The London Luton Airport Expansion Development Consent Order 2025

• (a) a stage 3 road safety audit for the specified works has been carried out and all recommendations raised including remedial works have (subject to any exceptions agreed) been approved by National Highways, such approval not to be unreasonably withheld or delayed;

• (b) the specified works incorporating the approved remedial works under sub-paragraph (4)(a) and any further works notified to the undertaker pursuant to sub-paragraph (3)(b) have been completed to the reasonable satisfaction of National Highways;

• (c) the as built information has been provided to National Highways; and

• (d) the undertaker has paid the commuted sum to National Highways,

National Highways must promptly issue the provisional certificate.

• (5) The undertaker must submit a stage 4 road safety audits as required by and in line with the timescales stipulated in the road safety audit standard.

• (6) The undertaker must comply with the findings of the stage 4 road safety audit and must pay all reasonable costs of and incidental to such and provide updated as-built information to National Highways.

Opening

43

The undertaker must notify National Highways not less than 56 days in advance of the intended date of opening to the public of the strategic road network and the undertaker must notify National Highways of the actual date the strategic road network will be opened to the public within 14 days of that date.

Final condition survey

44

• (1) The undertaker must, as soon as reasonably practicable after making its application for a provisional certificate pursuant to paragraph 42(2), arrange for the highways structures and assets that were the subject of the condition survey to be re-surveyed and must submit the re-survey to National Highways for its approval.

• (2) The re-survey will include a renewed geotechnical assessment required by DMRB CD622 if the specified works include any works beneath the strategic road network.

• (3) If the re-surveys carried out pursuant to sub-paragraph (1) indicates that any damage has been caused to a structure or asset, the undertaker must submit a scheme for remedial works in writing to National Highways for its approval in writing and the undertaker must carry out the remedial works at its own cost and in accordance with the scheme submitted.

• (4) If the undertaker fails to carry out the remedial work in accordance with the approved scheme, National Highways may carry out the steps required of the undertaker and may recover any expenditure it reasonably incurs in so doing.

• (5) National Highways may, at its discretion, at the same time as giving its approval to the re-surveys pursuant to paragraph 44(1) give notice in writing that National Highways will remedy any damage identified in the re-surveys and National Highways may recover any expenditure it reasonably incurs in so doing.

• (6) The undertaker must make available to National Highways upon request copies of any survey or inspection reports produced pursuant to any inspection or survey of any specified work following its completion that the undertaker may from time to time carry out.

• (7) Any approval of National Highways required under this paragraph must not be unreasonably withheld or delayed.

Defects period

45

• (1) The undertaker must at its own expense remedy any defects in the strategic road network as are reasonably required by National Highways to be remedied during the defects period.

• (2) All identified defects must be remedied in accordance with the following timescales—

• (a) in respect of matters of urgency, within 24 hours of receiving notification for the same (urgency to be determined at the absolute discretion of National Highways);

• (b) in respect of matters which National Highways reasonably considers to be serious defects or faults, within 14 days of receiving notification of the same; and

• (c) in respect of all other defects notified to the undertaker, within 4 weeks of receiving notification of the same.

• (3) Following the expiry of the defects period National Highways has responsibility for routine maintenance of the strategic road network save for any soft landscaping works which must be established and which must thereafter be maintained for a period of 3 years by and at the expense of the undertaker.

Final certificate

46

• (1) The undertaker must apply to National Highways for the final certificate no sooner than 12 months from the date of the provisional certificate.

• (2) Following receipt of the application for the final certificate, National Highways must as soon as reasonably practicable—

• (a) inspect the strategic road network; and

• (b) provide the undertaker with a written list of any further works required to remedy or make good any defect or damage in the strategic road network or confirmation that no such works are required for this purpose.

• (3) The undertaker must carry out such works notified to it pursuant to sub-paragraph (2).

• (4) When National Highways is reasonably satisfied that—

• (a) any defects or damage arising from defects during the defects period and any defects notified to the undertaker pursuant to sub-paragraph (2) and any remedial works required as a result of the stage 4 road safety audit have been made good to the reasonable satisfaction of National Highways; and

• (b) the NH costs have been paid to National Highways in full,

National Highways must issue the final certificate after which the bond is to be released in full.

• (5) The issue of a final certificate by National Highways amounts to an acknowledgment by National Highways that the construction, alteration or diversion (as the case may be) of the highway has been completed to its reasonable satisfaction for the purposes of article 12 (construction and maintenance of new, altered or diverted streets) of this Order.

• (6) The undertaker must pay to National Highways within 28 days of demand the costs reasonably incurred by National Highways in identifying the defects and supervising and inspecting the undertaker’s work to remedy the defects that it is required to remedy pursuant to these provisions.

Security

47

The specified works must not commence until—

• (a) the undertaker procures that the specified works are secured by a bond from a bondsman first approved by National Highways in the agreed form between the undertaker and National Highways to indemnify National Highways against all losses, damages, costs or expenses arising from any breach of any one or more of the obligations of the undertaker in respect of the exercise of the powers under this Order and the specified works under the provisions of this Part of this Schedule provided that the maximum liability of the bond must not exceed the bond sum; and

• (b) the undertaker has provided the cash surety which may be utilised by National Highways in the event of the undertaker failing to meet its obligations to make payments under paragraph 41 (payments) or to carry out works the need for which arises from a breach of one or more of the obligations of the undertaker under the provisions of this Part of this Schedule.

Commuted sums

48

• (1) National Highways must provide to the undertaker an estimate of the commuted sum, calculated in accordance with FS Guidance S278 Commuted Lump Sum Calculation Method dated 18 January 2010 or any successor guidance, prior to the commencement of the specified works.

• (2) The undertaker must pay to National Highways the commuted sum prior to the issue of the provisional certificate.

Insurance

49

Prior to the commencement of the specified works the undertaker must ensure public liability insurance is in place with an insurer in the minimum sum of £10,000,000.00 (ten million pounds) in respect of any one claim against any legal liability for damage loss or injury to any property or any person as a direct result of the execution of specified works or use of the strategic road network by the undertaker.

Indemnity

50

• (1) Subject to sub-paragraphs (2) and (3) the undertaker fully indemnifies National Highways from and against all costs, claims, expenses, damages, losses and liabilities suffered by National Highways arising from the construction, maintenance or use of the specified works or exercise of or failure to exercise any power under this Order within 14 days of demand save for any loss arising out of or in consequence of any negligent act or default of National Highways.

• (2) Sub-paragraph (1) does not apply to any costs, claims, expenses, damages, losses and liabilities which were caused by or arose out of the negligence or default of National Highways or its officers, servants, agents or contractors or any person or body for whom it is responsible.

• (3) If any person makes a claim or notifies an intention to make a claim against National Highways which may reasonably be considered likely to give rise to a liability under this paragraph then National Highways must—

• (a) as soon as reasonably practicable give the undertaker reasonable notice of any such third party claim or demand, specifying the nature of the indemnity liability in reasonable detail; and

• (b) not make any admission of liability, agreement or compromise in relation to the indemnity liability without first consulting the undertaker and considering their representations.

• (4) National Highways must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands and penalties to which the indemnity under this paragraph applies where it is within National Highway’s reasonable gift and control to do so and which expressly excludes any obligation to mitigate liability arising from third parties which is outside of National Highway’s control.

• (5) National Highways must provide an explanation of how any claim has been mitigated or minimised or where mitigation or minimisation is not possible an explanation as to why, if reasonably requested to do so by the undertaker and only in relation to costs that are incurred which are within National Highways’ direct control.

Maintenance of the specified works

51

• (1) The undertaker must, prior to the commencement of any works of maintenance to the specified works, give National Highways 28 days’ notice in writing of the date on which those works will start unless otherwise agreed by National Highways, acting reasonably.

• (2) If, for the purposes of maintaining the specified works, the undertaker needs to occupy any road space, the undertaker must comply with National Highways’ road space booking requirements and no maintenance of the specified works for which a road space booking is required is to commence without a road space booking having first been secured, such road space booking not to be unreasonably withheld or delayed.

• (3) The undertaker must comply with any reasonable requirements that National Highways may notify to the undertaker, such requirements to be notified to the undertaker not less than 14 days’ in advance of the planned commencement date of the maintenance works.

• (4) The provisions of paragraph 43 (opening) apply to the opening of any part of the strategic road network following occupation of any road space under this paragraph.

Expert determination

52

• (1) Article 52 (arbitration) of the Order does not apply to this Part of this Schedule.

• (2) Any difference under this Part of this Schedule may be referred to and settled by a single independent and suitable person who holds appropriate professional qualifications and is a member of a professional body relevant to the matter in dispute acting as an expert, such person to be agreed by the differing parties or, in the absence of agreement, identified by the President of the Institution of Civil Engineers.

• (3) All parties involved in settling any difference must use best endeavours to do so within 21 days from the date of a dispute first being notified in writing by one party to the other and in the absence of the difference being settled within that period the expert must be appointed within 21 days of the notification of the dispute.

• (4) The expert must—

• (a) invite the parties to make submission to the expert in writing and copied to the other party to be received by the expert within 21 days of the expert’s appointment;

• (b) permit a party to comment on the submissions made by the other party within 21 days of receipt of the submission;

• (c) issue a decision within 42 days of receipt of the submissions under sub-paragraph (b); and

• (d) give reasons for the decision.

• (5) Any determination by the expert is final and binding, except in the case of manifest error in which case the difference that has been subject to expert determination may be referred to and settled by arbitration under article 52 (arbitration).

• (6) The fees of the expert are payable by the parties in such proportions as the expert may determine or, in the absence of such determination, equally.

PART 6 — FOR THE PROTECTION OF LOCAL HIGHWAY AUTHORITIES

Application, etc.

53

• (1) The provisions of this Part of this Schedule apply for the protection of local highway authorities unless otherwise agreed in writing between the undertaker and a relevant highway authority.

• (2) An agreement for the purpose of sub-paragraph (1) includes, but is not limited to, an agreement made under article 17 (agreements with street authorities) of this Order, or under the 1980 Act.

• (3) Any approval or consent of a local highway authority required under this Part of this Schedule—

• (a) must not be unreasonably withheld or delayed;

• (b) must be given in writing;

• (c) in the case of a refusal must be accompanied by a statement of grounds for refusal; and

• (d) may be subject to any conditions as the local highway authority reasonably considers necessary.

54

• (1) In this Part of this Schedule—

• “bond sum” means the sum equal to 150% of the costs of carrying out the specified works (to include all the costs plus the commuted sum) or such other sum agreed between the undertaker and the relevant highway authority;

• “the cash surety” means the sum agreed between the undertaker and the relevant highway authority, acting reasonably;

• “commuted sum” means such reasonable sum calculated as provided for in paragraph 67 (commuted sums) of this Part of this Schedule to be used to fund the future cost of maintaining the specified works;

• “detailed design information” means such drawings, specifications and other information, as are relevant to and reasonably required in respect of any specified works, to comprise the following— site clearance details; boundary, environmental and mitigation fencing; road restraint systems (vehicle and pedestrian); drainage and ducting as required by DMRB CD 535 Drainage asset data and risk management and DMRB CS551 Drainage surveys – standards for Highways; earthworks as required by DMRB CD 535 Drainage asset data and risk management and DMRB CS551 Drainage surveys – standards for Highways; highway pavements, pavement foundations, kerbs, footways and paved areas; traffic signs and road markings; traffic signal equipment and associated signal phasing and timing detail; road lighting (including columns and brackets); electrical work for highway lighting and traffic signs; highway structures; landscaping, planting and any boundary features which will form part of the local highway; utility diversions insofar as in the existing or proposed local highway; a schedule of timings for the works, including dates and durations for any closures of any part of the local highway; stage 1 and stage 2 road safety audits prepared in accordance with paragraph 57 (road safety audits); traffic management proposals including any diversionary routes; a schedule of the existing local highway condition prior to commencement of construction related activities; a specification of the condition in which it is proposed that the local highway will be returned once the specified works have been completed; tracking plans, including a version of such plans in AutoCAD format or such other software format as the relevant highway authority may reasonably request; highway alignment drawings; drainage contour plans and drainage calculations; visibility splay plans; and any temporary works structures which are to be erected or retained under the Order or otherwise;

• “DMRB” means the Design Manual for Roads and Bridges or any replacement or modification of that standard for the time being in force;

• “final certificate” means the final certificate issued by a relevant highway authority under paragraph 63 (maintenance) of this Part of this Schedule;

• “maintenance period” means the period from the date of the provisional certificate being issued to the date of the final certificate being issued, unless otherwise agreed in writing between the undertaker and the relevant highway authority;

• “provisional certificate” means the certificate issued under paragraph 62 (provisional certificated) of this Part of this Schedule;

• “specification for highways works” means the specification for highways works published from time to time by the relevant highway authority setting out the requirements and approvals procedures for work, goods or materials used in the construction, alteration, improvement or maintenance of the local highway network; and

• “specified works” means any part of the authorised development that involves the construction, alteration or improvement of a local highway.

• (2) For the purposes of its obligations to procure a bond under this Part of this Schedule, the undertaker may procure a bond in relation to the specified works, and a separate bond in relation to the commuted sums, and in those circumstances references in this Part of this Schedule to “bond” and “bond sum” means both bonds together.

Detailed design information and commencement

55

Before commencing any specified works, the undertaker must—

• (a) provide to the relevant highway authority the detailed design information relating to those specified works and obtain the relevant highway authority’s written approval for those works; and

• (b) secure road space booking from the relevant highway authority, such road space booking approval not to be unreasonably withheld or delayed.

Security

56

The specified works must not commence until—

• (a) the undertaker procures that the specified works are secured by a bond from a bondsman first approved by the relevant highway authority, in a form agreed between the undertaker and the relevant highway authority, to indemnify the relevant highway authority against all losses, damages, costs or expenses arising from any breach of any one or more of the obligations of the undertaker in respect of the exercise of the powers under this Order and the specified works under the provisions of this Part of this Schedule provided that the maximum liability of the bond must not exceed the bond sum; and

• (b) the undertaker has provided the cash surety which may be utilised by the relevant highway authority in the event of the undertaker failing to make payments under paragraph 61 (payments) or to carry out works the need for which arises from a breach of one or more of the obligations of the undertaker under the provisions of this Part of this Schedule.

Road safety audits

57

• (1) Road safety audits required to be carried out by the undertaker under the provisions of this Part of this Schedule must be carried out in accordance with the Design Manual for Roads and Bridges standard GG119 or any replacement or modification of it.

• (2) No stage of any road safety audit that is required to be carried out by the undertaker under this Part of this Schedule in relation to any specified works is to begin until the relevant highway authority has approved in writing for that stage of road safety audit of those specified works—

• (a) the curriculum vitae of the persons carrying out the road safety audit; and

• (b) the road safety audit brief.

• (3) The specified works must not commence until a stage 1 and stage 2 road safety audit has been carried out and all recommendations raised in the audit or any exceptions are approved by the relevant highway authority.

• (4) Where the report of the stage 3 and 4 road safety audit identifies any recommended measures in respect of a local highway, the undertaker must carry out, at its own expense and to the reasonable satisfaction of the relevant highway authority, those measures identified as part of the stage 3 and 4 road safety audit provided that—

• (a) the undertaker has the powers to deliver the measures under this Order; and

• (b) the measures do not give rise to any new or materially different environmental effects in comparison with those identified in the environmental statement.

• (5) If by the operation of sub-paragraphs (4)(a) or (4)(b) the undertaker is not required to carry out the recommendations of a stage 3 or stage 4 road safety audit the relevant highway authority may instead carry out those recommendations and recover the reasonable costs of so doing from the undertaker.

Construction of the specified works

58

The specified works must be carried out by the undertaker to the reasonable satisfaction of the relevant highway authority in accordance with—

• (a) the relevant detailed design information approved by the relevant highway authority under paragraph 55 or as subsequently varied by agreement between the undertaker and the relevant highway authority;

• (b) the DMRB, the specification for highway works, together with all other relevant standards as required by the relevant highway authority to include, inter alia, all relevant interim advice notes, the Traffic Signs Manual and the Traffic Signs Regulations and General Directions 2016[^f00125] save to the extent that exceptions from those standards apply which have been approved by the relevant highway authority; and

• (c) all aspects of the Construction (Design and Management) Regulations 2015[^f00126] or any statutory amendment or variation of the same and in particular the undertaker, as client, must ensure that all client duties (as defined in the said regulations) are undertaken to the reasonable satisfaction of the relevant highway authority.

Inspections and testing of materials

59

• (1) The undertaker must allow and facilitate an appropriately qualified officer or officers of a relevant highway authority that have been nominated by that relevant highway authority (each being a “nominated officer”) to access and inspect at all reasonable times any part of the specified works during their construction and before a final certificate has been issued in respect of the specified works as is reasonably necessary to ensure that the works have been or are being carried out to the appropriate standard.

• (2) Any testing reasonably requested by the relevant highway authority of materials used in any specified works must be carried out at the undertaker’s expense and in accordance with the DMRB (or any other testing specification agreed by the undertaker and the relevant highway authority acting reasonably).

• (3) A relevant highway authority (or its agent) may test all or any materials used or proposed to be used in any specified works and the undertaker must provide such information, access and materials as is reasonably required to facilitate such testing.

• (4) The undertaker must, as soon as is reasonably practicable, provide the relevant highway authority with a copy of all test certificates and results relevant to the specified works that the relevant highway authority has requested in writing

• (5) The relevant highway authority must as soon as is reasonably practicable provide the undertaker with a copy of all test results and certificates relevant to the works that the undertaker has requested in writing.

• (6) In circumstances where any relevant work carried out by the undertaker is tested by the relevant highway authority pursuant to the provisions of this Part of this Schedule that test resulted in works being undone at the undertaker’s expense (acting reasonably) and found to be satisfactory then that expense must forthwith be reimbursed by the relevant highway authority provided that the relevant highway authority was given a reasonable opportunity by the undertaker to inspect the works at a time when the works could have been inspected without the need to incur the expense.

• (7) If any part of the specified works is constructed—

• (a) other than in accordance with the requirements of this Part of this Schedule; or

• (b) in a way that causes damage to the highway, highway structure or asset or any other land of the relevant highway authority,

the relevant highway authority may by notice in writing require the undertaker, at the undertaker’s own expense, to comply promptly with the requirements of this Part of this Schedule or remedy any damage notified to the undertaker under this Part of this Schedule, to the reasonable satisfaction of the relevant highway authority.

• (8) If during the carrying out of the authorised development the undertaker or its appointed contractors or agents causes damage to the local highway then the relevant highway authority may by notice in writing require the undertaker, at its own expense, to remedy the damage.

• (9) If within 28 days on which a notice under sub-paragraph (7) or sub-paragraph (8) is served on the undertaker (or in the event of there being, in the opinion of the relevant highway authority, a danger to highway users, within such lesser period as the relevant highway authority may stipulate), the undertaker has failed to take the steps required by that notice, the relevant highway authority may carry out the steps required of the undertaker and may recover any expenditure incurred by the relevant highway authority in so doing, such sum to be payable within 30 days of demand.

Defects in local highways constructed by the undertaker

60

• (1) Until such time as a final certificate has been issued in respect of any specified works, the undertaker must make good any defects in the specified works constructed by the undertaker to the reasonable satisfaction of the relevant highway authority.

• (2) The undertaker must submit to the relevant highway authority such details and information relating to making good any defects under sub-paragraph (1) as the relevant highway authority and the undertaker agree is reasonable in the circumstances.

Payments

61

• (1) The undertaker must pay to the relevant highway authority a sum equal to the whole of any costs and expenses which the relevant highway authority reasonably incurs (including costs and expenses for using internal or external staff and costs relating to any work which becomes abortive) in relation to the specified works and in relation to any approvals sought under this Order, or otherwise incurred under this Part of this Schedule, including—

• (a) the checking and approval of the information and any advice given to the undertaker relating to the design, specification and programme of the specified works generally;

• (b) the supervision of the specified works;

• (c) the checking and approval of the information required to determine approvals under this Order;

• (d) all reasonable legal, technical and administrative costs and disbursements incurred by the relevant highway authority in connection with sub-paragraphs (a)-(c); and

• (e) any value added tax which is payable by the relevant highway authority in respect of such costs and expenses and for which it cannot obtain reinstatement from HM Revenue and Customs,

together comprising “the costs”.

• (2) The undertaker must pay to the relevant highway authority upon demand and prior to such costs being incurred the total costs that the relevant highway authority reasonably believe will be properly and necessarily incurred by the relevant highway authority in undertaking any statutory procedure or preparing and bringing into force any traffic regulation order or orders necessary to carry out or for effectively implementing the authorised development.

• (3) The relevant highway authority must provide the undertaker with a fully itemised schedule showing its estimate of the relevant highway authority costs prior to the commencement of the specified works and the undertaker must pay to the relevant highway authority the estimate of the costs attributable to the specified works prior to commencing the specified works and in any event prior to the relevant highway authority incurring any cost.

• (4) If at any time after the payment referred to in sub-paragraph (3) has become payable, the relevant highway authority reasonably believes that the costs will exceed the estimated costs it may give notice to the undertaker of the amount that it believes the costs will exceed the estimate (“the excess”) and the undertaker must pay to the relevant highway authority within 28 days of the date of the notice a sum equal to the excess.

• (5) The relevant highway authority must give the undertaker a final account of the costs referred to in sub-paragraph (1) to (4) above within 30 days of the issue of the provisional certificate issued pursuant to paragraph 62 (provisional certificate).

• (6) Within 28 days of the issue of the final account—

• (a) if the final account shows a further sum as due to the relevant highway authority the undertaker must pay to the relevant highway authority the sum shown due to it; and

• (b) if the account shows that the payment or payments previously made by the undertaker have exceeded the costs incurred by the relevant highway authority, the relevant highway authority must refund the difference to the undertaker.

• (7) If any payment due under any of the provisions of this Part of this Schedule is not made on or before the date on which it falls due the party from whom it was due must at the same time as making the payment pay to the other party interest at 1% above the Bank of England base lending rate from time to time being in force for the period starting on the date upon which the payment fell due and ending with the date of payment of the sum on which interest is payable together with that interest.

Provisional certificate

62

• (1) Subject to sub-paragraph (2), when the undertaker considers that the specified works have reached completion so that they are available for use by the public it must apply to the relevant highway authority for a provisional certificate and must allow the relevant highway authority the opportunity to inspect the specified works to identify any defects or incomplete works (and the undertaker must make good such defects pursuant to paragraph 60 (defects in local highways constructed by the undertaker).

• (2) Following an application for a provisional certificate, the relevant highway authority must as soon as reasonably practicable—

• (a) inspect the specified works; and

• (b) provide the undertaker with a written list of any works that are required for the provisional certificate to be issued or confirmation that no further works are required for this purpose.

• (3) When—

• (a) a stage 3 road safety audit has been carried out in respect of the works in question and any recommended measures identified in the audit have been completed and approved by the relevant highway authority;

• (b) the relevant highway authority has been provided an opportunity to inspect the specified works and the undertaker has completed any further works or measures required to address any safety deficiencies or defects identified as a result of the inspection to the reasonable satisfaction of the relevant highway authority; and

• (c) the undertaker has paid the commuted sum to the relevant highway authority,

the relevant highway authority must promptly issue the provisional certificate to the undertaker.

• (4) The undertaker must submit a stage 4 road safety audit as required by and in line with the timescales stipulated in the road safety audit standard.

• (5) The undertaker must comply with the findings of the stage 4 road safety standard and must pay all reasonable costs of and incidental to such and provide updated as-built information to the relevant highway authority.

Maintenance

63

• (1) Notwithstanding article 12 (construction and maintenance of new, altered or diverted streets) of this Order, but subject to sub-paragraph (2), the undertaker must maintain the specified works throughout the maintenance period to a standard appropriate to their use by the public until the final certificate is issued in accordance with paragraph 64 (final certificate).

• (2) Nothing in sub-paragraph (1) makes the undertaker responsible during the maintenance period for the maintenance of any highway, street works or maintenance works—

• (a) undertaken by any person other than the undertaker; or

• (b) which do not form part of the specified works.

Final certificate

64

• (1) No sooner than 12 months from the date of issue of the provisional certificate the undertaker must apply in writing to the relevant highway authority for a final certificate in respect of the specified works.

• (2) Following receipt of the application for a final certificate, the relevant highway authority must as soon as is reasonably practicable—

• (a) inspect the specified works; and

• (b) provide the undertaker with a written list of any further works required to remedy or make good any defect or damage in the local highway network, or confirmation that no such works are required for this purpose.

• (3) The undertaker must carry out such works notified to it pursuant to sub-paragraph (2).

• (4) The relevant highway authority must promptly issue the final certificate to the undertaker once the relevant highway authority is reasonably satisfied in relation to the specified works that—

• (a) any defects or damage arising from defects during the maintenance period and any defects notified to the undertaker pursuant to sub-paragraph (2) and any remedial works required as a result of the stage 4 road safety audit have been made good to the reasonable satisfaction of the relevant highway authority;

• (b) the costs have been paid to the relevant highway authority in full;

• (c) the undertaker has provided the relevant highway authority with a health and safety file in respect of the specified works to the relevant highway authority’s reasonable satisfaction; and

• (d) the undertaker has provided the relevant highway authority with such detailed design information as the relevant highway authority has requested (acting reasonably) in relation to the specified works as built.

• (5) The issue of a final certificate by a relevant highway authority amounts to an acknowledgment by the relevant highway authority that the construction alteration or diversion (as the case may be) of a highway has been completed to its reasonable satisfaction for the purposes of article 12 (construction and maintenance of new, altered or diverted streets) of this Order.

• (6) On the issue of the final certificate to the undertaker the bond is to be released in full.

Emergency work

65

Nothing in this Part of this Schedule prevents a relevant highway authority from carrying out any work or taking such action as deemed appropriate forthwith without prior notice to the undertaker in the event of an emergency or danger to the public.

Land interests

66

Following the issuing of the final certificate under paragraph 63 (maintenance) in respect of any part of a local highway, the undertaker must, if requested by the relevant highway authority, in respect of a local highway which is to be maintainable by the relevant highway authority following, and as a result of, the completion of those works either—

• (a) execute and complete a transfer to the relevant highway authority at nil consideration of any land and rights which have been compulsorily acquired under this Order and which are necessary for the maintenance and operation of a local highway; or

• (b) exercise article 24 (compulsory acquisition of land) and article 27 (compulsory acquisition of rights and imposition of restrictive covenants) of this Order to directly vest in the relevant highway authority land or rights which are necessary for the maintenance and operation of a local highway,

unless otherwise agreed between the undertaker and the relevant highway authority.

Commuted sums

67

• (1) The relevant highway authority must provide to the undertaker an estimate of the commuted sum, calculated in accordance with the relevant highway authority’s published guidance or any successor guidance, prior to the commencement of the specified works.

• (2) The undertaker must pay to the relevant highway authority the commuted sum prior to the issue of the provisional certificate.

Insurance

68

Prior to the commencement of specified works the undertaker must ensure that such public liability insurance in the minimum sum of £10,000,000 as the local highway authority may reasonably require for the specified works in question is in place with an insurer against any legal liability for damage loss or injury to any property or any person as a direct result of the execution of specified works.

Indemnity

69

• (1) Subject to sub-paragraphs (2) and (3) the undertaker fully indemnifies the relevant highway authority from and against all costs, claims, expenses, damages, losses and liabilities suffered by the relevant highway authority arising from the construction, maintenance or use of the specified works or exercise of or failure to exercise any power under this Order within 14 days of demand.

• (2) Sub-paragraph (1) does not apply to costs, claims, expenses, damages, losses and liabilities which were caused by or arose out of the negligence or default of the relevant highway authority or its officers, servants, agents or contractors or any person or body for whom it is responsible.

• (3) If any person makes a claim or notifies an intention to make a claim against the relevant highway authority which may reasonably be considered likely to give rise to a liability under this paragraph then the relevant highway authority must—

• (a) as soon as reasonably practicable give the undertaker reasonable notice of any such third party claim or demand, specifying the nature of the indemnity liability in reasonable detail; and

• (b) not make any admission of liability, agreement or compromise in relation to the indemnity liability without first consulting the undertaker and considering their representations.

• (4) The relevant highway authority must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands and penalties to which the indemnity under this paragraph applies where it is within the relevant highway authority’s reasonable gift and control to do so and which expressly excludes any obligation to mitigate liability arising from third parties which is outside of the relevant highway authority’s control. The relevant highway authority must provide an explanation of how any claim has been mitigated or minimised or where mitigation or minimisation is not possible an explanation as to why, if reasonably requested to do so by the undertaker and only in relation to costs that are incurred which are within the relevant highway authority’s direct control.

PART 7 — FOR THE PROTECTION OF RAILWAY INTERESTS

Application

70

The provisions of this Part of this Schedule have effect for the protection of Network Rail Infrastructure Limited unless otherwise agreed in writing between the undertaker and Network Rail Infrastructure Limited.

Interpretation

71

In this Part of this Schedule—

• “construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;

• “the engineer” means an engineer appointed by Network Rail for the purposes of this Order;

• “network licence” means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of their powers under section 8 (licences) of the Railways Act 1993[^f00127];

• “Network Rail” means Network Rail Infrastructure Limited (company number 02904587, whose registered office is at Waterloo General Office, London, England SE1 8SW) and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159[^f00128] (meaning of “subsidiary” etc) of the Companies Act 2006) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited and any successor to Network Rail Infrastructure Limited’s railway undertaking;

• “plans” includes sections, designs, design data, software, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;

• “railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease;

• “railway property” means any railway belonging to Network Rail and— any station, land, works, apparatus and equipment belonging to Network Rail or connected with any such railway; and any easement or other property interest held or used by Network Rail or a tenant or licensee of Network Rail for the purposes of such railway or works, apparatus or equipment;

• “regulatory consents” means any consent or approval required under— the Railways Act 1993; the network licence; and/or any other relevant statutory or regulatory provisions; by either the Office of Rail and Road or the Secretary of State for Transport or any other competent body including change procedures and any other consents, approvals of any access or beneficiary that may be required in relation to the authorised development;

• “specified work” means so much of any of the authorised development as is situated upon across, under, over or within 15 metres of, or may in any way adversely affect railway property and includes the maintenance of such works under the powers conferred by article 4 (maintenance of authorised development).

Approval of plans

72

• (1) Where under this Part of this Schedule Network Rail is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute.

• (2) In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, Network Rail must—

• (a) co-operate with the undertaker with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and

• (b) use their reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised development pursuant to this Order.

73

• (1) The undertaker must before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work must not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration (article 52).

• (2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated their approval or disapproval of those plans and the grounds of such disapproval the undertaker may serve upon the engineer written notice requiring the engineer to intimate approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from the undertaker, and if by the expiry of the further 28 days the engineer has not intimated approval or disapproval, the engineer is deemed to have approved the plans as submitted.

• (3) If by the end of the period of 28 days beginning with the date on which written notice was served upon the engineer under sub-paragraph (2), Network Rail gives notice to the undertaker that Network Rail desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker desires such part of the specified work to be constructed, Network Rail must construct it without unnecessary delay on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the undertaker.

• (4) When signifying their approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s reasonable opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using the same (including any relocation de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes must be constructed by Network Rail or by the undertaker, if Network Rail so desires, and such protective works must be carried out at the expense of the undertaker in either case without unnecessary delay and the undertaker must not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to their reasonable satisfaction.

74

• (1) Any specified work and any protective works to be constructed by virtue of paragraph 73(4) must, when commenced, be constructed—

• (a) without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 73;

• (b) under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;

• (c) in such a manner as to cause as little damage as is possible to railway property; and

• (d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic thereon and the use by passengers of railway property.

• (2) If any damage to railway property or any such interference or obstruction is caused by the carrying out of, or in consequence of the construction of a specified work, the undertaker must, notwithstanding any such approval, make good such damage and must pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any direct loss which it may sustain by reason of any such damage, interference or obstruction.

• (3) Nothing in this Part of this Schedule imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents or any liability on Network Rail with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.

75

The undertaker must—

• (a) at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and

• (b) supply the engineer with all such information as they may reasonably require with regard to a specified work or the method of constructing it.

76

Network Rail must at all times afford reasonable facilities to the undertaker and the undertaker’s agents for access to any works carried out by Network Rail under this Part of this Schedule during their construction and must supply the undertaker with such information as the undertaker may reasonably require with regard to such works or the method of constructing them.

77

• (1) If any permanent or temporary alterations or additions to railway property are reasonably necessary in consequence of the construction or completion of a specified work in order to ensure the safety of railway property or the continued safe operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail and if Network Rail gives to the undertaker reasonable notice which is no later than 56 days’ notice (or in the event of an emergency or safety critical issue such notice as is reasonable in the circumstances) of its intention to carry out such alterations or additions (which must be specified in the notice including details of the reasonable cost of carrying out – and in the case of any permanent alterations or additions, maintaining, working and, when necessary, renewing – those alterations or additions in the notice), the undertaker must pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions.

• (2) If during the construction of a specified work by the undertaker, Network Rail gives notice to the undertaker that Network Rail desires itself to construct that part of the specified work which in the reasonable opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker decides that part of the specified work is to be constructed, Network Rail must assume construction of that part of the specified work and the undertaker must, notwithstanding any such approval of a specified work under paragraph 73(3), pay to Network Rail all reasonable and proper expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work.

• (3) The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 78(a) provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require.

• (4) If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such saving must be set off against any sum payable by the undertaker to Network Rail under this paragraph.

78

The undertaker must repay to Network Rail all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail—

• (a) in constructing any part of a specified work on behalf of the undertaker as provided by paragraph 73(3) or in constructing any protective works under the provisions of paragraph 73(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

• (b) in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of the construction of a specified work;

• (c) in respect of the employment or procurement of the services of any inspectors, signallers, watch-persons and other persons whom it is reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work;

• (d) in respect of any special traffic working resulting from any speed restrictions which may in the opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or from the substitution or diversion of services which may be reasonably necessary for the same reason; and

• (e) in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work.

79

• (1) In this paragraph—

• “EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail apparatus generated by the operation of the authorised development where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus; and

• “Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised development) which are owned or used by Network Rail for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.

• (2) This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 73(1) for the relevant part of the authorised development giving rise to EMI (unless the undertaker has been given notice in writing before the approval of those plans of the intention to make such change).

• (3) Subject to sub-paragraph (5), the undertaker must in the design and construction of the authorised development take all measures necessary to prevent EMI and must establish with Network Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

• (4) In order to facilitate the undertaker’s compliance with sub-paragraph (3)—

• (a) the undertaker must consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter where reasonably required must continue to consult with Network Rail (both before and after formal submission of plans under paragraph 73(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

• (b) Network Rail must make available to the undertaker all information in the possession of Network Rail reasonably requested by the undertaker in respect of Network Rail’s apparatus identified pursuant to sub-paragraph (a); and

• (c) Network Rail must allow the undertaker reasonable facilities for the inspection of Network Rail’s apparatus identified pursuant to sub-paragraph (a).

• (5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail must not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution must be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 73(1) has effect subject to this sub-paragraph.

• (6) Prior to the commencement of operation of the specified work the undertaker shall test the use of the specified work in a manner that shall first have been agreed with Network Rail and if, notwithstanding any measures adopted pursuant to sub-paragraph (3), the testing of the specified work causes EMI then the undertaker must immediately upon receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the undertaker’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to the Network Rail’s apparatus.

• (7) In the event of EMI having occurred—

• (a) the undertaker must afford reasonable facilities to Network Rail for access to the undertaker’s works in the investigation of such EMI;

• (b) Network Rail must afford reasonable facilities to the undertaker for access to Network Rail’s apparatus in the investigation of such EMI;

• (c) Network Rail must make available to the undertaker any additional material information in its possession reasonably requested by the undertaker in respect of Network Rail’s apparatus or such EMI; and

• (d) the undertaker shall not allow the use or operation of the authorised development in a manner that has caused or will cause EMI until measures have been taken in accordance with this paragraph to prevent EMI occurring.

• (8) Where Network Rail approves modifications to Network Rail’s apparatus pursuant to sub-paragraphs (5) or (6)—

• (a) Network Rail must allow the undertaker reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus; and

• (b) any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs must be carried out and completed by the undertaker in accordance with paragraph 74.

• (9) For the purpose of paragraph 78(a) any modifications to Network Rail’s apparatus under this paragraph is deemed to be protective works referred to in that paragraph.

• (10) In relation to any dispute arising under this paragraph the reference in article 52 (arbitration) to the Institution of Civil Engineers is to be read as a reference to the Institution of Engineering and Technology.

80

If at any time after the completion of a specified work, not being a work vested in Network Rail, Network Rail gives reasonable notice to the undertaker informing it that the state of maintenance of any part of the specified work reasonably appears to be such as adversely affects the operation of railway property, the undertaker must, on receipt of such reasonable notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect railway property.

81

The undertaker must not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail unless it has first consulted Network Rail and it must comply with Network Rail’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.

82

Any additional expenses which Network Rail may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work must, provided that a minimum of 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaid by the undertaker to Network Rail.

83

• (1) The undertaker must pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule (subject to article 48 (no double recovery)) which may be occasioned to or reasonably incurred by Network Rail—

• (a) by reason of the construction, maintenance or operation of a specified work or the failure thereof;

• (b) by reason of any act or omission of the undertaker or of any person in the undertaker’s employ or of the undertaker’s contractors or others whilst engaged upon a specified work;

• (c) by reason of any act or omission of the undertaker or any person in its employ or of its contractors or others whilst accessing to or egressing from a specified work;

• (d) in respect of any damage caused to or additional maintenance required to, railway property or any such interference or obstruction or delay to the operation of the railway as a result of access to or egress from a specified work by the undertaker or any person in its employ or of its contractors or others; or

• (e) in respect of costs incurred by Network Rail in complying with any railway operational procedures or obtaining any regulatory consents which procedures are required to be followed or consents obtained to facilitate the carrying out or operation of a specified work,

and the undertaker must indemnify and keep indemnified Network Rail from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission: and the fact that any act or thing may have been done by Network Rail on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision does not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this sub-paragraph.

• (2) Network Rail must—

• (a) give the undertaker reasonable written notice of any such claims or demands;

• (b) not make any settlement or compromise of such a claim or demand without the prior consent of the undertaker;

• (c) take such steps as are within its control and are reasonable in the circumstances to mitigate any liabilities relating to such claims or demands; and

• (d) keep the undertaker informed in relation to the progress of any such claims and demands and pay due regard to the undertaker’s reasonable representations in relation to them.

• (3) The sums payable by the undertaker under sub-paragraph (1) shall if relevant include a sum equivalent to the relevant costs.

• (4) Subject to the terms of any agreement between Network Rail and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail must promptly pay to each train operator the amount of any sums which Network Rail receives under sub-paragraph (3) which relates to the relevant costs of that train operator.

• (5) The obligation under sub-paragraph (3) to pay Network Rail the relevant costs shall, in the event of default, be enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator pursuant to sub-paragraph (4).

• (6) In this paragraph—

• “the relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any specified work including but not limited to any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work or any such act or omission as mentioned in sub-paragraph (1); and

• “train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993.

84

Network Rail must, on receipt of a request from the undertaker, from time to time provide the undertaker free of charge with written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Part of this Schedule (including the amount of the relevant costs mentioned in paragraph 83 and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made pursuant to this Part of this Schedule (including any claim relating to those relevant costs).

85

In the assessment of any sums payable to Network Rail under this Part of this Schedule there must not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Part of this Schedule or increasing the sums so payable.

86

The undertaker and Network Rail may, subject in the case of Network Rail to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to the undertaker of—

• (a) any railway property shown on the works and land plans and described in the book of reference;

• (b) any lands, works or other property held in connection with any such railway property; and

• (c) any rights and obligations (whether or not statutory) of Network Rail relating to any railway property or any lands, works or other property referred to in this paragraph.

87

Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part I of the Railways Act 1993.

88

The undertaker must give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent, under article 8 (consent to transfer benefit of Order) of this Order, and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)—

• (a) the nature of the application to be made;

• (b) the specified works to which the application relates; and

• (c) the name and address of the person acting for the Secretary of State to whom the application is to be made.

89

The undertaker must no later than 28 days from the date that the plans and documents submitted to and certified by the Secretary of State in accordance with article 50 (certification of documents etc.) are certified by the Secretary of State in accordance with that article, provide a set of those plans and documents to Network Rail in a format specified by Network Rail.

90

In relation to any dispute arising under this Part of this Schedule (except for those disputes referred to in paragraph 79(10)) the provisions in article 52 (arbitration) are to apply.

SCHEDULE 9 — DOCUMENTS TO BE CERTIFIED

(1) Document	(2) Document Reference	(3) Version
Air Noise Management Plan – regulation 5(2)(o)	TR020001/APP/8.125	Revision 2
Airport Access Road and Luton DART Long Section Plans – Regulations 5(2)(o)	TR020001/APP/4.11	Issue 1
Airport Boundary Plans – Regulation 5(2)(q)	TR020001/APP/4.12	Revision 2
Book of Reference – Regulation 5(2)(d)	TR020001/APP/3.02	Revision 3
Bus and Coach Study	TR020001/APP/8.122	Revision 2
Crown Land Plans – Regulation 5(2)(n)	TR020001/APP/4.14	Revision 2
Design Principles – Regulation 5(2)(q)	TR020001/APP/7.09	Revision 4
Environmental Statement – Chapter 1 – Regulation 5(2)(a)	TR020001/APP/5.01	Issue 1
Environmental Statement – Chapter 2 – Regulation 5(2)(a)	TR020001/APP/5.01	Issue 1
Environmental Statement – Chapter 3 – Regulation 5(2)(a)	TR020001/APP/5.01	Revision 1
Environmental Statement – Chapter 4 – Regulation 5(2)(a)	TR020001/APP/5.01	Revision 3
Environmental Statement – Chapter 5 – Regulation 5(2)(a)	TR020001/APP/5.01	Revision 1
Environmental Statement – Chapter 6 – Regulation 5(2)(a)	TR020001/APP/5.01	Revision 1
Environmental Statement – Chapter 7 – Regulation 5(2)(a)	TR020001/APP/5.01	Revision 1
Environmental Statement – Chapter 8 – Regulation 5(2)(a)	TR020001/APP/5.01	Revision 1
Environmental Statement – Chapter 8: CONFIDENTIAL – Regulation 5(2)(a)	TR020001/APP/5.01	Issue 1
Environmental Statement – Chapter 9 – Regulation 5(2)(a)	TR020001/APP/5.01	Issue 1
Environmental Statement – Chapter 10 – Regulation 5(2)(a)	TR020001/APP/5.01	Revision 1
Environmental Statement – Chapter 11 – Regulation 5(2)(a)	TR020001/APP/5.01	Issue 1
Environmental Statement – Chapter 12 – Regulation 5(2)(a)	TR020001/APP/5.01	Revision 1
Environmental Statement – Chapter 13 – Regulation 5(2)(a)	TR020001/APP/5.01	Revision 2
Environmental Statement – Chapter 14 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 2
Environmental Statement – Chapter 15 – Regulation 5(2)(a)	TR020001/APP/5.03	Issue 1
Environmental Statement – Chapter 16 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 3
Environmental Statement – Chapter 17 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Chapter 18 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 2
Environmental Statement – Chapter 19 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Chapter 20 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 2
Environmental Statement – Chapter 21 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 2
Environmental Statement – Chapters 21: CONFIDENTIAL – Regulation 5(2)(a)	TR020001/APP/5.01	Issue 1
Environmental Statement – Appendix 1.1 – Regulation 5(2)(a)	TR020001/APP/5.05	Issue 1
Environmental Statement – Appendix 1.2 – Regulation 5(2)(a)	TR020001/APP/5.05	Issue 1
Environmental Statement – Appendix 1.3 – Regulation 5(2)(a)	TR020001/APP/5.05	Issue 1
Environmental Statement – Appendix 1.4 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 4.1 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 2
Environmental Statement – Appendix 4.2 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 3
Environmental Statement – Appendix 4.3 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 5.1 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 5.2 Part A – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 5.2 Part B – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 5.3 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 6.1 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 6.2 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 6.3 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 6.4 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 6.5 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 6.6 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 7.1 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 7.2 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 7.3 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 7.4 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 7.5 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 8.1 Part A – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 8.1 Part A (CONFIDENTIAL) – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 8.1 Part B – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 8.1 Part B (CONFIDENTIAL)– Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 8.2 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 8.2 (CONFIDENTIAL) – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 8.3 – Regulation 5(2)(a)	TR020001/APP/5.08	Issue 1
Environmental Statement – Appendix 8.4 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 8.5 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 8.6 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 8.7 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 8.8 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 8.9 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 8.10 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 8.10 (CONFIDENTIAL) – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 10.1 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 10.2 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 10.3 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 10.4 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 10.5 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 2
Environmental Statement – Appendix 10.6 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 2
Environmental Statement – Appendix 10.7 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 11.1 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 12.1 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 12.2 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 13.1 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 13.2 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 13.3 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 13.4 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 13.5 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 2
Environmental Statement – Appendix 14.1 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 14.2 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 14.3 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 2
Environmental Statement – Appendix 14.4 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 14.5 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 2
Environmental Statement – Appendix 14.6 Viewpoints 1-6 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 14.6 Viewpoints 7-10 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 14.6 Viewpoints 11-17 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 14.6 Viewpoints 18-24 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 14.6 Viewpoints 25-32 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 14.6 Viewpoints 33-41 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 14.6 Viewpoints 42-50 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 14.6 Viewpoints 51-61 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 2
Environmental Statement – Appendix 14.7 Viewpoints 1, 5, 6 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 4
Environmental Statement – Appendix 14.7 Viewpoints 10B, 13, 14, 17, 17A – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 5
Environmental Statement – Appendix 14.7 Viewpoints 18, 19, 23, 24, 25 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 4
Environmental Statement – Appendix 14.7 Viewpoints 26, 29, 30, 31, 34, 36, 37 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 4
Environmental Statement – Appendix 14.7 Viewpoints 46, 48, 50 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 4
Environmental Statement – Appendix 14.7 Viewpoints 53, 56, 61 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 2
Environmental Statement – Appendix 14.8 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 14.9 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 14.10 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 15.1 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 16.1 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 3
Environmental Statement – Appendix 16.2 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 2
Environmental Statement – Appendix 16.3 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 17.1 Part A – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 17.1 Part B – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 17.1 Part C – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 17.1 Part D – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 17.1 Part E – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 17.1 Part F – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 17.1 Part G – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 17.1 Part H – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 17.2 Part A – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 17.2 Part B – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 17.3 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 17.4 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 17.5 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 17.6 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 17.7 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 18.1 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 18.2 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 18.3 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 3
Environmental Statement – Appendix 18.4 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 18.5 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 19.1 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 19.2 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 20.1 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 2
Environmental Statement – Appendix 20.2 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 20.3 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 2
Environmental Statement – Appendix 20.4 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 2
Environmental Statement – Appendix 20.5 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 20.6 – Regulation 5(2)(a)	TR020001/APP/5.02	Revision 1
Environmental Statement – Appendix 21.1 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 21.2 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Appendix 21.3 – Regulation 5(2)(a)	TR020001/APP/5.02	Issue 1
Environmental Statement – Figure 1.1 – Regulation 5(2)(a)	TR020001/APP/5.03	Issue 1
Environmental Statement – Figures 2.1-2.4 – Regulation 5(2)(a)	TR020001/APP/5.03	Issue 1
Environmental Statement – Figures 4.1-4.15 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figure 6.1 – Regulation 5(2)(a)	TR020001/APP/5.03	Issue 1
Environmental Statement – Figures 7.1-7.3a – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 7.3b-7.26 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 7.27-7.43 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 8.1-8.4 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 8.1-8.4 (CONFIDENTIAL) – Regulation 5(2)(a)	TR020001/APP/5.03	Issue 1
Environmental Statement – Figures 10.1-10.9 – Regulation 5(2)(a)	TR020001/APP/5.03	Issue 1
Environmental Statement – Figures 11.1-11.3 – Regulation 5(2)(a)	TR020001/APP/5.03	Issue 1
Environmental Statement – Figures 13.1-13.2 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 14.1-14.17 – Regulation 5(2)(a)	TR020001/APP/5.03	Issue 1
Environmental Statement – Figures 15.1-15.3 – Regulation 5(2)(a)	TR020001/APP/5.03	Issue 1
Environmental Statement – Figures 16.1-16.4 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 16.5-16.10 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 16.11-16.16 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 16.17a-16.21 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 16.22-16.28 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 16.29-16.36 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 16.37-16.42 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 16.43a-16.48 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 16.49-16.56 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 16.57-16.62 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 16.63-16.68b – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 16.69-16.76 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 16.77-16.82 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 16.83-16.88 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 16.89-16.94 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 16.95-16.100b – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 16.101-16.104 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 17.1-17.3 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 18.1-18.3 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 1
Environmental Statement – Figures 19.1-19.2 – Regulation 5(2)(a)	TR020001/APP/5.03	Issue 1
Environmental Statement – Figures 20.1-20.7 – Regulation 5(2)(a)	TR020001/APP/5.03	Revision 2
Environmental Statement – Figures 21.1-21.4 – Regulation 5(2)(a)	TR020001/APP/5.03	Issue 1
Mitigation Route Map – Regulation 5(2)(a)	TR020001/APP/5.09	Revision 1
Glint and Glare Assessment – Regulation 5(2)(a)	TR020001/APP/5.13	Revision 2
Framework Travel Plan – Regulation 5(2)(q)	TR020001/APP/7.13	Revision 2
Green Controlled Growth Framework – Regulation 5(2)(q)	TR020001/APP/7.08	Revision 6
Green Controlled Growth Framework – Appendix A – Regulation 5(2)(q)	TR020001/APP/7.08	Revision 6
Green Controlled Growth Framework – Appendix B – Regulation 5(2)(q)	TR020001/APP/7.08	Revision 5
Green Controlled Growth Framework – Appendix C – Regulation 5(2)(q)	TR020001/APP/7.08	Revision 4
Green Controlled Growth Framework – Appendix D – Regulation 5(2)(q)	TR020001/APP/7.08	Revision 4
Green Controlled Growth Framework – Appendix E – Regulation 5(2)(q)	TR020001/APP/7.08	Revision 2
Green Controlled Growth Framework – Appendix F – Regulation 5(2)(q)	TR020001/APP/7.08	Revision 3
Green Controlled Growth Framework Explanatory Note – Regulation 5(2)(q)	TR020001/APP/7.08	Revision 5
Land Plans – Regulations 5(2)(i)	TR020001/APP/4.03	Revision 2
Outline Ground Noise Management Plan – Regulation 5(2)(a)	TR020001/APP/8.46	Revision 1
Outline Transport Related Impacts Monitoring and Mitigation Approach – Regulation 5(2)(q)	TR020001/APP/7.02	Revision 4
Scheme Layout Plans – Regulation 5(2)(q)	TR020001/APP/4.02	Revision 2
Special Category Land Plans –Regulation 5(2)(i)(iv)	TR020001/APP/4.10	Revision 1
Strategic Landscape Masterplan – Regulation 5(2)(o)	TR020001/APP/5.10	Issue 1
Streets, Rights of Way and Access Plans – Regulation 5(2)(k)	TR020001/APP/4.08	Revision 1
Sustainable Transport Fund	TR020001/APP/8.119	Revision 2
Works Plans – Regulation 5(2)(j) – Part 1 of 6	TR020001/APP/4.04	Revision 1
Works Plans – Regulation 5(2)(j) – Part 2 of 6	TR020001/APP/4.04	Revision 1
Works Plans – Regulation 5(2)(j) –Part 3 of 6	TR020001/APP/4.04	Revision 1
Works Plans – Regulation 5(2)(j) –Part 4 of 6	TR020001/APP/4.04	Revision 1
Works Plans – Regulation 5(2)(j) –Part 5 of 6	TR020001/APP/4.04	Revision 1
Works Plans – Regulation 5(2)(j) –Part 6 of 6	TR020001/APP/4.04	Revision 1

Signed

Signed by authority of the Secretary of State for Transport

Gareth Leigh — Head of the Transport and Works Act Orders Unit — Department for Transport — 3rd April 2025

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises London Luton Airport Limited (referred to in this Order as the undertaker) to undertake works to redevelop Luton Airport in Luton, Bedfordshire and carry out all associated works.

The Order permits London Luton Airport Limited to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.

The Order also includes provisions in connection with the maintenance and operation of the authorised development.

A copy of the documents referred to in Schedule 9 to this Order and certified in accordance with article 50 (certification of documents, etc.) of this Order may be inspected free of charge during normal working hours at Hart House Business Centre, Kimpton Road, Luton, LU2 0LA, or any other registered office that may exist at the time of such inspection.

Footnotes