The London Luton Airport Expansion Development Consent Order 2025

• (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;

• (c) noise; and

• (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 1972¹⁰³ and the Public Bodies (Admission to Meetings) Act 1960¹⁰⁴ 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

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 fixed plant noise management plan.

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 2012¹⁰⁵ 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 1973¹⁰⁶ 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);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (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 11¹⁰⁷ (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 11A¹⁰⁸ (powers of entry: further notices of entry), 12¹⁰⁹ (unauthorised entry) and 13¹¹⁰ (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

• (6) Section 20¹¹¹ (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.

SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Plot Reference Number shown on Land Plans	(2) Purpose for which temporary possession may be taken	(3) Relevant part of the authorised development
1-01, 1-02, 1-03, 1-04, 1-05, 1-06, 1-07, 1-08, 1-09, 1-10, 1-11, 1-12, 1-13, 1-14, 1-15, 1-16, 1-17, 1-20, 1-21, 1-26, 1-28, 1-29, 1-35	Offsite highway works, including works to A1081 New Airport Way, B653 and Gipsy Lane. To include, the realignment and widening of A1081 New Airport Way (to provide additional traffic lanes), the realignment and widening of A505 Gispsy 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	Work No. 6e(b)
1-27 1-31, 1-32, 1-33	Airport support facilities, including construction of a multi-storey car park associated laydown areas, access, working space to support construction	Work No. 4g
1-34, 1-37, 1-43, 1-49, 1-50, 1-53, 1-54, 1-57, 1-59, 1-61, 1-63	Airport support facilities, including a surface car park associated laydown areas, access, working space to support construction	Work No. 4h
1-58, 1-60, 1-62, 1-63, 1-64, 1-65, 1-66, 1-67	Offsite highway works, including works at A1081 New Airport Way, A505 Kimpton Road and Vauxhall Way, associated laydown areas, access, working space to support construction	Work No. 6e(c)
1-68, 1-69, 1-69a, 1-71a, 1-87, 1-92	Airport support facilities, including works to modify an existing car park and associated laydown areas, access, working space to support construction	Work No. 4i
1-68, 1-69, 1-69a, 1-70, 1-78, 1-80, 1-81, 1-82, 1-85, 1-87, 1-90, 1-92, 1-93, 2-1139	Works in connection with Airport Access Road, associated laydown areas, access, working space to support construction	Work No. 6a(01)
1-68, 1-69, 1-69a, 1-70, 1-71a, 1-74, 1-74a, 1-75, 1-76, 1-77, 1-77a, 1-78, 1-80, 1-81, 1-82, 1-85, 1-87, 1-88, 1-90, 1-92, 1-93, 1-94, 1-95, 1-99, 1-100, 2-05, 2-08, 2-09, 2-16, 2-27, 2-66, 2-67, 2-68, 2-84, 2-87, 2-90, 2-96, 2-96a, 2-101, 2-114, 2-117, 2-128, 2-133, 2-134, 3-02, 3-04, 3-05, 3-06, 3-08, 3-11, 5-11	Works in connection with Airport Access Road, associated laydown areas, access, working space to support construction	Work No. 6a(02)
1-95, 2-05, 2-08, 2-09, 2-16	Landscape and mitigation works including the provision of structural landscaping, associated laydown areas, access, working space to support construction	Work No. 5a
2-27	Airport Access Road permanent car parking replacement provision, associated laydown areas, access, working space to support construction	Work No. 4t(01), Work No. 4t(02)
2-62, 2-65, 2-70, 2-79, 2-80	Offsite highway works, including works at A505 Vauxhall Way/Eaton Green Road, associated laydown areas, access, working space to support construction	Work No. 6e(r)
2-68, 2-71	Construction of new hangar aprons, associated laydown areas, access, working space to support construction	Work No. 2c(03)
2-84, 2-87, 2-90, 2-96, 2-96a, 2-101, 2-117	Works in connection with Airport Access Road, associated laydown areas, access, working space to support construction	Work No. 6a(03)
2-93, 2-99, 2-101, 2-108, 2-114, 2-133	Works in connection with Airport Access Road replacement car parking provision, associated laydown areas, access, working space to support construction	Work No. 4t(03)
2-96a, 2-113, 2-116, 2-120, 2-121, 2-126	Offsite highway works, including works at Eaton Green Road/Frank Lester Way, associated laydown areas, access, working space to support construction	Work No. 6e(q)
2-114, 2-133	Works in connection with Airport Access Road, including replacement car parking provision and substation works, associated laydown areas, access, working space to support construction	Work No. 4t(04), Work No. 4w
2-144	Offsite highway works, including works at Eaton Green Road and Lalleford Road, associated laydown areas, access, working space to support construction	Work No. 6e(d)
3-04, 3-05, 3-06, 3-08, 3-11, 3-15, 3-17, 5-11	Sitewide works to enable development including earthworks, associated laydown areas, access, working space to support construction	Work No. 1a
3-04, 3-06, 5-11	Sitewide works to enable development including landfill remediation works, associated laydown areas, access, working space to support construction	Work No. 1b
3-05, 3-06, 3-11, 3-14, 3-15, 3-17, 3-18, 3-22, 3-23, 3-24, 3-25, 3-26, 3-27, 3-28, 3-29	Offsite highway works, including works to 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	Work No. 6e(f)
3-18	Landscape and mitigation works including enhancements to Wigmore Valley Park, associated laydown areas, access, working space to support construction	Work No. 5b(01)
3-19, 3-20, 3-21, 7-02	Landscape and mitigation works including the provision of structural landscaping, associated laydown areas, access, working space to support construction	Work No. 5b(02)
3-19, 3-20, 3-21	Landscape and mitigation works including works to Replacement Open Space and upgrade of footpath, associated laydown areas, access, working space to support construction	Work No. 5b(07)
3-27, 3-28, 3-29, 3-30, 3-36, 3-37, 3-38, 3-39,	Offsite highway works, including works at Wigmore Lane and Crawley Green Road, associated laydown areas, access, working space to support construction	Work No. 6e(e)
3-31, 3-33, 3-34, 3-35	Offsite highway works, including works at Crawley Green Road/Lalleford Road, associated laydown areas, access, working space to support construction	Work No. 6e(j)
8-01, 8-02, 8-03, 8-04, 8-05, 8-06, 8-07, 8-08, 8-09, 8-10, 8-11, 8-12, 8-13, 8-14, 8-15, 8-16, 8-17, 8-18, 8-19, 8-22, 8-23	Offsite highway works, including works at M1 J10, including widening to the A1081 westbound carriageway, associated laydown areas, access, working space to support construction	Work No. 6e(o)
8-01, 8-02, 8-03, 8-04, 8-05, 8-06, 8-07, 8-08, 8-09, 8-10, 8-11, 8-12, 8-13, 8-14, 8-15, 8-16, 8-17, 8-18, 8-19, 8-21, 8-22, 8-23	Offsite highway works, including works at M1 J10, including widening of the western circulatory carriageway, associated laydown areas, access, working space to support construction	Work No. 6e(p)
8-03, 8-05, 8-06, 8-07, 8-08, 8-09, 8-10, 8-11, 8-12, 8-13, 8-14, 8-15, 8-16, 8-17, 8-18, 8-19, 8-22, 8-23	Offsite highway works, including works at M1 J10, including widening to the northbound off-slip, associated laydown areas, access, working space to support construction	Work No. 6e(n)
8-20	Offsite highway works, including works at A1081/London Road (South), associated laydown areas, access, working space to support construction	Work No. 6e(h)
8-24, 8-25, 8-26, 8-27	Offsite highway works, including works at A1081/London Road (North), associated laydown areas, access, working space to support construction	Work No. 6e(g)
9-01, 9-02, 9-03, 9-04, 9-05, 9-06, 9-07, 9-08, 9-09	Offsite highway works, including works at Windmill Road and Kimpton Road, associated laydown areas, access, working space to support construction	Work No. 6e(a)
9-10, 9-11, 9-13, 9-15, 9-17, 9-18, 9-19, 9-20, 9-21, 9-22, 9-23, 9-24, 9-25	Offsite highway works, including works at Windmill Road/Manor Road/St. Mary’s Road/Crawley Green Road, associated laydown areas, access, working space to support construction	Work No. 6e(i)
10-01, 10-02, 10-03, 10-04, 10-05, 10-06	Offsite highway works, including works at A602 Park Way/Stevenage Road, associated laydown areas, access, working space to support construction	Work No. 6e(m)
10-07	Offsite highway works, including works at A505 Moormead Hill/B655 Pirton Road/Upper Tilehouse Street, associated laydown areas, access, working space to support construction	Work No. 6e(l)
10-08, 10-09	Offsite highway works, including works at A602 Park Way/A505 Upper Tilehouse Street, associated laydown areas, access, working space to support construction	Work No. 6e(k)

SCHEDULE 8 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS

1

For the protection of the utility undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertaker concerned.

2

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

• “apparatus” means— in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989¹¹²), belonging to or maintained by that undertaker; in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986¹¹³ for the purposes of gas supply; in the case of a water undertaker, mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; and in the case of a sewerage undertaker— any drain or works vested in the utility undertaker under the Water Industry Act 1991¹¹⁴; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)¹¹⁵ (adoption of sewers and disposal of works) of that Act or an agreement to adopt made under section 104¹¹⁶ (agreements to adopt sewer, drain or sewage disposal works, at a future date) of that Act, and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “functions” includes powers and duties;

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

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

• “utility undertaker” means— any licence holder within the meaning of Part 1 (electricity supply) of the Electricity Act 1989; a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986; a water undertaker within the meaning of the Water Industry Act 1991; and a sewerage undertaker within the meaning of Part 1 (preliminary) of the Water Industry Act 1991, for the area of the authorised development, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.

On street apparatus

3

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

Apparatus in stopped up public rights of way

4

• (1) Where any public right of way is stopped up under article 14 (permanent stopping up of public rights of way), any utility undertaker whose apparatus is in the land in which the public right of way subsists has the same powers and rights in respect of that apparatus in the land in which the public right of way subsists as it enjoyed immediately before the stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 7 or the power of the undertaker to carry out works under paragraph 9.

• (2) Regardless of the temporary alteration, diversion or restriction of any street under the powers conferred by article 13 (temporary stopping up and restriction of use of streets), a utility undertaker is at liberty at all times to take all necessary access across any such stopped up street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that street.

Protective works to buildings

5

The undertaker, in the case of the powers conferred by article 20 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of land

6

Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

7

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

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question 28 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.