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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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Reform history JSON API
  • 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;
  • (c) ramps, means of access, non-motorised links, footpaths, footways, bridleways, cycle tracks and crossing facilities;
  • (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 197198;
  • “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 201799;
  • “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 1982100 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 1981101;
  • “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;
  • (c) the code of construction practice;
  • (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—
  • (a) plans, sections and supporting information showing the detailed layout, siting, scale, levels (including where relevant finished floor levels) and external appearance of any buildings, structure and other works;
  • (b) identification of the specific Schedule 1 works (or part of works), including the components described in those works, which comprise the part of the authorised development for which the detailed design approval is being sought;
  • (c) for any works within the airport—
  • (i) a plan which identifies the location and extent of the specific Schedule 1 works in relation to the scheme layout plans, and identifies any other parts of the scheme layout plans for which an approval under sub-paragraph (1) has already been obtained; and
  • (ii) a statement identifying the current passenger throughput of the airport, in million passengers per annum, and an indicative estimate of the amount of any passenger throughput increase, if any, expected to be facilitated by implementation of that part of the authorised development and the indicative timescales for realising that increase in throughput;
  • (d) information to demonstrate that the works comply with the dimensions and levels contained in the table in paragraph 7 (parameters of authorised development) of this Schedule, where applicable;
  • (e) in respect of Works Nos. 3b(01), 3b(02), 3d, 3f, 3g and 4a, a report setting out—
  • (i) the design approach;
  • (ii) how the design principles have been incorporated into the final design; and
  • (iii) how the output of the design review process has been taken into account in the design presented for approval;
  • (f) an indicative programme for the implementation of the works;
  • (g) an operational lighting scheme for any building, structure or other works for that part, including detailed measures to prevent light spillage, incorporating the principles and mitigation measures contained in part A of the light obtrusion assessment, and in accordance with the exterior lighting strategy contained in part B of the light obtrusion assessment; and
  • (h) a detailed glint and glare assessment in respect of any part comprising solar energy production or canopies to support photovoltaic panels.
  • (3) The detailed design referred to in sub-paragraph (1)—
  • (a) is to be in accordance with the design principles;
  • (b) is to be within the limits shown on the works plans, subject to article 6(3) (limits of works);
  • (c) is to be within any relevant parameters set out in paragraph 7 (parameters of authorised development) of this Schedule, subject to paragraph 2(1)(g); and
  • (d) is not to give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.
  • (4) The authorised development must be carried out in accordance with the details approved under sub-paragraph (1).
  • (5) The undertaker must provide the relevant planning authority with—
  • (a) written notice of commencement of the part of the authorised development approved under sub-paragraph (1); and
  • (b) written notice of completion of that part of the authorised development as soon as reasonably practicable after that completion.

Parameters of authorised development

7

The elements of the authorised development listed in columns (1) and (2) of the table below must not exceed the maximum dimensions and levels (as applicable) set out in relation to that element in columns (3) to (6) of that table.

(1) Element of authorised development (2) Work No. (3) Maximum building height (metres) (4) Maximum parameter height (metres AOD) (5) Maximum work area (m²) (6) Maximum volume in m³) (7) Notes
Airfield equipment – Surface Movement Radar 2a(02) 14.3 176.2 5,017 7,508 N/A
New Airfield Equipment Instrument Runway Visual Range (IRVR) 2b(02) 3.3 163.7 37,300 123,090 N/A
Fire Training Ground 2d 15.4 177.8 87,346 423,500 N/A
Existing Engine Run Up bay updates 2e 4.4 159.4 16,025 67,320 N/A
Engine Run Up bay 2f 13.2 166.8 12,525 132,000 N/A
Relocated Engine Run Up bay 2g 13.2 166.6 11,512 132,000 N/A
Terminal 1 New Pier C and External Canopy 3a(01) 16.5 173.7 4,133 44,616 N/A
Terminal 1 Immigration extension 3a(02) 9.4 167.6 270 2,525 N/A
Terminal 1 Departure Lounge South extension 3a(03) 18.7 171.1 957 12,155 N/A
Terminal 1 Departure Lounge North extension 3a(04) 9.4 171.4 400 3,740 N/A
Terminal 1 Baggage Hall extension 3a(05) 11.6 164.0 1,104 9,221 N/A
Terminal 2 3b(01) 26.5 180.5 30,470 672,067 N/A
Terminal 2 extension 3b(02) 26.5 180.5 10,635 212,689 N/A
Terminal 2 West Pier 3c(01) 14.4 169.6 15,070 69,364 N/A
Terminal 2 East Pier 3c(02) 14.4 168.5 15,060 69,433 N/A
Coach Station 3d 8.3 161.8 8,675 49,172 N/A
Terminal 2 Plaza 3f 23.7 177.2 5,930 70,950 N/A
Luton DART Terminal 2 Station and Tunnel extension 3g 23.7 177.2 26,790 88,569 Maximum volume relates to above ground areas only and excludes develop-ment beneath surface level
Terminal 2 Support Buildings – Energy Centre 3h 12.8 167.2 11,265 95,983 Maximum work area includes Terminal 2 Support Buildings – Service Yard
Terminal 2 Support Buildings – Service Yard 3h 5.0 159.5 Included in maximum work area for Terminal 2 Support Buildings – Energy Centre 941 N/A
Terminal 2 Support Buildings – Emergency Vehicle Assembly Area 3h 5.0 159.2 4,858 2,047 N/A
Airport Operations and Maintenance 3i 15.2 168.7 22,100 335,478 N/A
Hotel 4a 22.0 175.5 9,441 45,980 N/A
Hangar A and B 4b 27.5 185.0 16,641 316,800 N/A
Fuel Storage Facility 4c(01) 24.2 151.4 83,700 459,800 N/A
Fuel Pipeline – above ground installation 4c(02) 4.6 140.4 8,355 38,600 N/A
Water Treatment Plant 4d 13.9 141.0 6,760 69,994 N/A
Solar Energy Battery 4e 7.2 139.8 5,270 37,681 N/A
Airside Security and Access 4f 5.0 158.0 2,870 545 N/A
Car Park P1 4g 20.4 135.4 14,105 111,588 N/A
Car Park P5 – New Decked Car Park 4k(02) 7.7 163.2 22,536 147,303 N/A
Car Park P9 – New Decked Car Park 4o(02) 7.7 161.6 27,362 163,286 N/A
Car Park P10 – New Long Stay car park 4p(01) 5.0 142.0 28,969 – The maximum building height applies to the PV canopies, bus shelters and barriers within this work.
Car Park P10 – Reconfiguration of New Long Stay Car Park 4p(02) 5.0 135.0 71,410 2,005 The maximum building volume applies to the welfare buildings within this work.
Car Park 11 – New Long Stay Car Park 4q(01) 5.0 137.0 45,045 2,797 The maximum building volume applies to the welfare buildings within this work.
Car Park P11 – Expanded Long Stay Car Park 4q(02) 5.0 137.0 51,789 644 The maximum building volume applies to the welfare buildings within this work.
Car Park P12 – New Terminal 2 Multi Storey Car Park 4r 17.1 170.6 25,070 315,205 N/A
Police Station 4u 12.1 173.5 6,780 14,520 N/A
Substation 4w 7.6 162.0 4,005 9,222 N/A
Substation 4x 7.6 162.1 3,600 12,144 N/A

Code of Construction Practice

8
  • (1) The authorised development must be carried out in accordance with the code of construction practice and with the management plans approved under sub-paragraphs (2) and (3).
  • (2) No part of the authorised development may commence until the following management plans have been developed for that part, substantially in accordance with the outlines of those plans referred to or provided in the code of construction practice, and approved in writing by the relevant planning authority in consultation with other consultees that the relevant planning authority consider appropriate—
  • (a) framework materials management plan;
  • (b) carbon efficiency plan;
  • (c) construction surface water management strategy;
  • (d) construction noise and vibration management plan;
  • (e) community engagement plan;
  • (f) emergency plan;
  • (g) pollution incident control plan;
  • (h) dust management plan;
  • (i) site waste management plan (to be substantially in accordance with the outline site waste management plan); and
  • (j) soil management plan (to be substantially in accordance with the outline soil management plan).
  • (3) No part of the authorised development may commence until a construction site lighting plan for that part, substantially in accordance with the lighting measures contained in the code of construction practice, and including detailed measures to minimise light spillage, has been submitted to and approved in writing by the relevant planning authority in consultation with the specified authorities and the relevant highway authority.

Landscaping design

9
  • (1) No part of the authorised development containing landscaping mitigation may commence until for that part a landscaping scheme has been submitted to and approved in writing by the relevant planning authority.
  • (2) The landscaping scheme approved under sub-paragraph (1) must be in accordance with the principles set out in the strategic landscape masterplan and the design principles, and must include details of—
  • (a) location, number, species mix, size and planting density of any proposed planting;
  • (b) cultivation, importing of materials and other operations to ensure plant establishment;
  • (c) existing trees to be retained, with measures for their protection during the construction period;
  • (d) hard landscaping and materials, including colour, boundary treatment, structures and street furniture;
  • (e) a timetable for the implementation of the landscaping works; and
  • (f) any change to existing land levels, including cross sections showing slope profiles and gradients of any permanent earthworks.
  • (3) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards, other recognised codes of good practice and in line with the requirements of any environmental permit applicable to the works.
  • (4) The authorised development must be constructed in accordance with the landscaping scheme approved under sub-paragraph (1) and thereafter maintained in accordance with the relevant landscape and biodiversity management plan for that part approved under paragraph 10.

Landscape and biodiversity management plan

10
  • (1) No part of the authorised development may commence, nor may powers under article 22 (felling, lopping and removal of trees, shrubs and hedgerows) be exercised in relation to that part, until for that part a landscape and biodiversity management plan has been submitted and approved in writing by the relevant planning authority.
  • (2) The landscape and biodiversity management plan approved under sub-paragraph (1) must be substantially in accordance with the outline landscape and biodiversity management plan.
  • (3) The authorised development must be carried out and maintained in accordance with the landscaping and biodiversity management plan referred to in sub-paragraph (1).
  • (4) Any tree or shrub planted as part of a landscaping scheme that, within the specified period after planting, is removed, uprooted, destroyed, dies or becomes in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted unless otherwise agreed in writing with the relevant planning authority.
  • (5) In this paragraph, “specified period” means
  • (a) a period of 30 years in respect of the works implemented under Work No. 5b(01), Work No. 5c(01), Work No. 5c(02), Work No. 5d(01), Work No. 5d(02) and Work No. 5e in Schedule 1 to this Order; and
  • (b) A period of 5 years in all other respects,

or such other period as may be specified in accordance with the landscaping and biodiversity management plan.

Protected species

11
  • (1) No part of the authorised development may commence until for that part final pre-construction survey work has been carried out to establish up to date information, in particular whether a European protected species or a nationally protected species is present on any of the land affected, or likely to be affected, by that part of the authorised development.
  • (2) Where a European protected species or nationally protected species is shown to be present following the pre-construction survey referred to in sub-paragraph (1), the relevant part of the authorised development must not commence until a scheme of mitigation measures, substantially in accordance with the relevant ecological mitigation strategies, has been submitted to and approved by the relevant planning authority following consultation with Natural England or, where appropriate, a protected species licence has been granted by Natural England.
  • (3) The authorised development must be constructed in accordance with the scheme of mitigation measures approved under sub-paragraph (2) or, where relevant, in accordance with the terms of a protected species licence granted by Natural England.

Previously unidentified land contamination and contaminated groundwater

12
  • (1) In the event that land affected by contamination, including groundwater, is found at any time when constructing the authorised development which was not previously identified in the environmental statement, it must be reported as soon as reasonably practicable to the relevant planning authority, the Environment Agency and the relevant water undertaker, and the undertaker must complete a risk assessment of the contamination in consultation with the relevant planning authority, the Environment Agency and the relevant water undertaker.
  • (2) Where the undertaker determines that remediation of the land contamination is necessary consequent to the risk assessment in sub-paragraph (1), a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose must be submitted to and approved in writing by the relevant planning authority, following consultation with the Environment Agency and the relevant water undertaker.
  • (3) Any required and agreed remediation must be carried out in accordance with the scheme approved under sub-paragraph (2).
  • (4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation scheme in sub-paragraph (2) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action must be submitted to and approved in writing by the relevant planning authority, following consultation with the Environment Agency and the relevant water undertaker.
  • (5) The relevant part of the authorised development may not be brought into use until a verification report demonstrating the completion of works set out in the approved remediation scheme and the effectiveness of the remediation will be submitted to, and approved in writing by, the relevant planning authority following consultation with the Environment Agency and the relevant water undertaker.
  • (6) The report referred to in sub-paragraph (5) will include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.

Surface and foul water drainage

13
  • (1) No part of the authorised development may commence until for that part written details of a surface and foul water drainage plan, including means of pollution control and monitoring, have been submitted and approved in writing by the relevant planning authority following consultation with the Environment Agency, the lead local flood authority and the relevant water and sewerage undertakers.
  • (2) The details submitted under sub-paragraph (1) must be in accordance with the drainage principles set out in the design principles, and must include—
  • (a) the specification for the surface and foul water drainage plant, including performance specifications for discharge levels in accordance with paragraph 7.5-7.7 of the drainage design statement;
  • (b) details on the means on long-term monitoring to be carried out; and
  • (c) details on the mitigation measures to be implemented if the performance specifications referred to in sub-paragraph (a) are not met.
  • (3) The authorised development must be carried out in accordance with the details approved under sub-paragraph (1).
  • (4) In paragraph 13(2), “surface and foul water drainage plant” means the surface and foul water drainage plant to be constructed under Work Nos. 4d and 4v, or any other water treatment plant, drainage system and its treatment and discharge, and any other related works to be constructed under the terms of this Order.

Water resources and flood risk assessment

14
  • (1) The undertaker is required to consider the Flood and Coastal Erosion Risk Data published quarterly by the Environment Agency in the water resources and flood risk assessment, in consultation with the Environment Agency and the lead local flood authority.
  • (2) The undertaker is required to carry out the authorised development in accordance with the water resources and flood risk assessment.

Construction traffic management

15
  • (1) No part of the authorised development may commence until a construction traffic management plan for the construction of that part has been submitted to and approved in writing by the relevant planning authority, following consultation with the specified authorities, Buckinghamshire Council and National Highways.
  • (2) The construction traffic management plan submitted under sub-paragraph (1) must be substantially in accordance with the outline construction traffic management plan.
  • (3) The authorised development must be carried out in accordance with the construction traffic management plan referred to in sub-paragraph (1).

Construction workers

16
  • (1) No part of the authorised development may commence until a construction workers travel plan for the construction of that part has been submitted to and approved in writing by the relevant planning authority, following consultation with the specified authorities and Buckinghamshire Council.
  • (2) The construction workers travel plan submitted under sub-paragraph (1) must be substantially in accordance with the outline construction workers travel plan.
  • (3) The authorised development must be carried out in accordance with the construction workers travel plan referred to in sub-paragraph (1).

Archaeological remains

17
  • (1) The authorised development must be carried out in accordance with the cultural heritage management plan and any site-specific written scheme of investigation approved under sub-paragraph (2).
  • (2) Where the cultural heritage management plan provides for the subsequent approval of the relevant planning authority of a site-specific written scheme of investigation for certain specified elements of the authorised development, such parts of the authorised development are not to commence until for the construction of that part a site-specific written scheme for the investigation of areas of archaeological interest, incorporating the details set out in the cultural heritage management plan has been submitted to and approved in writing by the relevant planning authority following consultation, where applicable, with Historic England.
  • (3) A copy of any analysis, reporting, publication or archiving required as part of a written scheme of investigation referred to in sub-paragraph (2) must be deposited with the relevant planning authority within one year of the date of completion of the relevant part of the authorised development to which the site-specific written scheme of investigation relates, or such other period as may be agreed in writing by the relevant planning authority or specified in the written scheme of investigation referred to in sub-paragraph (2).

Remediation of Former Eaton Green Landfill

18
  • (1) No part of the authorised development comprising Work No. 1b may commence until—
  • (a) a remediation strategy;
  • (b) a foundation works risk assessment; and
  • (c) a groundwater, ground gas and leachate monitoring strategy,

for the former Eaton Green Landfill has been submitted to and approved in writing by the relevant planning authority, following consultation with the Environment Agency and the relevant water undertaker.

  • (2) The remediation strategy to be approved under sub-paragraph (1) must be substantially in accordance with the outline remediation strategy (for the former Eaton Green Landfill site).
  • (3) The foundation works risk assessment to be approved under sub-paragraph (1) must be substantially in accordance with the outline foundation works risk assessment.
  • (4) The groundwater, ground gas and leachate monitoring strategy to be approved under sub-paragraph (1) must be substantially in accordance with the outline strategy report for groundwater, ground gas and leachate monitoring strategy.
  • (5) Work No. 1b must be carried out in accordance with the remediation strategy, foundation works risk assessment and ground water, ground gas and leachate monitoring strategy approved under sub-paragraph (1).

PART 3 — REQUIREMENTS PERTAINING TO GREEN CONTROLLED GROWTH

Interpretation

19

In Parts 3 and 6—

  • “airport capacity declaration” means the parameters in relation to hourly runway capacity submitted by the airport operator for slot allocation in accordance with regulation 6 (coordination parameters) of the slots regulations;
  • “competent person” or “competent officer” means a person that has sufficient training and experience or knowledge to undertake monitoring and reporting;
  • “consultation period” means the period of 28 days starting on the date of the provision of the relevant report or plan unless another time period is agreed by the undertaker and the ESG;
  • “council regulation” means Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports as retained (and amended in UK domestic law) under the European Union (Withdrawal) Act 2018;
  • “existing capacity declaration” means— in relation to a summer season, the last airport capacity declaration issued by the airport operator prior to the date of the submission of the Monitoring Report for a summer season; and in relation to a winter season, the last airport capacity declaration issued by the airport operator prior to the date of the submission of the Monitoring Report for a winter season;
  • “existing number of allocated slots” means — in relation to a summer season, the aggregate of the number of slots (in respect of the summer season in the year the Monitoring Report was submitted)— which were eligible for historic precedence at the start of the season together with any slots that became eligible for historic precedence during the season (in each case as determined by the slot co-ordinator for the purposes of Article 8(2) of the council regulation); plus any other slots allocated by the airport operator’s slot co-ordinator; and in relation to a winter season, the aggregate of the number of slots (in respect of the winter season prior to the date the Monitoring Report was submitted)— which were eligible for historic precedence at the start of the season together with any slots that became eligible for historic precedence during the season (in each case as determined by the slot co-ordinator for the purposes of article 8(2) of the council regulation); and any other slots allocated by the airport operator’s slot co-ordinator, in each case, excluding the number of exempt flights in the relevant season;
  • “green controlled growth framework” means the document certified by the Secretary of State as the green controlled growth framework for the purposes of the Order under article 50 and referenced in Schedule 9;
  • “Level 2 Plan” means a plan which sets out— details of any proposed actions which are designed to avoid or prevent exceedances of a Limit; and the proposed programme for the implementation of those actions;
  • “Level 1 Threshold” means, subject to sub-paragraph (2), each of the air quality, noise, greenhouse gas emissions or surface access thresholds of that description identified in the green controlled growth framework;
  • “Level 2 Threshold” means, subject to sub-paragraph (2) and paragraph 20 (exceedance of air quality Level 2 Limit or Threshold) of this Part of this Schedule, each of the air quality, noise, greenhouse gas emissions or surface access thresholds of that description identified in the green controlled growth framework;
  • “Limit” means, subject to sub-paragraph (2) and paragraph 20 (exceedance of air quality Level 2 Limit or Threshold) of this Part of this Schedule, each of the air quality, noise, greenhouse gas emissions or surface access limit of that description identified in the green controlled growth framework;
  • “Mitigation Plan” means a plan which sets out— details of the proposed mitigation and actions which are designed to remove exceedances of a Limit as soon as reasonably practicable; and the proposed programme for the implementation of that mitigation and those actions;
  • “Monitoring Plans” means the following appendices to the green controlled growth framework— appendix C: Aircraft Noise Monitoring Plan; appendix D: Air Quality Monitoring Plan; appendix E: Greenhouse Gases Monitoring Plan; and appendix F: Surface Access Monitoring Plan, or any variations to those plans approved under paragraph 22(5) (monitoring of permitted operations) of this Schedule;
  • “Monitoring Report” means a report submitted to the ESG containing monitoring and assessments, prepared by competent persons, of whether a Level 1 Threshold, Level 2 Threshold, or Limit have been exceeded in accordance with the Monitoring Plan;
  • “slots regulations” means the Airports Slot Allocation Regulations 2006102;
  • “Technical Panel” means a forum of individuals and bodies who are able to provide suitable technical support to the ESG; and
  • “terms of reference” means— for the ESG, the terms of reference in appendix A of the green controlled growth framework and any amendments agreed in accordance with paragraph 21(4) (Environmental Scrutiny Group) of this Schedule; and for each Technical Panel, the terms of reference in appendix B of the green controlled growth framework and any amendments agreed in accordance with paragraph 21(9) (Environmental Scrutiny Group) of this Schedule.
  • (2) References to a Level 1 Threshold, Level 2 Threshold, and Limit are to be construed as references to those thresholds and Limits which may be revised in accordance with the green controlled growth framework and paragraph 26 (review of implementation of this Part) of this Schedule.
  • (3) References to the Civil Aviation 1982, or guidance associated with that Act, are, for the purposes of this Part, to be construed as a reference to those provisions or guidance as amended, substituted or replaced, and with such modifications as are required in those circumstances.
  • (4) The time periods in paragraphs 22 (monitoring of permitted operations), 24 (exceedance of a Level 2 Threshold), 25 (exceedance of a Limit) or 26 (review of implementation of this Part) of this Part apply unless another time period is agreed by the undertaker and the ESG or it is modified in accordance with the process in paragraph 26 (review of implementation of this Part) and references to the time period in those paragraphs are to be construed as references to any agreed or modified time periods.

Exceedance of air quality Level 2 Threshold or Limit

20

For the purposes of this Part, unless otherwise agreed between the undertaker and the ESG, the exceedance of a Level 2 Threshold or Limit relating to air quality requires—

  • (a) an exceedance of the annual average pollutant concentrations in Table 4.3 of the green controlled growth framework; and
  • (b) determination by the undertaker that its contribution to the annual average concentration of a pollutant has increased by at least 5 percentage points above the contributions specified in Table 4.2 of the green controlled growth framework relative to the Limit.

Environmental Scrutiny Group

21
  • (1) The undertaker must establish a body which is hereinafter referred to as the Environmental Scrutiny Group (“ESG”) as soon as reasonably practicable following service of the notice under article 44(1) (interaction with LLAOL planning permission) and in any event no later than 56 days prior to the due date for submission of the first Monitoring Report under paragraph 22 (monitoring of permitted operations) of this Part.
  • (2) The undertaker will request the attendance of the following individuals and competent officers of the following authorities to a meeting held by the ESG—
  • (a) Central Bedfordshire Council;
  • (b) Dacorum Borough Council;
  • (c) Hertfordshire County Council;
  • (d) Luton Borough Council;
  • (e) North Hertfordshire District Council;
  • (f) representation from a slot allocation expert;
  • (g) an independent chairperson appointed in accordance with the terms of reference; and
  • (h) an independent aviation specialist appointed in accordance with the terms of reference.
  • (3) The individual and competent officers in sub-paragraph (2) constitute the members of the ESG for the purposes of this Order from—
  • (a) in the case of the independent chairperson, the independent aviation specialist and the slot allocation expert, the date of their appointment in accordance with the terms of reference; and
  • (b) in the case of the Councils, the date on which they notify the independent chairperson of who their individual competent officer is and their appointment will be from that date,

and the membership of the ESG may include such additional individuals or bodies as agreed by the ESG and the undertaker.

  • (4) The ESG must operate, meet and make decisions in accordance with its terms of reference unless—
  • (a) otherwise agreed by the ESG and the undertaker, in accordance with the process set out in its terms of reference; or
  • (b) where the ESG has not been established in accordance with sub-paragraph (1), otherwise agreed by the bodies listed in sub-paragraph (2)(a) to (e) and the undertaker.
  • (5) The ESG is quorate for the purposes of decision making where the independent chair, independent aviation specialist, slot allocation expert (or an agreed substitute) and a minimum of two local authority representatives are present. In the event that quorum cannot be achieved at the scheduled meeting held under the provisions of sub-paragraph (2), then a further meeting may be held within seven days of such a meeting where as a minimum the independent chair, independent aviation specialist, slot allocation expert (or a substitute agreed) and at least one local authority representative who is not from Luton Borough Council are present.
  • (6) The undertaker, and if different, the airport owner or the airport operator, are permitted to attend the proceedings of the ESG and may make representations at the proceedings and present reports and plans to the ESG.

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