks and a storage tank.

Work No. 4w — Within the area of land shown on the Works Plans as Work No. 4w, works to construct a new primary substation, including a hardstanding area, erection of a perimeter fence and construction of an access track for maintenance.

Work No. 4x — Within the area of land shown on the Works Plans as Work No. 4x, works to construct a second primary substation, including a hardstanding area, erection of a perimeter fence and construction of an access track for maintenance.

Landscaping and mitigation

Work No. 5a — Terminal Approach and related development. Within the area of land shown on the Works Plans as Work No. 5a, the provision of structural landscaping to include— soft landscaping; erection of boundary treatments (including fencing); hard landscape finishes to roads and footpaths; and installation of street furniture and signage.

Work No. 5b(01) — Enhancements to Wigmore Valley Park. Within the area of land shown on the Works Plans as Work No. 5b(01), the provision of structural landscaping to include— soft landscaping; erection of boundary treatments (including fencing); earthworks for the creation of screening bunds; installation of habitat creation measures; hard landscape finishes and other improvements to footpaths and multi-use tracks; installation of street furniture and signage; and play facilities and skate park.

Work No. 5b(02) — Replacement Open Space. Within the area of land shown on the Works Plans as Work No. 5b(02), the provision of structural landscaping to include— soft landscaping; erection of boundary treatments including fencing; earthworks for the creation of screening bunds; installation of habitat creation measures; hard landscape finishes and other improvements to footpaths and multi-use tracks; and installation of street furniture and signage.

Work No. 5b(03) — Replacement Open Space. Within the area of land shown on the Works Plans as Work No. 5b(03), the creation of a new public right of way (footpath), 140m in length, linking the northern end of Footpath 38 (FP38) with the north-western extent of Footpath 43 (FP43).

Work No. 5b(04) — Replacement Open Space. Within the area of land shown on the Works Plans as Work No. 5b(04), the creation of a new public right of way (multi-use bridleway), 1040m in length, connecting Footpath 43 (FP43) to Winch Hill Road.

Work No. 5b(05) — Replacement Open Space. Within the area of land shown on the Works Plans as Work No. 5b(05), the creation of a new public right of way (multi-use bridleway), 400m in length, connecting Bridleway 52 (BW52) with Footpath 41 (FP41) via a new at-grade crossing of Winch Hill Road.

Work No. 5b(06) — Replacement Open Space. Within the area of land shown on the Works Plans as Work No. 5b(06), the upgrading of Footpath FP41 to a bridleway, from its western extent at the junction with Eaton Green Road and FP43, to the intersection of the new length of bridleway forming Work No. 5b(05) leading south-east to Winch Hill Road.

Work No. 5b(07) — Replacement Open Space. Within the area of land shown on the Works Plans as Work No. 5b(07), the upgrading of Footpath FP43 to bridleway, from its western extent at the junction with Eaton Green Road and FP41, to the intersection of the new bridleway forming Work No. 5b(04) leading south-east to Winch Hill Road.

Work No. 5c(01) — Landscape Restoration Area. Within the area of land shown on the Works Plans as Work No. 5c(01), the provision of structural landscaping to include— soft landscaping; erection of boundary treatments including fencing; installation of signage; and hard landscape finishes to access.

Work No. 5c(02) — Landscape Restoration Area. Within the area of land shown on the Works Plans as Work No. 5c(02), the provision of structural landscaping to include— soft landscaping; erection of boundary treatments including fencing; installation of signage; and hard landscape finishes to access.

Work No. 5d(01) — Habitat Creation Area. Within the area of land shown on the Works Plans as Work No. 5d(01), the provision of structural landscaping to include— soft landscaping; erection of boundary treatments including fencing; installation of signage; and hard landscape finishes to footpaths and access.

Work No. 5d(02) — Habitat Creation Area. Within the area of land shown on the Works Plans as Work No. 5d(02), the provision of structural landscaping to include— soft landscaping; erection of boundary treatments including fencing; installation of signage; and hard landscape finishes to footpaths and access.

Work No. 5e — Off-site Hedgerow Restoration and Screening. Within the area of land shown on the Works Plans as Work No. 5e, the provision of structural landscaping. To include— soft landscaping; and erection of boundary treatments including fencing.

Airport Access Road and Offsite Highway Works

Within the area of land shown on the Works Plans as Work No. 6—

Airport Access Road

Work No. 6a(01) — Airport Access Road. To include improvements and reconfiguration of the roundabout junction between the A1081 New Airport Way, Airport Way and Percival Way to create a four-arm signalised junction.

Work No. 6a(02) — Airport Access Road. To include— a new dual carriageway link road which connects to the A1081 New Airport Way via a new three-arm signalised junction to the immediate west of Work. No. 6a(01). The alignment of the road runs north from the A1081, to a new three-arm roundabout adjacent to Provost Way, the alignment continues south as a short length of dual-carriageway, then connects to the existing alignment of Percival Way via a new three-arm roundabout; minor amendments to kerb lines and road markings on Percival Way, between Provost Way and Frank Lester Way; amendments to Frank Lester Way to make the road one-way in a northbound direction between Percival Way and Eaton Green Road; a dual carriageway link between Frank Lester Way and a four-arm roundabout at the junction with President Way, to provide access to a retained length of President Way; a dual-carriageway link to the east of the new four arm roundabout with President Way, which continues east for a distance of 200m, to a four-arm signalised junction to give access to T2; to the east of the four-arm signalised T2 access junction, the road continues east to a four arm roundabout, which provides access to the Green Horizons Park development, and airport operational areas; minor amendments are proposed to the junction in Work No. 6a(01) in order to accommodate the new dual carriageway alignment; and works to reconfigure access to the existing local civic amenity recycling centre and to close the existing access.

Work No. 6a(03) —Airport Access Road and link road. To include— a new section of dual-carriageway road to connect the eastern and western lengths of dual-carriageway (Work No. 6a(02)); amendments to the length of Percival Way between Provost Way and Frank Lester Way, together with a new section of dual-carriageway to tie into the works delivered in Work No. 6a(02); replacement of a three-arm roundabout along the proposed dual-carriageway to the west of Provost Way with a four-arm signalised crossroads; and a realigned link road connects the new signalised junction with the retained section of Percival Way, with a dedicated access to areas of parking and businesses to the north of the proposed junction.

Airport Public Roads

Work No. 6b(01) — Within the area of land shown on the Works Plans as Work No. 6b(01), works to modify and extend the existing long stay car park access roads as a two-lane single carriageway.

Work No. 6b(02) — Within the area of land shown on the Works Plans as Work No. 6b(02), the provision of a dual carriageway to provide access to T2. The road which continues east to the excavated area is initially formed of a length of dual carriageway over a length of 75m, before joining a four-arm roundabout. East of the roundabout the carriageway continues as a two-lane single carriageway as it travels towards Work No. 4c(01) (Fuel Storage Facility) and Work No. 4d (Water Treatment Plant).

Work No. 6b(03) — Within the area of land shown on the Works Plans as Work No. 6b(03), works to realign and widen the section of highway which leads into the excavated area providing additional access to Car Park P11 (Work No. 4q(02) and Car Park P10 (Work No. 4p(02)).

Airport Operational Roads

Work No. 6c(01) —Within the area of land shown on the Works Plans as Work No. 6c(01), works to operational airport roads around the stands and the terminal, and roads around the perimeter of the airfield. These roads consist of: inter-stand roadways, head of stand roads, access roads on either side of T2 to access the baggage hall, a road to the vehicle control point east of the terminal, a road from the engine run up bay (ERUB) to the east to connect the apron roads to the airfield perimeter track and part of the perimeter track to west of the airport to be realigned due to the new runway link.

Work No. 6c(02) —Within the area of land shown on the Works Plans as Work No. 6c(02), works to the operational airport roads around the new stands and airfield perimeter track consisting of inter-stand roadways, head of stand roads, a road to the ERUB and beyond to connect with the airfield perimeter track.

Work No. 6c(03) — Within the area of land shown on the Works Plans as Work No. 6c(03), works to the operational airport roads around the new stands and airfield perimeter track consisting of inter-stand roadways, head of stand roads, a road to the ERUB and beyond to connect with the airfield perimeter track.

Work No. 6d — Within the area of land shown on the Works Plans as Work No. 6d, works to Airport Road adjacent to Winch Hill Lane and barriered junction to fuel pipeline access road, including hard and soft landscaping.

Offsite Highway Works

Work No. 6e — Within the area of land shown on the Works Plans as Work No. 6e, various offsite highway works, including works to— Windmill Road and Kimpton Road, including the removal of the mini-roundabout and replacement with a signalised junction and realignment and widening of Windmill Road and Kimpton Road; A1081 New Airport Way, B653 and Gipsy Lane. To include, the realignment and widening of the A1081 New Airport Way (to provide additional traffic lanes), the realignment and widening of the A505 Gipsy Lane (to provide additional traffic lanes), the reshaping of the A1081 New Airport Way central reserve islands including the realignment of barriers, the replacement or relocation of signage, lighting and gantries, the reprovision of cycle lanes, the reprovision of roadside barriers, and the reshaping of the A505 Gipsy Lane splitter island; A1081 New Airport Way, A505 Kimpton Road and Vauxhall Way, including the construction of a give-way left turn lane into A505 Kimpton Road; Eaton Green Road and Lalleford Road, including the removal of the existing mini-roundabout junction and conversion to a signalised junction and localised realignment of the carriageway; Wigmore Lane and Crawley Green Road. To include works to— the Junction of Wigmore and Crawley Green Road, including the removal of the existing roundabout junction and conversion to a signalised junction, the provision of signalised pedestrian crossings, the provision of give-way left-turn flares and the realignment and widening of the carriageway; Wigmore Lane, including the realignment and widening of a lane and removal of a bus stop layby; and the junction of Wigmore Lane and Raynham Way, including the removal of the existing roundabout junction and conversion to a signalised junction, the provision of signalised pedestrian crossing and the realignment and widening of the carriageway; Eaton Green Road and Wigmore Lane, including works to the junction of Wigmore Lane and existing Asda, the removal of the existing roundabout junction and conversion to a signalised junction the provision of signalised pedestrian crossings and the realignment and widening of the carriageway; A1081/London Road (North), including, realignment and widening to the east side of the roundabout circulatory carriageway, partial signalisation of the roundabout, on the Newlands Park and southern arms and amendments to road marking; A1081/London Road (South), including partial signalisation of the existing roundabout and associated works, provision of a maintenance bay and road marking amendments; Windmill Road/Manor Road/St. Mary’s Road/Crawley Green Road, including realignment and widening of St. Mary’s Road and Windmill Road, realignment and widening of the circulatory carriageway of the junction, amendments and extensions to various pedestrian subway portals, alterations to existing footways and full signalisation of the roundabout junction; Crawley Green Road/Lalleford Road, including replacement of the mini roundabout with a three-arm signalised junction, minor kerb line amendments along Crawley Green Road and Lalleford Road and amendments to road markings; A602 Park Way/A505 Upper Tilehouse Street, including minor widening to the Park Way/Upper Tilehouse Street roundabout entries, to provide increased lengths of two lane entry and amendments to existing retaining structure and vehicle restraint system; A505 Moormead Hill/B655 Pirton Road/Upper Tilehouse Street, including minor widening and realignment of Upper Tilehouse Street entry to provide an increased length of two lane entry to the existing mini-roundabout; A602 Park Way/Stevenage Road, including minor widening of carriageway and realignment of various kerb lines on A505 Park Way, Hitchin Hill and A602 Stevenage Road to provide increased lengths of two lane entry to the roundabout; M1 J10, including widening to the northbound off-slip to provide a third lane on the approach to the roundabout, provision of gantries, provision of maintenance bay, widening to the western circulatory carriageway to provide four circulating lanes and amendments to the exit from the roundabout onto the A1081, to allow three diverging lanes from the roundabout; M1 J10, including widening to the A1081 westbound carriageway, to provide two segregated left turn lanes, widening to the A1081 westbound carriageway, to provide two segregated left turn lanes onto the M1 southbound on-slip and amendments to road markings on the southbound on-slip to increase capacity; M1 J10, including widening of the western circulatory carriageway to provide five lanes including realignment of the A1081 exit from the roundabout, to enable three lanes to enter the A1081 from the roundabout, removal of the segregated left turn lane from the M1 southbound, and conversion of the junction between the southbound off-slip and roundabout to a signalised junction and provision of two southbound merging lanes to the M1; Eaton Green Road/Frank Lester Way, including replacement of the roundabout with a three-arm signalised junction and minor kerb line amendments along Eaton Green Road and Frank Lester Way (with Frank Lester Way to be made one-way northbound) and amendments to road markings; and A505 Vauxhall Way/Eaton Green Road, including partial signalisation of the roundabout.

Ancillary works

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

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

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

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

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

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

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

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

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

(j) site preparation works, site clearance (including fencing, vegetation removal, demolition of existing structures and the creation of alternative footpaths); earthworks (including soils stripping and storage, site levelling);

(k) the felling of trees and hedgerows;

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

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

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

SCHEDULE 2 — REQUIREMENTS

PART 1 — GENERAL

Interpretation

1

In this Schedule—

“air noise management plan” means the document certified by the Secretary of State as the air noise management plan for the purposes of the Order under article 50 (certification of documents, etc.) and referenced in Schedule 9 (documents to be certified);

“amphibian and reptile mitigation strategy” means Appendix 8.6 of the environmental statement;

“badger mitigation strategy” means Appendix 8.7 of the environmental statement;

“bat mitigation strategy” means Appendix 8.8 of the environmental statement;

“begin” means to carry out any material operation (as defined in section 155 (when development begins) of the 2008 Act) forming part, or carried out for the purposes, of the authorised development;

“bird mitigation strategy” means Appendix 8.9 of the environmental statement;

“business day” means a day other than Saturday or Sunday, which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971[^f00098];

“commence” means carrying out any material operation (as defined in section 155 (when development begins) of the 2008 Act) forming part, or carried out for the purposes, of the authorised development other than operations consisting of— remedial work in respect of any contamination or adverse ground conditions (excluding works carried out as part of Work No. 1b (landfill remediation works)); environmental (including archaeological) surveys and investigation; site or soil surveys; erection of fencing to site boundaries or marking out of site boundaries; installation of barrier or demarcation fencing to protect required areas of habitats or species; the diversion or laying of services; ecological mitigation measures; receipt and erection of construction plant and equipment; erection of temporary buildings and structures; site preparation and site clearance (excluding works carried out as part of Work No. 1a (earthworks)); and the temporary display of site notices or information, and “commencement” and “commenced” are to be construed accordingly;

“cultural heritage management plan” means Appendix 10.6 of the environmental statement;

“design principles” means the document certified by the Secretary of State as the design principles for the purposes of the Order under article 50 and referenced in Schedule 9;

“discharging authority” means the authority from whom a consent, approval or agreement, referred to in Part 1, Part 2 or Part 4 of this Schedule, is required or requested by the undertaker;

“drainage design statement” means Appendix 20.4 of the environmental statement;

“ecological mitigation strategies” means together the badger mitigation strategy, the bat mitigation strategy, the bird mitigation strategy, the amphibian and reptile and amphibian mitigation strategy and the orchid and invertebrate mitigation strategy;

“ESG” means the Environmental Scrutiny Group, the independent group established by paragraph 21 in Part 3 of this Schedule whose functions are relevant to any matter under this Schedule and any approval or agreement required by the ESG under this Schedule is to be construed accordingly;

“European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017[^f00099];

“exempt flights” means unplanned air transport movements which do not carry commercial passengers, which includes but is not restricted to— flights operated by relief organisations for humanitarian reasons; flights operated by the armed forces for military purposes; or flights which otherwise qualify under a particular occasion or series of occasions which are to be disregarded pursuant to a notice published by the Secretary of State under section 78(4) or 78(5)(f) (regulation of noise and vibration from aircraft) of the Civil Aviation Act 1982[^f00100] or set out in guidance published by the Secretary of State in connection with those provisions;

“fixed plant noise management plan” means Appendix 16.3 of the environmental statement;

“framework travel plan” means the document certified by the Secretary of State as the framework travel plan for the purposes of the Order under article 50 and referenced in Schedule 9;

“infant” means a person under the age of two years;

“landscaping mitigation” means all the work numbers listed under Work No. 5, hard and soft landscaping identified in individual work numbers in the landscaping and mitigation section of Schedule 1 to the Order and areas identified in Figures 14.10 to 14.13 inclusive in Chapter 14 Landscape and Visual Figures of the environmental statement;

“light obtrusion assessment” means Part A and B in Appendix 5.2 of the environmental statement;

“nationally protected species” means any species protected under the Wildlife and Countryside Act 1981[^f00101];

“orchid and invertebrate mitigation strategy” means Appendix 8.10 of the environmental statement;

“outline construction traffic management plan” means Appendix 18.3 of the environmental statement;

“outline construction workers travel plan” means Appendix 18.4 of the environmental statement;

“outline foundation works risk assessment” means Appendix 17.6 of the environmental statement;

“outline greenhouse gas action plan” means Appendix 12.1 of the environmental statement;

“outline ground noise management plan” means the document certified by the Secretary of State as the outline ground noise management plan for the purposes of the Order under article 50 and referenced in Schedule 9;

“outline landscape and biodiversity management plan” means Appendix 8.2 of the environmental statement;

“outline operational air quality plan” means Appendix 7.5 of the environmental statement;

“outline operational waste management plan” means Appendix 19.2 of the environmental statement;

“outline remediation strategy (for the former Eaton Green Landfill site)” means Appendix 17.5 of the environmental statement;

“outline site waste management plan” means Appendix 19.1 of the environmental statement;

“outline soil management plan” means Appendix 6.6 of the environmental statement;

“outline transport related impacts monitoring and mitigation approach” means the document certified by the Secretary of State as the outline transport related impacts monitoring and mitigation approach for the purposes of the Order under article 50 and referenced in Schedule 9;

“passengers” means commercial airline passengers and general aviation passengers, but excluding infants, passengers on diverted planes and passengers on exempt flights;

“passengers per annum” means passengers per calendar year; and

“relevant sewerage undertaker” means Thames Water Utilities Limited (company number 02366623, whose registered office is at Clearwater Court, Vastern Road, Reading, Berkshire, RG1 8DB) and any successor to it as a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991;

“relevant water undertaker” means Affinity Water Limited (company number 02546950, whose registered office is at Tamblin Way, Hatfield, Hertfordshire, AL10 9EZ) and Thames Water Utilities Limited (company number 02366623, whose registered office is at Clearwater Court, Vastern Road, Reading, Berkshire, RG1 8DB) and any successor to them as a water undertaker within the meaning of the Water Industry Act 1991;

“specified authorities” means Central Bedfordshire Council, Dacorum Borough Council, Hertfordshire County Council, Luton Borough Council and North Hertfordshire District Council, but excluding any of those authorities where they are the discharging authority;

“strategic landscape masterplan” means the document certified by the Secretary of State as the strategic landscape masterplan for the purposes of the Order under article 50 and referenced in Schedule 9;

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

“sustainable transport fund” means the document certified by the Secretary of State as the sustainable transport fund for the purposes of the Order under article 50 and referenced in Schedule 9.

Amendments to approved details

2

(1) The undertaker may apply to Luton Borough Council for approval to amend—

(a) the air noise management plan;

(b) the design principles;

(d) the cultural heritage management plan;

(e) the fixed plant noise management plan; and

(f) the sustainable transport fund.

(2) Prior to approving an application under sub-paragraph (1), Luton Borough Council must consult the specified authorities on the proposed amendment of a plan, document or parameters referred to under sub-paragraph (1) and in relation to sub-paragraph (1)(b) the Environment Agency and water and sewage undertakers and in relation to t sub-paragraph (1)(f) National Highways and Buckinghamshire Council.

(3) Where any plans, details or scheme requires approval by the relevant planning authority or the relevant highway authority in accordance with any paragraph in Part 2 or Part 4 of this Schedule—

(a) the undertaker may apply to that authority for approval to amend that plan, detail or scheme; and

(b) where the paragraph specifies that consultation with a consultee is required, that consultee must be consulted by the discharging authority on the proposed amendment of that plan, detail or scheme, prior to any approval being given.

(4) On approval of an application under sub-paragraphs (1) or (3), those documents, plans, details, schemes or parameters are to be taken to include the amendments approved by the discharging authority in accordance with those sub-paragraphs.

(5) Approval under sub-paragraphs (1) or (3) must not be given except where it has been demonstrated to the satisfaction of the discharging authority that the subject matter of the approval sought would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(6) Any application under sub-paragraphs (1) or (3) must include—

(a) a document identifying the specific amendments being sought to the approved details; and

(b) such information as is adequate and reasonable to inform the discharging authority’s consideration under sub-paragraph (5) as to whether the amendment gives rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Anticipatory steps towards compliance with any requirement

3

If before the coming into force of this Order the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of Parts 2, 3 or 4 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

PART 2 — REQUIREMENTS PERTAINING TO CONSTRUCTION

Time limits

4

The authorised development must begin no later than the expiration of 5 years beginning with the date that this Order comes into force.

Phasing of authorised development

5

(1) The authorised development must not commence until a written scheme setting out the planned phases for construction of the authorised development has been submitted to and approved in writing by Luton Borough Council, in consultation with the specified authorities, Buckinghamshire Council and National Highways.

(2) The written scheme submitted under sub-paragraph (1) must be substantially in accordance with the phases shown on the scheme layout plans, except that this does not prevent the incremental delivery of parts of the authorised development within those phases nor require the delivery of a part within in a specific phase, provided this does not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(3) The undertaker must undertake a review of, and make any necessary updates to, the written scheme no later than five years from the date the development is commenced, or sooner where a substantial change to the stages of construction is anticipated, and no later than every five years thereafter until construction of the authorised development is completed.

(4) The updated written scheme under sub-paragraph (3) must be submitted to and approved in writing by Luton Borough Council, in consultation with the specified authorities, Buckinghamshire Council and National Highways.

(5) The authorised development shall be carried out in accordance with the details approved unless otherwise agreed in writing by Luton Borough Council.

(6) In this paragraph “written scheme” means a scheme which—

(a) identifies, with reference to the Schedule 1 works, the parts of the authorised development that are planned to be constructed within each phase;

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

(c) includes an indicative construction programme for the next five-year period, and provides indicative timings for later phases.

Detailed design

6

(1) No part of the authorised development is to commence until an application containing the detailed design of that part has been submitted to and approved in writing by the relevant planning authority.

(2) The application referred to in sub-paragraph (1) must include the following details—

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