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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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(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;

(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;

(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;

(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

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 2006[^f00102];

“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;

(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.

(7) The undertaker must establish Technical Panels which will provide technical support to the ESG in relation to each of the following matters—

(a) air quality;

(b) greenhouse gas emissions;

(d) surface access.

(8) The bodies invited to nominate a technical representative, and the appointment of an independent expert, to each Technical Panel will be determined in accordance with its terms of reference. The local authority nominated representative, subject to being a competent person, is not subject to approval by the chairperson of the relevant Technical Panel.

(9) The technical representatives nominated under sub-paragraph (7) and the independent technical expert will constitute the members of the Technical Panel for the purposes of this Order from the date approval is provided by the independent chairperson of the ESG in accordance with its terms of reference.

(10) Each Technical Panel must operate and make recommendations in accordance with its terms of reference unless otherwise agreed by the ESG and the undertaker, in accordance with the process set out in its terms of reference.

(11) The undertaker, and if different, the airport owner or the airport operator are permitted to attend the proceedings of the Technical Panels and may make representations at the proceedings and present reports and plans to the Technical Panels.

(12) Where the terms of reference impose obligations on the undertaker, the undertaker must act in accordance with the terms of reference.

(13) Part VA (access to meetings and documents of certain authorities, committees and subcommittees) of the Local Government Act 1972[^f00103] and the Public Bodies (Admission to Meetings) Act 1960[^f00104] do not apply to the ESG, or any Technical Panel, or to its meetings or proceedings.

(14) In this paragraph—

“airport owner” means the undertaker on the date this Order is made;

“competent officer” means a local authority officer that has sufficient training and experience or knowledge to consider reports from technical specialists and use these to support a decision-making function linked to a planning consent;

“independent aviation specialist” is an independent and suitably qualified person specialising in aviation;

“independent chairperson” is an independent and suitably qualified person with appropriate aviation experience;

“independent technical expert” means an independent person that is suitably qualified or has significant technical experience in either air quality, greenhouse gas emissions, noise or surface access;

“slot allocation expert” means a representative of a body involved with, or an individual with suitable knowledge, skills and experience related to the implementation and / or operation of the Worldwide Airport Slot Guidelines (WASG), or any successor document to establish best practice for the allocation of airport slots; and

“technical representative” means a representative that is suitably qualified or has significant technical experience in either air quality, greenhouse gas emissions, noise or surface access and excludes elected representatives.

Monitoring of permitted operations

22

(1) The undertaker must, in accordance with the Monitoring Plans, monitor noise, air quality, greenhouse gas emissions and surface access from at least 1 year prior to the date that notice is served under article 44(1) (interaction with the LLAOL planning permission).

(2) The undertaker must prepare and submit to the ESG on the anniversary of the commencement of the monitoring and annually thereafter, a Monitoring Report.

(3) Monitoring Reports submitted under sub-paragraph (2) must be prepared in accordance with the Monitoring Plans, which may be amended in accordance with sub-paragraph (5).

(4) Monitoring Plans in respect of noise must include details of dispensed movements for the previous 12 months, including reasons for the dispensation and what measures, if appropriate, would be introduced to reduce these incidents in the future.

(5) The undertaker and the ESG may agree to amend the Monitoring Plans, and such agreement must not be unreasonably withheld.

(6) The undertaker must make a Monitoring Report publicly available as soon as reasonably practicable following submission under sub-paragraph (1).

Exceedance of a Level 1 Threshold

23

Where a Monitoring Report submitted to the ESG under paragraph 22 (monitoring of permitted operations) assesses that a Level 1 Threshold has been exceeded, the undertaker must include in the Monitoring Report commentary on the avoidance of the exceedance of a Limit.

Exceedance of a Level 2 Threshold

24

(1) Where a Monitoring Report submitted to the ESG under paragraph 22 (monitoring of permitted operations) assesses that a Level 2 Threshold has been exceeded, the undertaker must, unless sub-paragraph (3) applies and subject to sub-paragraph (11), submit to the ESG, and consult the ESG on, a draft Level 2 Plan no later than 21 days starting from the date the Monitoring Report was submitted to the ESG, unless another time period is agreed by the undertaker and the ESG.

(2) Where a Monitoring Report assesses that more than one Level 2 Threshold has been exceeded in respect of a matter identified in paragraph 21(6)(a), (b), (c) or (d), the undertaker may address all of the exceedances which are reasonably considered to be related to one another in the same draft Level 2 Plan for the purposes of sub-paragraph (1) and in the same Level 2 Plan for the purposes of sub-paragraph (5).

(3) This sub-paragraph applies where the ESG certifies, acting reasonably and in accordance with its terms of reference, that a Level 2 Threshold has been exceeded as a result of circumstances beyond the undertaker’s control.

(4) The undertaker must have due regard to any representations provided by the ESG on a draft Level 2 Plan during the consultation period and must provide the ESG with a written account of how any such representations have been taken into account as part of its submission under sub-paragraph (5)(a).

(5) A Level 2 Plan must be—

(a) prepared and submitted to the ESG no later than 14 days following the last day of the consultation period; and

(b) approved or refused by the ESG, acting reasonably, no later than 28 days starting the day after the ESG has received the Level 2 Plan under sub-paragraph (a).

(6) Where the ESG has refused a Level 2 Plan, the undertaker must no later than 42 days starting the day after the decision of the ESG—

(a) resolve the disagreement under article 52 (arbitration); or

(b) resubmit a revised Mitigation Plan to the ESG.

(7) Where the ESG has failed to make a decision under sub-paragraph (5)(b) within the time period specified in that sub-paragraph, it is deemed to have refused the Level 2 Plan.

(8) The undertaker must implement the Level 2 Plan approved by the ESG under sub-paragraph (5)(b).

(9) Unless otherwise agreed by the ESG, where a Monitoring Report submitted to the ESG under paragraph 22 (monitoring of permitted operations) assesses that a Level 2 Threshold has been exceeded, and except where sub-paragraph (2) applies, the undertaker will ensure that any future airport capacity declaration does not increase from the existing capacity declaration until a Level 2 Plan has been approved by the ESG or by resolution under article 52 (arbitration) or a Monitoring Report confirms that the relevant environmental effect no longer exceeds the relevant Level 2 Threshold.

(10) Where a Level 2 Plan approved by the ESG or by resolution under artricle 52 (arbitration) specifies a period that plan will have effect then sub-paragraph (1) does not apply during that period unless—

(a) an airport capacity declaration specifies the capacity of the airport is greater than any amount specified in the Level 2 Plan; or

(b) the relevant Level 1 Threshold, Level 2 Threshold or Limit is different from the relevant Level 1 Threshold, Level 2 Threshold or Limit which applied on the date of the submission of the Level 2 Plan under sub-paragraph (5)(b).

(11) Where a Monitoring Report assesses that there has been an exceedance of either one or more Level 2 Thresholds and an exceedance of one or more Limits under paragraph 24 in respect of a matter identified in paragraph 21(6)(a), (b), (c) or (d), the undertaker may decide to address all of these exceedances which are reasonably considered to be related to one another in the same draft Mitigation Plan for the purposes of paragraph 25(1) and 26(10) and in the same Mitigation Plan for the purposes of paragraph 25(5).

Exceedance of a Limit

25

(1) Where a Monitoring Report submitted to the ESG under paragraph 22 (monitoring of permitted operations) assesses that a Limit has been exceeded, the undertaker must, unless sub-paragraph (3) applies and subject to sub-paragraph (15), submit to the ESG, and consult the ESG on, a draft Mitigation Plan no later than 21 days starting from the date the Monitoring Report was submitted to the ESG.

(2) Where a Monitoring Report assesses that more than one Limit has been exceeded, the undertaker may decide to address all of the exceedances which are reasonably considered to be related to one another in the same draft Mitigation Plan for the purposes of sub-paragraphs (1) and (10) and in the same Mitigation Plan for the purposes of sub-paragraph (5).

(3) This sub-paragraph applies where the ESG certifies, acting reasonably and in accordance with its terms of reference, that a Limit has been exceeded as a result of circumstances beyond the undertaker’s control.

(4) The undertaker must have due regard to any representations provided by the ESG on a draft Mitigation Plan in the consultation period and must provide ESG with a written account of how any such representations have been taken into account as part of its submission under sub-paragraph (5)(a).

(5) A Mitigation Plan must be—

(a) prepared and submitted to the ESG no later than 14 days starting the day after the consultation period; and

(b) approved or refused by the ESG, acting reasonably, no later than 28 days starting the day after the ESG has received the Mitigation Plan under sub-paragraph (a).

(6) A Mitigation Plan may only be refused by the ESG under sub-paragraph (5)(b) where it reasonably concludes that—

(a) the proposed mitigation and actions in the Mitigation Plan will not avoid or prevent exceedances of the Limit as soon as reasonably practicable; or

(b) the proposed programme for the implementation of those actions will not avoid or prevent exceedances of a Limit as soon as reasonably practicable.

(7) Where the ESG has refused a Mitigation Plan, the undertaker must no later than 42 days starting the day after the decision of the ESG—

(a) lodge an appeal under paragraph 40 (appeals to the Secretary of State); or

(b) resubmit a revised Mitigation Plan to the ESG.

(8) Where the ESG has failed to make a decision under sub-paragraph (5)(b) within the time period specified in that sub-paragraph, it is deemed to have refused the Mitigation Plan.

(9) The undertaker must implement the Mitigation Plan approved by the ESG under sub-paragraph (5)(b).

(10) The undertaker must unless sub-paragraph (3) applies prepare and submit an updated Mitigation Plan no more than 21 days starting the day from the day after—

(a) the undertaker submits a Monitoring Report 1 year, unless the ESG agrees to a longer period, from the adoption of a Mitigation Plan under sub-paragraph (5)(b) which shows an exceedance of a Limit; or

(b) a Mitigation Plan approved under sub-paragraph (5)(b) sets out a programme for a Limit not being exceeded and a Monitoring Report shows that an exceedance of a Limit which conflicts with that programme,

whichever is sooner.

(11) Without limitation to seeking a local rule in relation to a Mitigation Plan under sub-paragraph (1) or Level 2 Plan under paragraph 24(1), the updated Mitigation Plan submitted under sub-paragraph (10) must—

(a) identify whether the application of a local rule (under the slots regulations) to reduce the existing number of allocated slots would reduce, avoid or prevent exceedances of the Limit where other measures cannot ensure an impact falls below the relevant Limit as soon as reasonably practicable; and

(b) include the proposed programme for seeking in accordance with the slots regulations the introduction of a local rule identified under sub-paragraph (a).

(12) The updated Mitigation Plan under sub-paragraph (10) must be approved or refused by the ESG no later than 28 days starting the day after the ESG has received the Mitigation Plan.

(13) Where the ESG has failed to make a decision under sub-paragraph (12) within the time period specified in that sub-paragraph, it is deemed to have refused the updated Mitigation Plan.

(14) The undertaker must implement a Mitigation Plan approved under sub-paragraph (12).

(15) Unless otherwise agreed by the ESG, where a Monitoring Report submitted to the ESG under paragraph 21 (monitoring of permitted operations) assesses that a Limit has been exceeded, the undertaker will ensure that until monitoring carried out in accordance with a Mitigation Plan or a Monitoring Report confirms the relevant environmental effect has fallen below the relevant Limit any future airport capacity declaration—

(a) does not increase from the existing capacity declaration; and

(b) includes criteria to ensure that the total number of allocated slots (excluding any exempt flights) does not exceed the existing number of allocated slots.

(16) Where a Mitigation Plan approved by the ESG or by the Secretary of State under paragraph 40 (appeals to the Secretary of State) specifies a period that plan will have effect then—

(a) sub-paragraph (1); and

(b) sub-paragraph (10),

does not apply during that period unless sub-paragraph (10)(b) applies.

Review of implementation of this Part

26

(1) The undertaker must undertake a review of the implementation of this Part, including the review of any Monitoring Plans and arrangements for funding, no later than 3 years from the date the notice is served under article 44(1) (interaction with LLAOL planning permission), and every 5 years following this initial review, and produce and submit to the ESG a report which sets out whether any improvements to the operation of this Part are considered necessary to ensure the efficient and effective operation of authorised development within the Limit.

(2) The undertaker may, following a review carried out under paragraph (1) or otherwise, submit an application to modify the specified periods to the ESG where it considers it necessary for effective implementation of this Part of this Schedule.

(3) The undertaker must, following a review carried out in accordance with the green controlled growth framework, which concludes that there are grounds for a modification of a Level 1 Threshold, Level 2 Threshold, Limit, or Monitoring Plan, submit an application for that modification to the ESG.

(4) The ESG must, acting reasonably, approve or refuse an application submitted under sub-paragraph (2) and (3) no later 56 days starting from the day after the ESG has received the application.

(5) Where the ESG has approved an application submitted under sub-paragraph (2) or (3), the terms of reference are deemed to have been varied to give effect to that approval.

(6) Where the ESG has failed to make a decision under sub-paragraph (4) within the time period specified, it is deemed to have refused the application.

(7) References to the specified periods in this Part of this Schedule are to be construed as references to any modified periods approved under sub-paragraph (4) by the ESG or by resolution under article 52 (arbitration).

(8) In this paragraph “specified periods” means any time period set out in relation to consultation, approval or submission of a Monitoring Report, Level 2 Plan or a Mitigation Plan.

PART 4 — REQUIREMENTS PERTAINING TO OTHER OPERATIONAL MATTERS

Passenger cap for the authorised development

27

Subject to, and without prejudice to, the provisions of this Order, the undertaker may operate under this Order the airport so that it permits up to 32 million passengers per annum.

Night quota period scheduled movements cap

28

(1) The undertaker must not operate under this Order the airport so that it permits in excess of 9,650 scheduled movements by aircraft in the night quota period (23:30-06:00) per 12 month period, unless a request to vary this limit has been submitted to and approved in writing by the Secretary of State following consultation with the specified authorities and, where appointed, the ESG.

(2) Any request to vary the limits under sub-paragraph (1) are only to be approved where it has been demonstrated to the satisfaction of the Secretary of State that such changes would not give rise to any materially new or materially different effects in comparison with those reported in the environmental statement.

Annual air traffic movement cap for the authorised development

29

(1) Subject to, and without prejudice to, the provisions of this Order, the undertaker may operate the airport under this Order so that it permits up to 209,410 commercial and non-commercial air traffic movement annually. Of this limit, no more than 12,460 air traffic movement annually shall be permitted in the early morning shoulder period (06:00-07:00).

(2) In sub-paragraph (1) “air traffic movement” means a landing or take-off of an airport operating a scheduled or non-scheduled service.

Air noise management plan

30

From the date that notice is served in accordance with article 44(1) (interaction with LLAOL planning permission) of this Order, the airport must be operated in accordance with the air noise management plan.

Fixed plant noise management plan

31

Ground noise management plan

32

(1) Notice in accordance with article 44(1) (interaction with LLAOL planning permission) of this Order must not be served until a ground noise management plan for the operation of the airport above the passenger cap permitted by the LLAOL planning permission has been submitted to and approved in writing by Luton Borough Council.

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

(3) From the date notice is served in accordance with article 44(1) of this Order the airport must be operated in accordance with the ground noise management plan referred to in sub-paragraph (1).

Noise contour limits and quota count point limits

33

(1) The area enclosed by the 54dB LAeq(16hr) (07:00-23:00 hrs) and the 48dB LAeq(8hr) (23:00-07:00hrs) contours shall not exceed the limit values for the time periods set out in Table 1. The contours shall be calculated using the Federal Aviation Authority Aviation Environmental Design Tool noise model version 3e prepared to support the DCO submission or periodic updates to that model, subject to written agreement from the ESG.

Limit	Limit	Limit	Limit	Limit	Limit
Period	Up to 2028	2039-2033	2034-2038	2039-2043	2044 onwards (in 5 year cycles)
Average summer day-time noise levels, as measured by size (km2) of 54 dB LAeq, 16hr noise contour	31.3	30.4	29.6	32.6	32.6
Average summer night-time noise levels, as measured by size (km2) of 48 dB LAeq, 8hr noise contour	42.6	41.5	39.7	43.2	43.2

(2) The contour area limit values shall be converted to day and night quota count budgets, supported by threshold value day and night quota count budgets as set out in the GCG framework, using a regression analysis approach to be agreed with Luton Borough Council in consultation with the specified authorities.

(3) The undertaker must comply with the contour limit values set out for the time periods indicated. Where the airport is operated in excess of the contour limit values, it is not a breach of the terms of this Order for the purposes of Part 8 of the 2008 Act if the exceedance is due to action taken in emergency circumstances in which there was reasonably reasonably cause for apprehending injury to persons or serious damage to property.

Noise insulation plan and programme

34

(1) No increase in passenger capacity may occur until a detailed plan and programme for the four-year delivery of noise insulation has been submitted to and approved in writing by the relevant planning authority.

(2) The programme will set out the total number of eligible properties remaining to be insulated and the numbers of eligible properties that it is intended to insulate in the following year and each subsequent calendar year.

(3) No later than two months before the end of the calendar year, an update report will be submitted to the relevant planning authority for written approval. The update report will include a summary of the completion and survey rates, explaining the cause and remedy for any delays and setting out the programme for the next year.

(4) The noise insulation programme will be carried out in accordance with the plans approved under sub-paragraphs (1) and (3) and will continue until such time that the relevant planning authority has confirmed in writing that it is satisfied that all eligible properties have been insulated to a satisfactory level.

(5) Changes to the delivery programme may be agreed by the Secretary of State, subject to demonstrating that such changes would not result in materially new or materially different effects than those assessed in the environment statement.

Offsite highways works

35

(1) Notice in accordance with article 44(1) (interaction with LLAOL planning permission) of this Order must not be served until a transport related impacts monitoring and mitigation approach (“TRIMMA”) for the operation of the airport above the passenger cap permitted by the LLAOL planning permission has been submitted to and approved in writing by Luton Borough Council, following consultation with the specified authorities, Buckinghamshire Council and National Highways.

(2) The TRIMMA submitted under sub-paragraph (1) must be substantially in accordance with the outline TRIMMA. It must include the details of Work No. 6e(n) including a timetable for implementation at the point that the threshold is met that would require the works.

(3) From the date notice is served in accordance with article 44(1) of this Order the undertaker must implement and comply with the TRIMMA approved under sub-paragraph (1).

Offsite highway works, Work Nos. 6e(d), (e), (f), (j) and (q)

36

(1) No part of the Off-site Highway Works No. 6e(d), 6e(e), 6e(f), 6e(j) and 6(e)(q) may commence, until a report which provides evidence, including recent monitoring data, that the works would be required to mitigate airport-related traffic has been submitted to and approved by the relevant local highway authority in writing.

(2) If the relevant local highway authority confirms that the works would be required to mitigate airport-related traffic then the detailed design of the works shall be submitted to and thereafter carried out under the provisions of paragraph 6 (detailed design) of Part 2 of this Schedule.

Travel plans

37

(1) Notice in accordance with article 44(1) (interaction with LLAOL planning permission) of this Order must not be served until a travel plan for the operation of the airport above the passenger cap permitted by the LLAOL planning permission has been submitted to and approved in writing by Luton Borough Council, following consultation with the specified authorities, Buckinghamshire Council and National Highways.

(2) The travel plan submitted under sub-paragraph (1) must be substantially in accordance with the framework travel plan and the bus and coach study, and prepared in accordance with the process set out in Figure 7.1 of the framework travel plan.

(3) The travel plan submitted under sub-paragraph (1) must include non-sustainable mode share targets, for passengers and staff, that are no higher than the equivalent surface access limit values within the green controlled growth framework and maximises the use of sustainable transport modes in agreement with the airport transport forum.

(4) Every five years following the date a travel plan was submitted for approval under sub-paragraph (1), the undertaker must submit an updated travel plan to Luton Borough Council for approval in writing, following consultation with the specified authorities, Buckinghamshire Council and National Highways.

(5) Sub-paragraph (2) applies in relation to an updated travel plan submitted for approval under sub-paragraph (3).

(6) From the date notice is served in accordance with article 44(1) of this Order the airport must be operated in accordance with the travel plan approved under sub-paragraph (1) or any updated travel plan approved in accordance with sub-paragraph (3).

Sustainable transport fund

38

From the date that notice is served in accordance with article 44(1) (interaction with LLAOL planning permission) of this Order, the undertaker must implement and operate the sustainable transport fund in accordance with the certified sustainable transport fund document listed in Schedule 9.

Operational air quality plan

39

(1) Notice in accordance with article 44(1) (interaction with LLAOL planning permission) of this Order must not be served until an operational air quality plan for the operation of the airport above the passenger cap permitted by the LLAOL planning permission has been submitted to and approved in writing by Luton Borough Council.

(2) The operational air quality plan submitted under sub-paragraph (1) must be substantially in accordance with the outline operational air quality plan.

(3) From the date notice is served in accordance with article 44(1) of this Order the airport must be operated in accordance with the operational air quality plan referred to in sub-paragraph (1).

Greenhouse gas action plan

40

(1) Notice in accordance with article 44(1) (interaction with LLAOL planning permission) of this Order must not be served until a greenhouse gas action plan for the operation of the airport above the passenger cap permitted by the LLAOL planning permission has been submitted to and approved in writing by Luton Borough Council.

(2) The greenhouse gas action plan submitted under sub-paragraph (1) must be substantially in accordance with the outline greenhouse gas action plan.

(3) From the date notice is served in accordance with article 44(1) of this Order the airport must be operated in accordance with the greenhouse gas action plan referred to in sub-paragraph (1).

Operational waste management plan

41

(1) Notice in accordance with article 44(1) (interaction with LLAOL planning permission) of this Order must not be served until an operational waste management plan for the operation of the airport above the passenger cap permitted by the LLAOL planning permission has been submitted to and approved in writing by Luton Borough Council.

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

(3) From the date notice is served in accordance with article 44(1) of this Order the airport must be operated in accordance with the operational waste management plan referred to in sub-paragraph (1).

Water consumption

42

(1) There must not be an increase in the demand for water resources from the 2019 consumption baseline, unless otherwise agreed in writing by the relevant water undertaker.

(2) Where additional water is required during construction, a water use profile must be submitted to and agreed in writing by the relevant water undertaker in advance of works.

(3) A monitoring report detailing water consumption in respect of water demand for the airport terminals and non-terminals must be submitted annually, unless otherwise agreed, from the date of commencement to the relevant planning authority and the relevant water undertaker.

(4) In sub-paragraph (1) “2019 consumption baseline” means 4.2 litres per second in respect of water demand for the airport terminals and 3.3 litres per second in respect of water-demand for the airport non-terminals.

PART 5 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Interpretation

43

In this Part of this Schedule—

“Part 5 consultee” means one or more of the following bodies on matters relating to their function, where that body is not already the discharging authority or a consultee under the relevant paragraph in Part 1, Part 2 or Part 4 of this Schedule— Buckinghamshire Council; Central Bedfordshire Council; Dacorum Borough Council; the Environment Agency; Hertfordshire County Council; Historic England; Luton Borough Council; National Highways; Natural England; North Hertfordshire District Council; the relevant sewerage undertaker; and the relevant water undertaker;

“specified period” means a period of— 13 weeks for any application under paragraph 6 (detailed design) of Part 2 of this Schedule for detailed design approval of Works Nos. 3b(01), 3b(02), 3d, 3f, 3g and 4a; 8 weeks for all other applications for approval under Part 1, Part 2 or Part 4 of this Schedule; or such longer period as may be agreed between the undertaker and the discharging authority.

Applications made under requirements

44

(1) Where an application has been made to the discharging authority for any consent, agreement or approval referred to in Part 1, Part 2 or Part 4 of this Schedule the discharging authority—

(a) must consult a Part 5 consultee where it appears to the discharging authority, acting reasonably, that such consultation is necessary and appropriate having regard to—

(i) the nature and spatial extent of the consent, agreement or approval being sought; and

(ii) the functions of the Part 5 consultee;

(b) must give notice to the undertaker of the decision on the application within the specified period which begins on—

(i) the day immediately following that on which the application is deemed valid by the discharging authority; or

(ii) the day immediately following that on which valid further information has been supplied by the undertaker in response to a request from the discharging authority or a consultee (as the case may be) in accordance with paragraph 45 (further information).

(2) The discharging authority is entitled to rely upon pre-application consultation carried out by the undertaker on an application referred to under paragraph (1) for the purposes of—

(a) discharging any requirement to consult a specified body in Part 1, Part 2 or Part 4, where the undertaker has duly consulted that body; and

(b) determining whether consultation by the discharging authority is required with any Part 5 consultee under sub-paragraph (1)(a),

provided that the application under paragraph (1) contains sufficient evidence of the consultation carried out by the undertaker, including the comments received from the body consulted.

(3) In determining any application made to the discharging authority for any consent, agreement or approval required by a requirement in Part 1, Part 2 or Part 4 of this Schedule, the discharging authority may—

(a) give or refuse its consent, agreement or approval; or

(b) give its consent, agreement or approval either subject to reasonable conditions, or unconditionally; and

(c) where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with the notice of the decision.

(4) In the event that the discharging authority does not determine an application within the period set out in sub-paragraph (1), the discharging authority is deemed to have refused all parts of the application (without any condition or qualification at the end of that period).

(5) Where consent, agreement or approval is refused, the discharging authority must provide its reasons for that decision with the notice of the decision.

(6) Where an application is made to the discharging authority for any written consent, agreement or approval referred to in Part 1, Part 2 or Part 4 of this Schedule, the fee contained in regulation 16(1)(b) (fees for confirmation of compliance with condition attached to planning permission) of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012[^f00105] is to apply and must be paid to that authority for each application.

(7) Any fee paid under this Schedule must be refunded to the undertaker within four weeks of—

(a) the date any application is rejected as being invalid by the discharging authority; or

(b) the discharging authority failing to determine the application within the specified period.

Further information

45

(1) In relation to any part of an application made under Part 1, Part 2 or Part 4 of this Schedule, the discharging authority has the right to request such further information from the undertaker as is reasonably necessary to enable the discharging authority to consider the application.

(2) If the discharging authority considers that further information is reasonably necessary, and the application for approval does not give rise to consultation with another body under either the paragraph concerned or paragraph 44(1)(a), or as a result of paragraph 44(2), then the discharging authority must, within ten business days of receipt of the application, notify the undertaker in writing specifying the further information reasonably required.

(3) If the paragraph concerned specifies that consultation with a consultee is required, or the discharging authority elects to consult a Part 5 consultee under paragraph 44(1), then the discharging authority must—

(a) issue the application to the consultee within five business days of receipt of the application;

(b) allow the consultee the following period of time, as relevant, to notify the discharging authority whether, acting reasonably, the consultee requires further information to consider the application—

(i) 15 business days, from the date on which the views of consultees are sought, for an application under paragraph 6 of this Schedule for detailed design approval of Work Nos. 3b(01), 3b(02), 3d, 3f, 3g and 4a; and

(ii) 10 business days, from the date on which the views of consultees are sought, for any other application under Part 1, Part 2 or Part 4 of this Schedule; and

(c) notify the undertaker in writing specifying any further information reasonably requested by the discharging authority or any consultee (as the case may be) within—

(i) 25 business days of receipt of an application under paragraph 6 of Part 2 of this Schedule for detailed design approval of Work Nos. 3b(01), 3b(02), 3d, 3f, 3g and 4a; and

(ii) 20 business days of receipt of any other application under Part 1, Part 2, or Part 4 of this Schedule.

(4) If the discharging authority does not give notification of a request for further information to the undertaker within the period specified in sub-paragraph (2) or (3) it (and the consultee, as the case may be) is deemed to have sufficient information to consider the application and is not entitled to subsequently request further information without the prior agreement of the undertaker.

(5) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 37 (applications made under requirements) and in this paragraph.

Register of requirements

46

(1) The undertaker must, as soon as is practicable following the making of the Order, establish and maintain in an electronic form suitable for public inspection a register of those paragraphs contained within Parts 1, 2 and 4 of this Schedule that provide for any consent, agreement or approval to be given by a discharging authority.

(2) The register must set out in relation to each such paragraph its status in terms of whether any application has been made to a discharging authority and whether or not any consent, agreement or approval has been given, together with an electronic link to any document comprised in such an application or in details that have been consented to, agreed or approved.

(3) The register must be maintained by the undertaker for a period of 3 years following the completion of the authorised development.

SCHEDULE 3 — PERMANENT STOPPING UP OF PUBLIC RIGHTS OF WAY

(1) Public rights of way to be stopped up	(2) Extent of stopping up
Footpath 38 (FP38)	Between Point A on sheet 1 to Point B on sheet 2 of the Rights of Way Plans – Permanent Stopping Up of Public Rights of Way.
Footpath 29 (FP29)	Between Points B and C on sheet 2 of the Rights of Way Plans – Permanent Stopping Up of Public Rights of Way.
Bridleway 28 (BW28)	Between Points C and D on sheet 2 of the Rights of Way Plans – Permanent Stopping Up of Public Rights of Way.
Bridleway 37 (BW37)	Between Point D on sheet 2 to Point E on sheet 6 of the Rights of Way Plans – Permanent Stopping Up of Public Rights of Way.

SCHEDULE 4 — DESIGNATION OF HIGHWAYS

(1) Local Highway	(2) Extent	(3) Designation
Airport Access Road	The area hatched blue as shown on sheets 1–3 of the Streets, Rights of Way and Access Plans – Airport Access Road	Carriageway and Footway
Junction of A1081 New Airport Way and Gipsy Lane	The area hatched blue as shown on the Streets, Rights of Way and Access Plan – A1081 New Airport Way / Gipsy Lane	Carriageway
Work No. 5b(03) – New highway (footpath) linking the northern end of Footpath 38 (FP38) with the north-western extent of Footpath 43 (FP43)	Between point 1 and point 2 as shown on sheet 1 of the Rights of Way Plans – Public Rights of Way Proposals	Footpath
Work No. 5b(04) – New highway (multi-use bridleway) connecting Footpath 43 (FP43) to Winch Hill Road	Between point 3 on sheet 1 and point 4 on sheet 3 as shown on sheets 1 and 3 of the Rights of Way Plans – Public Rights of Way Proposals	Bridleway
Work No. 5b(05) – New highway (multi-use bridleway) connecting Bridleway 52 (BW52) with Footpath 41 (FP41)	Between point 6 and point 7 as shown on sheet 2 of the Rights of Way Plans – Public Rights of Way Proposals	Bridleway
Work No. 5b(06) – 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	Between point 5 and point 6 as shown on sheet 1 of the Rights of Way Plans – Public Rights of Way Proposals	Bridleway
Work No. 5b(07) – 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	Between point 5 and point 3 as shown on sheet 1 of the Rights of Way Plans – Public Rights of Way Proposals	Bridleway

SCHEDULE 5 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

(1) Plot Reference Number shown on Land Plans	(2) Purpose for which rights over land may be acquired
Land Plans – Sheet 1 of 10	Land Plans – Sheet 1 of 10
1-41	The rights and restrictive covenants to construct, protect, operate, access and maintain the private road beneath the bridge carrying the railway, including the right to erect lighting within the subway crossing, and to maintain or upgrade the surface; and the right for the undertaker and all persons authorised on its behalf to enter, pass and re-pass, on foot, with or without plant and machinery, for all purposes in connection with the use of the footpath as a means of access between the adjacent car parks.
Land Plans – Sheet 3 of 10	Land Plans – Sheet 3 of 10
3-32, 3-40, 3-41, 3-42	The rights and restrictive covenants to install, protect, implement, retain, repair, improve, renew, remove, relocate and plant hedgerows, associated plants and supporting infrastructure together with the right to maintain, inspect and replant; and the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of hedgerows in connection with the authorised development.
Land Plans – Sheet 4 of 10	Land Plans – Sheet 4 of 10
4-01	The right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of hedgerows in connection with the authorised development.
4-02, 4-03, 4-04, 4-05	The rights and restrictive covenants to install, protect, implement, retain, repair, improve, renew, remove, relocate and plant hedgerows, associated plants and supporting infrastructure together with the right to maintain, inspect and replant; and the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of hedgerows in connection with the authorised development.
Land Plans – Sheet 6 of 10	Land Plans – Sheet 6 of 10
6-01	The rights and restrictive covenants to access, protect, and maintain an area of ancient woodland.
6-03, 6-04	The rights and restrictive covenants to construct, protect, operate, access, renew and maintain a new fuel pipeline and associated installations.
6-04	The rights and restrictive covenants to construct, operate, access, protect, and maintain a habitat mitigation area.
6-05	The right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of hedgerows in connection with the authorised development.
6-06, 6-07, 6-08, 6-21, 6-21a	The rights and restrictive covenants to install, protect, implement, retain, repair, improve, renew, remove, relocate and plant hedgerows, associated plants and supporting infrastructure together with the right to maintain, inspect and replant; and the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of hedgerows in connection with the authorised development.
Land Plans – Sheet 7 of 10	Land Plans – Sheet 7 of 10
7-03, 7-09, 7-10, 7-12, 7-13, 7-14, 7-15, 7-16, 7-17, 7-18, 7-19, 7-20, 7-21, 7-23, 7-24, 7-25, 7-26, 7-27, 7-28, 7-30, 7-31, 7-33, 7-34 7-35, 7-36, 7-37, 7-38, 7-40, 7-41, 7-42, 7-43, 7-44, 7-45, 7-46	The rights and restrictive covenants to install, protect, implement, retain, repair, improve, renew, remove, relocate and plant hedgerows, associated plants and supporting infrastructure together with the right to maintain, inspect and replant; and the right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of hedgerows in connection with the authorised development.
7-04, 7-05, 7-06, 7-07	The rights and restrictive covenants to construct, operate, access and maintain a habitat mitigation area.
7-29, 7-32, 7-39	The right to pass and repass on foot, with or without vehicles, plant and machinery for all purposes in connection with the implementation and maintenance of hedgerows in connection with the authorised development.

SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restrictive covenant as they apply in respect of compensation on the compulsory purchase of land and interests in land, subject to the modifications set out in this Schedule.

2

(1) Without limiting paragraph 1, the Land Compensation Act 1973[^f00106] has effect subject to the modifications set out in sub-paragraphs (2).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—

(a) for “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and

(b) for “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

3

(1) Without limiting paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

(2) For section 5A(5A) (relevant valuation date) of the 1961 Act, substitute—

(5A) If— (a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) (powers of entry) of the 1965 Act (as modified by paragraph 5(5) of Schedule 6 to the London Luton Airport Expansion Development Consent Order 2025); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 6 to the London Luton Airport Expansion Development Consent Order 2025) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right.

Application of Part 1 of the 1965 Act

4

Part 1 of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 29 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 24 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 27 (compulsory acquisition of rights and imposition of restrictive covenants)—

(a) with the modifications specified in paragraph 5; or

(b) with such other modifications as may be necessary.

5

(1) The modifications referred to in paragraph 4(a) are as follows.

(2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired, or the restrictive covenant imposed or to be imposed; or

(b) the land over which the right is or is to be exercisable, or the restrictive covenant is or is to be enforceable.

(3) For section 7 (measure of compensation in case of severance) of the 1965 Act substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

(4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a) section 9(4) (refusal to convey, failure to make title, etc.);

(b) paragraph 10(3) of Schedule 1 (persons without power to sell their interests);

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

(5) Section 11[^f00107] (powers of entry) of the 1965 Act is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 24), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A[^f00108] (powers of entry: further notices of entry), 12[^f00109] (unauthorised entry) and 13[^f00110] (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

(6) Section 20[^f00111] (tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

(7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 29(4) is also modified so as to enable the acquiring authority in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

(8) For Schedule 2A of the 1965 Act substitute—

SCHEDULE2A (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and has not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 30 (application of the 1981 Act) of the London Luton Airport Expansion Development Consent Order 2025 in respect of the land to which the notice to treat relates. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The acquiring authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the acquiring authority decides to refer the counter-notice to the Upper Tribunal it must do so within the decision period. (8) If the acquiring authority does not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the acquiring authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph it must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

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