The Gatwick Airport (Northern Runway Project) Development Consent Order 2025

• Citation: S.I. 2025/1054
• Sections: 205

Section 1 Citation and commencement

This Order may be cited as the Gatwick Airport (Northern Runway Project) Development Consent Order 2025 and comes into force on 12th October 2025.

Section 2 Interpretation

(1) In this Order—

“ the 1961 Act ” means the Land Compensation Act 1961 ;

“ the 1965 Act ” means the Compulsory Purchase Act 1965 ;

“ the 1980 Act ” means the Highways Act 1980 ;

“ the 1981 Act ” means the Compulsory Purchase (Vesting Declarations) Act 1981 ;

“ the 1984 Act ” means the Road Traffic Regulation Act 1984 ;

“ the 1990 Act ” means the Town and Country Planning Act 1990 ;

“ the 1991 Act ” means the New Roads and Street Works Act 1991 ;

“ the 2008 Act ” means the Planning Act 2008 ;

“ the 2015 Regulations ” means the Town and Country Planning (General Permitted Development) (England) Order 2015 ;

“ address ” includes any number or address for the purposes of electronic transmission;

“ airport ” means London Gatwick Airport, an airport within the meaning given in section 66 (airports) of the Civil Aviation Act 2012 comprised of the area shown on the airport boundary plan;

“ airport boundary plan ” means the document of that description listed in Schedule 12 (documents to be certified) and certified by the Secretary of State as the airport boundary plan for the purposes of this Order;

“ airport road ” means a road (including both highways and roads for which public access is restricted) located within the airport and, where only part of a road is located within the airport, includes that part;

“apparatus” unless otherwise provided for, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

“ associated development ” has the same meaning as in section 115 (development for which development consent may be granted) of the 2008 Act;

“ authorised development ” means the development and associated development described in Schedule 1 (authorised development) or any part of it, which is development within the meaning of section 32 (meaning of “ development ”) of the 2008 Act;

“ book of reference ” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the book of reference for the purposes of this Order;

“ building ” includes any structure or erection or any part of a building, structure or erection;

“ carriageway ” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act and includes part of a carriageway;

“ CBC ” means Crawley Borough Council;

“ commence ” means the carrying out of any material operation (as defined in section 155 (when development begins) of the 2008 Act) forming part, or carried out for the purposes, of the authorised development other than operations consisting of—

remedial work in respect of any contamination or adverse ground conditions;

environmental (including archaeological) surveys and investigation;

investigations for the purpose of assessing ground conditions;

site or soil surveys;

erection of fencing to site boundaries or marking out of site boundaries;

removal of hedgerows, trees and shrubs;

installation of amphibian and reptile fencing;

the diversion or laying of services;

ecological mitigation measures;

receipt and erection of construction plant and equipment;

erection of temporary buildings and structures;

site preparation and site clearance;

establishment of construction compounds;

establishment of temporary haul roads; and

the temporary display of site notices, advertisements or information,

and “commencement” and “commenced” are to be construed accordingly;

“ consolidated environmental statement ” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the consolidated environmental statement for the purposes of this Order;

“ code of construction practice ” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the code of construction practice for the purposes of this Order;

“ cycle track ” has the same meaning as in section 329(1) of the 1980 Act and for the purposes of this Order includes a right of way on foot;

“ discharging authority ” means the body responsible for giving any endorsement, agreement or approval required by a requirement;

“ electronic transmission ” means a communication transmitted—

by means of an electronic communications network; or

by other means but while in electronic form,

and in this definition “ electronic communications network ” has the same meaning as in section 32(1) of the Communications Act 2003 ;

“ environmental statement ” means the document submitted by the undertaker in support of its application for development consent and detailed in the consolidated environmental statement;

“ existing northern runway ” means the airport’s northern runway as configured and used at the date of this Order;

“ footway ” and “ footpath ” have the same meaning as in section 329(1) of the 1980 Act and include part of a footway or footpath;

“ highway ” and “ highway authority ” have the same meaning as in sections 328 (meaning of highway) and 1 (highway authorities: general provision) (respectively) of the 1980 Act and “ highway ” includes part of a highway;

“ land plans ” means the plans of that description listed in Schedule 14 and certified by the Secretary of State as the land plans for the purposes of this Order;

“ limits of works ” means the limits of works referred to in article 6 (limits of works);

“ local highway ” means a highway—

which is not an airport road; and

for which National Highways is not (and will not be upon completion of any relevant works) the highway authority;

“ local highway authority ” means the highway authority in respect of the local highway in question;

“ local highway works ” means the construction or alteration of any local highway authorised by this Order;

“ main runway ” means the airport’s main runway being the runway located immediately to the south of the existing northern runway and which is used for routine take-offs and landings of aircraft;

“ maintain ” in relation to the authorised development includes to inspect, repair, adjust, alter, remove, refurbish, replace, improve or reconstruct to the extent that such works do not give rise to any materially new or materially different environmental effects from those identified in the environmental statement and any derivative of “ maintain ” is to be construed accordingly;

“ MVDC ” means Mole Valley District Council;

“ National Highways ” means National Highways Limited (company number 09346363) whose registered address is at Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ;

“ national highway works ” means the construction or alteration of any highway authorised by this Order for which National Highways is, or will be once the works are complete, the highway authority;

“ Order land ” means the land shown shaded pink, blue or green on the land plans and described in the book of reference;

“ Order limits ” means the limits shown on the works plans within which the authorised development may be carried out;

“ outline landscape and ecology management plan ” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the outline landscape and ecology management plan for the purposes of this Order;

“ owner ”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981 ;

“ outline arboricultural and vegetation method statement ” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the outline arboricultural and vegetation method statement for the purposes of this Order;

“ parameter plans ” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the parameter plans for the purposes of this Order;

“ RBBC ” means Reigate and Banstead Borough Council;

“ relevant highway authority ” means, in any given provision of this Order, the highway authority for the highway to which the provision refers or relates;

“ relevant planning authority ” means in any given provision of this Order, the planning authority, as defined in in section 1 (local planning authorities: general) of the 1990 Act, for the area of land to which the provision refers or relates;

“ replacement land ” has the same meaning as in section 131(12) (commons, open spaces etc: compulsory acquisition of land) of the 2008 Act;

“ repositioned northern runway ” means the existing northern runway as amended by Work No. 1;

“ requirement ” means a requirement set out in Schedule 2 (requirements), and a reference to a numbered requirement is a reference to the requirement set out in the paragraph of the same number in that Schedule;

“ rights of way and access plans ” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the rights of way and access plans for the purposes of this Order;

“ special category land ” means land forming part of a common, open space or fuel or field garden allotment, as identified shaded orange and blue on the special category land plans;

“ special category land plans ” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the special category land plans for the purposes of this Order;

“ start date ” means the later of the day after—

the day on which the period for legal challenge in respect of this Order under section 118 of the 2008 Act expires; or

the final determination of any legal challenge under that section;

“ statutory undertaker ” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) or section 138(4A) (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act;

“ street ” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

“ street authority ”, in relation to a street, has the same meaning as in section 49 (the street authority) of the 1991 Act;

“ surface access general arrangements ” means the documents listed in Schedule 12 and certified by the Secretary of State as the surface access general arrangements for the purposes of this Order;

“ surface access engineering section drawings ” means the documents listed in Schedule 12 and certified by the Secretary of State as the surface access engineering section drawings for the purposes of this Order;

“ surface access structure section drawings ” means the documents listed in Schedule 12 and certified by the Secretary of State as the surface access structure section drawings for the purposes of this Order;

“ TDC ” means Tandridge District Council;

“ traffic authority ” has the same meaning as in section 121A (traffic authorities) of the 1984 Act;

“ tree survey report and arboricultural impact assessment ” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the tree survey report and arboricultural impact assessment for the purposes of this Order;

“ undertaker ” means Gatwick Airport Limited (company number 01991018) whose registered address is at 5th Floor, Destinations Place, Gatwick Airport, Gatwick, West Sussex, RH6 0NP or any person who has the benefit of this Order in accordance with articles 7 (benefit of Order) or 8 (consent to transfer benefit of Order);

“ watercourse ” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;

“ a work ” means a numbered work identified as part of the authorised development in Schedule 1 (authorised development) and includes any other associated development related to that work; and

“ works plans ” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the works plans for the purposes of this Order.

(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictions are references to restrictive covenants over land which interfere with the interests or rights of another and are for the benefit of land which is acquired, or rights over which are acquired, under this Order.

(3) Subject to article 6 (limits of works) all distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development and shown on the works plans or rights of way and access plans are taken to be measured along that work.

(4) References in this Order to the creation and acquisition of rights over land includes references to rights to oblige a party having an interest in land to grant those rights referenced in the Order, at the discretion of the undertaker, either—

(a) to an affected person directly, where that person’s land or rights over land have been adversely affected by this Order, and, where that is the case, the rights referenced in the Order are to be granted for the benefit of the land in which that affected person has an interest at the time of the making of this Order; or

(b) to any statutory undertaker for the purpose of their undertaking.

(5) For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

(6) References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the plans to which the reference applies.

(7) References in this Order to numbered works are references to works as numbered in Schedule 1 (authorised development).

(8) References to any statutory body includes that body’s successor bodies from time to time.

(9) References in this Order to materially new or materially different environmental effects in comparison with those reported in the environmental statement must not be construed so as to preclude the undertaker from avoiding, removing or reducing an adverse environmental effect that was reported in the environmental statement.

(10) In this Order, the expression “ includes ” is to be construed without limitation unless so construing would give rise to any materially new or materially different environmental effects in comparison to those reported in the environmental statement.

Section 3 Development consent etc. granted by the Order

(1) Subject to the provisions of this Order including the requirements in Schedule 2 (requirements), the undertaker is granted development consent to construct, operate and use the authorised development.

(2) Any enactment applying to land within or immediately adjacent to the Order limits has effect subject to the provisions of this Order.

Section 4 Maintenance of authorised development

The undertaker may at any time maintain the authorised development, except to the extent that this Order, or an agreement made under this Order, provides otherwise.

Section 5 Maintenance of drainage works

(1) Nothing in this Order, or the construction, operation or maintenance of the authorised development under it, affects any responsibility for the maintenance of any works connected with the drainage of land, whether that responsibility is imposed or allocated by or under any enactment, or otherwise, unless otherwise agreed in writing between the undertaker and the person responsible.

(2) In this article “ drainage ” has the same meaning as in section 72 (interpretation) of the Land Drainage Act 1991 .

Section 6 Limits of works

(1) Subject to paragraph (2), each numbered work must be situated within the limits of the corresponding numbered area shown on the works plans.

(2) Any of Work Nos. 35, 36 or 37 (surface access works) may be situated within the limits shown on the works plans of Work Nos. 35, 36 and 37 taken as a whole.

(3) In constructing Work Nos. 6, 9, 10, 11, 12, 13, 15, 16, 22, 23, 26, 27, 28, 30, 31, 32, 43 and 44 the undertaker must not exceed the maximum heights shown and noted on the parameter plans (these heights being listed solely for information in Schedule 11 (maximum parameter heights)).

(4) In constructing Work Nos. 35, 36 and 37 (surface access works), the undertaker may deviate—

(a) vertically from the levels shown or noted on the surface access engineering section drawings to a maximum of—

(i) in respect of Work No. 35(a) between points A1 and B1 on the parameter plans, 1.5 metres upwards and 2 metres downwards;

(ii) in respect of Work Nos. 35(b), 35(c), 35(e), 35(f), 36(e) and 36(f), 1.5 metres upwards and 2 metres downwards; and

(iii) in respect of all other parts of Work Nos. 35, 36 and 37, 1 metre upwards and 1 metre downwards; and

(b) laterally within the “Surface Access Works Lateral Limits” shown on the parameter plans.

(5) In constructing Work Nos. 4(b) and 4(e) (exit and entrance taxiways), the undertaker—

(a) may deviate laterally to the extent shown or noted on the parameter plans; but

(b) where an area is specified in square metres on the parameter plans for a component of these works, must not exceed that area.

(6) The limits set out in paragraphs (1), (3) and (5) do not apply where it is demonstrated by the undertaker to CBC’s satisfaction and CBC certifies accordingly that works in excess of these limits would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(7) The limits set out in paragraphs (2) and (4) do not apply where it is demonstrated by the undertaker to the relevant highway authority’s satisfaction and the relevant highway authority certifies accordingly that works in excess of these limits would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Section 7 Benefit of Order

(1) Subject to article 8 (consent to transfer benefit of Order), the provisions of this Order conferring powers on the undertaker have effect solely for the benefit of the undertaker.

(2) Paragraph (1) does not apply to the works for which the consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.

Section 8 Consent to transfer benefit of Order

(1) The undertaker may with the written consent of the Secretary of State—

(a) transfer to another person (“ the transferee ”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed in writing between the undertaker and the transferee; or

(b) grant to another person (“the grantee”) for a period agreed in writing between the undertaker and the grantee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.

(2) Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in relation to paragraph (3), includes references to the transferee or the grantee.

(3) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

(4) The undertaker must notify National Highways in the event that it exercises the power in paragraph (1) to transfer or grant to a person other than National Highways the benefit of the Order in respect of national highway works.

(5) The undertaker must notify a local highway authority in the event that it exercises the power in paragraph (1) to transfer or grant to a person other than that local highway authority the benefit of the Order in respect of local highway works in an area for which that local highway authority is the relevant highway authority.

Section 9 Planning permission

(1) Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3) (cases in which land is to be treated as not being operational land) of the 1990 Act.

(2) The authorised development may be carried out or continue to be carried out, and the airport may be operated or continue to be operated, pursuant to this Order notwithstanding the initiation of development pursuant to any planning permission which may be physically incompatible with the authorised development or inconsistent with any provision of this Order.

(3) Any planning permission which has been initiated prior to the commencement of the authorised development pursuant to this Order may continue to be lawfully implemented thereafter notwithstanding any physical incompatibility with the authorised development or inconsistency with any provision of this Order.

(4) Any conditions of any planning permission granted prior to the date of this Order that are incompatible with the requirements of this Order or the authorised development shall cease to have effect from the date the authorised development is commenced and for the purpose of this article planning permissions deemed to be granted pursuant to the 2015 Regulations shall be deemed to be granted prior to the date of this Order.

(5) Where the undertaker identifies an incompatibility between a condition of a planning permission and this Order that engages paragraph (4), it must notify the relevant planning authority and use reasonable endeavours to notify the current beneficiary of the affected planning permission as soon as reasonably practicable.

(6) Subject to paragraph (7), nothing in this Order restricts any person from seeking or implementing, or the relevant planning authority from granting, planning permission for development within the Order limits.

(7) The undertaker must not exercise the permitted development right in Class F of Part 8 (transport related development) of Schedule 2 (permitted development rights) to the 2015 Regulations for any development on the areas labelled Work No. 38 (habitat enhancement area and flood compensation area at Museum Field), Work No. 41 (ecological area at Pentagon Field) or Work No. 43 (water treatment works) on the works plans.

(8) In this article—

(a) “ initiate ” means when development of land is taken to be begun in accordance with section 56 (time when development begun) of the 1990 Act, and “ initiated ” and “ initiation ” are defined accordingly; and

(b) “ planning permission ” means planning permission granted under the 1990 Act including planning permission deemed to be granted under article 3 (permitted development) and Classes F, G, I, J, K, L, M and N of Part 8 of Schedule 2 to the 2015 Regulations.

Section 10 Application of the 1991 Act

(1) Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major highway works if—

(a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works); or

(b) they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64 (dual carriageways and roundabouts) of the 1980 Act or section 184 (vehicle crossings over footways and verges) of that Act.

(2) In Part 3 of the 1991 Act, in relation to works which are major highway works by virtue of paragraph (1), references to the highway authority concerned are to be construed as references to the undertaker.

(3) The following provisions of the 1991 Act (whether modified or not by the permit schemes or the lane rental schemes) do not apply in relation to any works executed under the powers conferred by this Order—

section 56 (power to give directions as to timing);

section 56A (power to give directions as to placing of apparatus);

section 58 (restrictions following substantial road works);

section 58A (restriction on works following substantial street works);

section 73A (power to require undertaker to re-surface street);

section 73B (power to specify timing etc. of re-surfacing);

section 73C (materials, workmanship and standard of re-surfacing);

section 77 (liability for cost of use of alternative route);

section 78A (contributions to costs of re-surfacing by undertaker); and

Schedule 3A (restriction on works following substantial street works).

(4) The provisions of the 1991 Act mentioned in paragraph (5) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved under, those provisions apply (with the necessary modifications) in relation to any stopping up, alteration or diversion of a street of a temporary nature by the undertaker under the powers conferred by article 14 (temporary stopping up of streets), whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.

(5) The provisions of the 1991 Act referred to in paragraph (4) are—

section 54 (advance notice of certain works), subject to paragraph (6);

section 55 (notice of starting date of works), subject to paragraph (6);

section 57 (notice of emergency works);

section 59 (general duty of street authority to co-ordinate works);

section 60 (general duty of undertakers to co-operate);

section 68 (facilities to be afforded to street authority);

section 69 (works likely to affect other apparatus in the street);

section 75 (inspection fees); and

section 76 (liability for cost of temporary traffic regulation),

and all such other provisions as apply for the purposes of the provisions mentioned above.

(6) Sections 54 and 55 of the 1991 Act as applied by paragraph (4) have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

(7) Subject to paragraph (3), the permit schemes and the lane rental schemes apply to the construction and maintenance of the authorised development and must be applied and used by the undertaker in connection with the exercise of any powers conferred by this Part.

(8) For the purposes of this Order a permit may not be granted under the permit schemes subject to conditions where compliance with those conditions would constitute a breach of this Order or where the undertaker would be unable to comply with those conditions pursuant to the powers conferred by this Order.

(9) Any difference arising between the undertaker and either of West Sussex County Council or Surrey County Council under the relevant permit scheme will be resolved by arbitration under article 52 (arbitration).

(10) As regards any streets within the airport the undertaker shall not be required to give any notice, afford any facilities or pay any fee or costs to a street authority or traffic authority or do anything else that the undertaker would not be obliged to do were it not for this Order.

(11) In this article—

(a) “ the permit schemes ” means the following schemes made under Part 3 of the Traffic Management Act 2004 as in force at the date on which this Order is made—

(i) the Traffic Management (Surrey County Council) Permit Scheme Order 2015 (as varied); and

(ii) the West Sussex County Council Permit Scheme Order 2016 (as varied); and

(b) “ the lane rental schemes ” means the lane rental schemes approved by the Secretary of State under section 74A(2) (charge determined by reference to duration of works) of the 1991 Act in the following Orders as in force at the date on which this Order is made—

(i) the Street Works (Charges for Occupation of the Highway) (Surrey County Council) Order 2021 ; and

(ii) the Street Works (Charges for Occupation of the Highway) (West Sussex County Council) Order 2022 .

Section 11 Street works

(1) The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets as are within the Order limits and may—

(a) break up or open the street, or any sewer, drain or tunnel within or under it;

(b) drill, tunnel or bore under the street;

(c) place and keep apparatus in the street;

(d) maintain apparatus in the street or change its position; and

(e) execute any works required for, or incidental to, any works referred to in sub-paragraphs (a) to (d).

(2) The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act.

(3) Subject to article 10 (application of the 1991 Act), the provisions of sections 54 to 106 of the 1991 Act apply to any street works carried out under paragraph (1).

Section 12 Power to alter layout, etc., of streets

(1) Subject to the following provisions of this article, the undertaker may for the purposes of constructing, operating or maintaining the authorised development enter on and alter the layout of, or carry out any works on, any street within the Order limits and, without limiting the scope of this paragraph, the undertaker may—

(a) alter the level or increase the width of any street, footpath, footway, cycle track, carriageway or verge or central reservation;

(b) make and maintain passing place(s);

(c) increase the width of the carriageway of the street by reducing the width of any footpath, footway, cycle track, verge or central reservation within the street;

(d) reduce the width of the carriageway of the street;

(e) execute any works to widen or alter the alignment of pavements;

(f) execute any works of surfacing or re-surfacing of the street; and

(g) execute any works necessary to alter existing facilities for the management and protection of pedestrians.

(2) The undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority.

(3) The powers conferred by paragraph (1) must not be exercised without the consent of the street authority (this consent not to be unreasonably withheld).

(4) Article 53 (deemed consent) applies to an application to the street authority for consent under paragraph (3).

(5) Paragraphs (2) and (3) of this article do not apply to any streets within the airport.

Section 13 Stopping up of streets

(1) Subject to the following provisions of this article, the undertaker may, in connection with the carrying out of the authorised development, stop up permanently each of the streets specified in columns (1) and (2) of Part 1 (streets to be stopped up and substitute streets and new streets to be provided) of Schedule 3 (stopping up of streets and private means of access and provisions of new streets and private means of access) to the extent specified, by reference to the rights of way and access plans, in column (3) of that Part of that Schedule.

(2) No street specified in columns (1) and (2) of Part 1 of Schedule 3 is to be wholly or partly stopped up under this article unless—

(a) the new street to be substituted for it, which is specified in column (4) of that Part of that Schedule, has been completed to the reasonable satisfaction of the relevant street authority and is open for use; or

(b) a temporary alternative route for the passage of such traffic as could have used the street to be stopped up is first provided to the reasonable satisfaction of the relevant street authority and subsequently maintained by the undertaker between the commencement and termination points for the stopping up of the street until the completion and opening of the new street in accordance with sub-paragraph (a).

(3) Where a street has been stopped up under this article—

(a) all rights of way over or along the street so stopped up are extinguished; and

(b) the undertaker may appropriate and use for the purposes of the authorised development so much of the site of the street as is bounded on both sides by land owned by the undertaker.

(4) Any person who suffers loss by the suspension or extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(5) This article is subject to article 41 (apparatus and rights of statutory undertakers in stopped up streets).

Section 14 Temporary stopping up of streets

(1) The undertaker, during and for the purposes of carrying out the authorised development, may temporarily stop up, alter, divert or restrict the use of any street and may for any reasonable time—

(a) divert the traffic from the street; and

(b) subject to paragraph (3), prevent all persons from passing along the street.

(2) Without limitation on the scope of paragraph (1), the undertaker may use any street temporarily stopped up, altered, diverted or restricted under the powers conferred by this article and which is within the Order limits as a temporary working site.

(3) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary stopping up, alteration, diversion or restriction of a street under this article if there would otherwise be no such access.

(4) The undertaker must not temporarily stop up, alter, divert or restrict the use of any street—

(a) without the consent of the street authority, which may attach reasonable conditions to any consent but such consent must not be unreasonably withheld; and

(b) unless a temporary diversion to be substituted for it is open for use and has been completed to the reasonable satisfaction of the street authority.

(5) Where the undertaker provides a temporary diversion under this article, the new or temporary alternative route is not required to be of a higher standard than the temporarily stopped up street, but it must be suitable for use by the same type of traffic as uses that street unless otherwise agreed with the street authority.

(6) Prior to the reopening of any street temporarily stopped up under this article, the undertaker must remove all temporary works and restore the street to its previous condition.

(7) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(8) Article 53 (deemed consent) applies to an application to the street authority for consent under paragraph (4).

(9) Paragraphs (4) and (6) of this article do not apply to any streets within the airport.

Section 15 Public rights of way – creation, diversion and stopping up

(1) Subject to the provisions of this article, the undertaker may, in connection with the carrying out of the authorised development—

(a) divert each of the public rights of way specified in columns (1) and (2) of Part 1 (public rights of way to be diverted for which a substitute is to be provided) of Schedule 4 (public rights of way, footways and cycle tracks to be stopped up) to the extent specified in column (3) of that Part of that Schedule;

(b) provide the substitute public rights of way described in column (4) of Part 1 of Schedule 4;

(c) temporarily stop up public rights of way to the extent agreed with the relevant highway authority and provide substitute temporary public rights of way between terminus points, on an alignment to be agreed with the relevant highway authority (in both respects agreement not to be unreasonably withheld or delayed); and

(d) stop up each of the public rights of way specified in columns (1) and (2) of Part 2 (public rights of way to be permanently stopped up for which no substitute is to be provided) of Schedule 4 to the extent specified in column (3) of that Part of that Schedule.

(2) No public right of way may be diverted pursuant to paragraph (1)(a) unless the respective substitute public right of way has first been provided pursuant to paragraph (1)(b) to the reasonable satisfaction of the relevant highway authority.

(3) No public right of way may be closed pursuant to paragraph (1)(c) unless the substitute temporary public right of way agreed with the relevant highway authority has been provided to the reasonable satisfaction of the relevant highway authority.

(4) Any temporary diversion route agreed by the relevant highway authority under paragraph (3) must be maintained by the undertaker for the duration of the diversion with appropriate clear signage of the temporarily diverted route.

(5) The undertaker must in connection with the carrying out of the authorised development provide the new footways and cycle tracks specified in columns (1) and (2) of Part 3 (footways and cycle tracks) of Schedule 4.

Section 16 Access to works

(1) Subject to paragraphs (2) and (3), the undertaker may, for the purposes of the authorised development, form and layout means of access, or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development provided that this does not result in any materially new or materially different environmental effects from those assessed in the environmental statement.

(2) The power in paragraph (1) may only be exercised with the consent of the street authority in consultation with the relevant planning authority (such consent not to be unreasonably withheld) provided that no consent is required in respect of airport roads.

(3) The private means of access set out in columns (1) and (2) of Part 2 (private means of access to be stopped up and substitute private means and new private means) of Schedule 3 may be removed by the undertaker to the extent specified in column (3) of that Part of that Schedule and if removed must be replaced by the means of access as set out in column (4) of that Part of that Schedule.

(4) Article 53 (deemed consent) applies to an application to the street authority for consent under paragraph (2).

Section 17 Classification of roads, etc.

(1) On or after the date on which the new and realigned roads described in columns (1) and ( 2) of Parts 1, 2 and 3 of Schedule 5 (classification of roads) have been completed and are open for through traffic, they are to be classified as follows for the purpose of any enactment or instrument which refers to highways classified as such—

(a) those roads listed in Part 1 (new and realigned classified trunk roads) of Schedule 5 are to become trunk roads as if they had become so by virtue of an order made under section 10(2) (general provision as to trunk roads) of the 1980 Act specifying that date as the date on which they were to become trunk roads;

(b) those roads listed in Part 2 (new and realigned classified non-trunk roads) of Schedule 5 are to become classified roads as if such classification had been made under section 12(3) (general provision as to principle and classified roads) of the 1980 Act; and

(c) those roads listed in Part 3 (new and realigned unclassified roads) of Schedule 5 are to become unclassified roads,

and in respect of each road the body set out in column (1) of Part 1, 2 or 3 of Schedule 5 (respectively) is the highway authority for those roads.

(2) The existing road described in Part 4 (roads to be de-trunked) of Schedule 5 is to cease to be a trunk road to the extent specified in column (2) of that Part of that Schedule as if it had ceased to be so by virtue of an order made under section 10(2) of the 1980 Act specifying that date as the date on which it was to cease to be trunk road and is to be the responsibility of the relevant highway authority set out in column (1) of that Part of that Schedule.

(3) From the date determined by the undertaker, being not before the date on which Work No. 35 (South Terminal Junction improvements) is completed and open for traffic, the roundabout circulatory carriageway at junction 9 of the M23 is to become a trunk road with an A-road classification as if it had become so by virtue of an order made under section 10(2) of the 1980 Act specifying that date as the date on which it was to become a trunk road.

Section 18 Traffic regulations

(1) Subject to the provisions of this article, from the date determined by the undertaker the order specified in column (3) of Part 3 (revocations and variations of existing traffic regulation orders) of Schedule 6 (traffic regulation measures) is to be varied or revoked as specified in the corresponding row of column (4) of that Part of that Schedule in respect of the lengths of roads specified in the corresponding row of column (2) of that Part of that Schedule.

(2) Subject to the provisions of this article, the undertaker may at any time for the purposes of the authorised development regulate vehicular speed by imposing speed restrictions on vehicles in the manner specified in column (4) of Part 1 (speed limits) of Schedule 6 on those roads specified in columns (1) and (2) of that Part of that Schedule along the lengths and between the points specified in column (3) of that Part of that Schedule.

(3) Subject to the provisions of this article, the undertaker may in so far as may be expedient or necessary for the purposes of or in connection with the construction, operation or maintenance of the authorised development—

(a) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

(b) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;

(c) authorise the use as a parking place of any road;

(d) make provision as to the direction or priority of vehicular traffic on any road; and

(e) permit or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by the undertaker.

(4) The undertaker must not exercise the powers conferred by paragraphs (1), (2) or (3) of this article unless it has—

(a) given to the chief officer of police and to the traffic authority in whose area the road is situated not less than—

(i) 12 weeks’ (or, for airport roads, 28 days’) notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or

(ii) except in the case of an emergency, 4 weeks’ (or, for airport roads, 7 days’) notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily; and

(b) advertised its intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of the undertaker’s intention as provided for in sub-paragraph (a)(i) or within 7 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(ii).

(5) Before complying with the process in paragraph (4) in respect of the exercise of the power conferred by paragraph (3), the undertaker must consult—

(a) the chief officer of police for the area in which the relevant road is situated;

(b) the traffic authority in whose area the relevant road is situated; and

(c) any other such persons as the undertaker considers necessary and appropriate,

and the undertaker must take into consideration any representations made to it by any such persons.

(6) The undertaker must not exercise the power conferred by paragraph (3) of this article without the consent of the traffic authority (such consent not to be unreasonably withheld).

(7) Any prohibition, restriction or other provision made by the undertaker under paragraphs (1), (2) or (3)—

(a) has effect as if duly made by, as the case may be—

(i) the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or

(ii) the local authority in whose area the road is situated, as an order under section 32 (power of local authorities to provide parking spaces) of the 1984 Act,

and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject; and

(b) is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004 .

(8) A copy of the instrument referred to in paragraph (7)(a) must be held at the registered office address of the undertaker for inspection during normal working hours and a copy must be sent to each of Surrey County Council and West Sussex County Council.

(9) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers of paragraphs (1), (2) or (3) at any time.

(10) Provision made in respect of the roundabout circulatory carriageway at junction 9 of the M23 or accesses onto that junction pursuant to sub-paragraph (3) can include prohibitions on its access and use by pedestrians and other forms of non-motorised users as well as vehicles.

(11) From the date determined by the undertaker, being not before the date on which Work No. 35 (South Terminal Junction improvements) is completed and open for traffic, a speed restriction of 50mph is to be imposed on the roundabout circulatory carriageway at junction 9 of the M23 as if effected pursuant to paragraph (2).

(12) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

(13) The powers conferred on the undertaker by this article with respect to any road have effect subject to any agreement entered into by the undertaker with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

(14) Article 53 (deemed consent) applies to an application to the traffic authority for consent under paragraph (6).

(15) In respect of airport roads, paragraphs (4)(b), (5)(b) and (6) do not apply and paragraph (4)(a) shall be read as if it does not contain the words “and to the traffic authority”.

Section 19 Clearways, prohibitions and restrictions

(1) On or after such day as is determined by the undertaker, the restrictions specified in column (4) of Part 2 (traffic regulation measures (clearways, height restrictions and prohibitions)) of Schedule 6 are to apply to those roads specified in columns (1) and (2) of that Part of that Schedule along the lengths and between the points specified in column (3) of that Part of that Schedule, except as provided in paragraph (2) of this article or upon the direction of, or with the permission of, a uniformed constable or uniformed traffic officer.

(2) Nothing in paragraph (1) applies—

(a) to render it unlawful to cause or permit a vehicle to wait on any part of a road, for so long as may be necessary to enable that vehicle to be used in connection with—

(i) the removal of any obstruction to traffic;

(ii) the maintenance, improvement, reconstruction or operation of the road;

(iii) the laying, erection, inspection, maintenance, alteration, repair, renewal or removal in or near the road of any sewer, main pipe, conduit, wire, cable, or other apparatus for the supply of gas, water, electricity or any electronic communications apparatus as defined in Schedule 3A (the electronic communications code) to the Communications Act 2003 ; or

(iv) any building operation or demolition;

(b) in relation to a vehicle being used—

(i) for police, ambulance, fire and rescue authority or traffic officer purposes;

(ii) in the service of a local authority, safety camera partnership or Driver and Vehicle Standards Agency in pursuance of statutory powers or duties;

(iii) in the service of a water or sewerage undertaker within the meaning of the Water Industry Act 1991 ; or

(iv) by a universal service provider for the purposes of providing a universal postal service as defined by the Postal Service Act 2000 ; or

(c) in relation to a vehicle waiting when the person in control of it is—

(i) required by law to stop;

(ii) obliged to stop in order to avoid an accident; or

(iii) prevented from proceeding by circumstances outside the person’s control.

(3) No person is to cause or permit any vehicle to wait on any part of the roads described in paragraph (1) for the purposes of selling, or dispensing of, goods from that vehicle, unless the goods are immediately delivered at, or taken into, premises adjacent to the land on which the vehicle stood when the goods were sold or dispensed.

(4) From the date determined by the undertaker, being not before the date on which Work No. 35 (South Terminal Junction improvements) is completed and open for traffic, a clearway restriction is to be imposed on the roundabout circulatory carriageway at junction 9 of the M23 as if effected pursuant to paragraph (1).

(5) Paragraphs (1), (2), and (3) have effect as if made by order under the 1984 Act, and their application may be varied or revoked by an order made under that Act or any other enactment which provides for the variation or revocation of such orders.

(6) In this article, “ traffic officer ” means an individual designated under section 2 (designation of traffic officers) of the Traffic Management Act 2004.

Section 20 Construction and maintenance of local highway works

(1) Any local highways constructed, altered or diverted under this Order must be completed to the reasonable satisfaction of the relevant highway authority and must, as regards the part constructed, altered or diverted, unless otherwise agreed between the undertaker and the relevant highway authority, be maintained by and at the expense of the undertaker for a period of 12 months from the day on which they are first open to through traffic and at the expiry of that period by and at the expense of the relevant highway authority.

(2) In any action against the undertaker in respect of loss or damage resulting from any failure by it to maintain a local highway under this article, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the undertaker had taken such care as in all the circumstances was reasonably required to secure that the part of the local highway to which the action relates was not dangerous to traffic.

(3) For the purposes of a defence under paragraph (2), the court must in particular have regard to the following matters—

(a) the character of the local highway including the traffic which was reasonably to be expected to use it;

(b) the standard of maintenance appropriate for a local highway of that character and used by such traffic;

(c) the state of repair in which a reasonable person would have expected to find the local highway;

(d) whether the undertaker knew, or could reasonably have been expected to know, that the condition of the part of the local highway to which the action relates was likely to cause danger to users of the highway; and

(e) where the undertaker could not reasonably have been expected to repair that part of the local highway before the cause of action arose, what warning notices of its condition had been displayed,

but for the purposes of such a defence it is not relevant that the undertaker had arranged for a competent person to carry out or supervise the maintenance of that part of the local highway to which the action relates unless it is also proved that the undertaker had given that person proper instructions with regard to the maintenance of the highway and that those instructions had been carried out.

Section 21 Agreements with highway authorities

(1) A relevant highway authority may enter into agreements with the undertaker in respect of—

(a) the construction of any new highway, including any structure carrying the highway over any part of the authorised development;

(b) the strengthening, improvement, repair or reconstruction of any highway, including any structure carrying the highway over any of the authorised development;

(c) the maintenance of the structure of any bridge or tunnel carrying a highway over or under any part of the authorised development;

(d) any stopping up, alteration or diversion of a highway authorised by this Order;

(e) the carrying out in the highway of any of the works referred to in article 11 (street works) or article 12 (power to alter layout, etc., of streets); and

(f) such other works as the parties may agree.

(2) Such an agreement may, without limitation on the scope of paragraph (1)—

(a) make provision for the relevant highway authority to carry out any function under this Order which relates to the highway in question;

(b) include an agreement between the undertaker and the relevant highway authority specifying a reasonable time for the completion of the works; and

(c) contain such terms as to payment and other matters as the parties consider appropriate, including such matters as may be included in agreements made pursuant to section 278 (agreements as to execution of works) or section 38 (power of highway authorities to adopt by agreement) of the 1980 Act.

(3) The undertaker must not commence a local highway work prior to entering into an agreement pursuant to paragraph (1) which includes details of the specification of that work which will reasonably satisfy the relevant highway authority for the purpose of article 20 (construction and maintenance of local highway works), and related provisions in relation to the maintenance and adoption of such works pursuant to that article.

Section 22 Discharge of water

(1) Subject to paragraphs (3) and (4), the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.

(2) Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker under paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991 .

(3) The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.

(4) The undertaker must not make any opening into any public sewer or drain except—

(a) in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and

(b) where that person has been given the opportunity to supervise the making of the opening.

(5) Article 53 (deemed consent) applies to an application for consent under paragraph (3) or approval under paragraph (4)(a) and “the authority” in article 53 must in this case refer to the person to whom the watercourse, sewer or drain belongs.

(6) The undertaker must not, in carrying out or maintaining works under this article, damage or interfere with the bed or banks of any watercourse forming part of a main river other than in accordance with a consent granted by the Environment Agency.

(7) The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is free from gravel, soil or other solid substance, oil or matter in suspension or solution.

(8) This article does not authorise a groundwater activity or water discharge activity for which an environmental permit would be required under regulation 12(1)(b) (requirement for an environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 .

(9) In this article—

(a) “ public sewer or drain ” means a sewer or drain which belongs to Homes England, the Environment Agency, an internal drainage board, a joint planning board, a local authority, a sewerage undertaker or an urban development corporation;

(b) other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act; and

(c) “ main river ” means watercourses as defined under section 113(1) (interpretation of Part 4) of the Water Resources Act 1991 and shown as such on the statutory main river maps held by the Environment Agency and the Department for Environment, Food and Rural Affairs.

(10) The Environment Agency is deemed to have granted consent under paragraph (3) where the watercourse, public sewer or drain belongs to the Environment Agency and an environmental permit under regulation 12(1)(b) (requirement for an environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 has been granted in respect of the discharge.

(11) A sewerage undertaker is deemed to have granted consent to the discharge of trade effluent into a public sewer under paragraph (3) where the public sewer belongs to the sewerage undertaker and consent under section 118 (consent required for discharge of trade effluent into public sewer) of the Water Industry Act 1991 has been granted in respect of the discharge.

Section 23 Protective work to buildings

(1) Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building which may be affected by the authorised development as the undertaker considers necessary or expedient.

(2) Protective works may be carried out—

(a) at any time before or during the carrying out in the vicinity of the building of any part of the authorised development; or

(b) after the completion of that part of the authorised development in the vicinity of the building at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised development is first opened for use.

(3) For the purpose of determining how the functions under this article are to be exercised the undertaker may enter and survey any building falling within paragraph (1) and any land within its curtilage, and place on, leave on and remove from the building any apparatus and equipment for use in connection with the survey.

(4) For the purpose of carrying out protective works under this article to a building the undertaker may (subject to paragraphs (5) and (6))—

(a) enter the building and any land within its curtilage; and

(b) where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building but outside its curtilage, enter the adjacent land (but not any building erected on it).

(5) Before exercising—

(a) a right under paragraph (1) to carry out protective works to a building;

(b) a right under paragraph (3) to enter a building and land within its curtilage;

(c) a right under paragraph (4)(a) to enter a building and land within its curtilage; or

(d) a right under paragraph (4)(b) to enter land,

the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days’ notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (d), the notice must specify the protective works proposed to be carried out.

(6) Where a notice is served under paragraph (5), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 52 (arbitration).

(7) The undertaker must compensate the owners and occupiers of any building or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights.

(8) Where—

(a) protective works are carried out under this article to a building; and

(b) within the period of 5 years beginning with the day on which the part of the authorised development carried out in the vicinity of the building is first opened for use it appears that the protective works are inadequate to protect the building against damage caused by the carrying out or use of that part of the authorised development,

the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them.

(9) Nothing in this article relieves the undertaker from any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act.

(10) Any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(11) Subject to paragraph (6), section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to entry onto, or possession of, land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(12) In this article “ protective works ” in relation to a building means—

(a) underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the carrying out, maintenance or use of the authorised development;

(b) any works the purpose of which is to remedy any damage which has been caused to the building by the carrying out, maintenance or use of the authorised development; and

(c) any works the purpose of which is to secure the safe operation of the authorised development or to prevent or minimise the risk to such operation being disrupted.

Section 24 Authority to survey and investigate the land

(1) The undertaker may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised development and—

(a) survey or investigate the land (including any watercourses, groundwater, static water bodies or vegetation on the land);

(b) without limitation to the scope of sub-paragraph (a), make any excavations, trial holes, boreholes and other investigations in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer, subsoil, ground water, underground structures, foundations, and plant or apparatus and remove soil and water samples and discharge water from sampling operations on to the land;

(c) without limitation to the scope of sub-paragraph (a), carry out ecological or archaeological investigations on such land; and

(d) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes, boreholes or excavations.

(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless no less than 14 days’ notice has been served on every owner and occupier of the land, and such notice must indicate the nature of the survey or investigation that the undertaker intends to carry out.

(3) Any person entering land under this article on behalf of the undertaker—

(a) must, if so required, before or after entering the land, produce written evidence of their authority to do so; and

(b) may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes, boreholes or excavations.

(4) No trial holes, boreholes or excavations are to be made under this article—

(a) in land located within a highway boundary without the consent of the relevant highway authority; or

(b) in a private street without the consent of the street authority (save for streets within the airport),

but such consent must not be unreasonably withheld.

(5) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(6) Article 53 (deemed consent) applies to an application to a highway authority or street authority for consent under paragraph (4).

(7) Section 13 (refusal to give permission to the acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

Section 25 Felling or lopping of trees and removal of hedgerows

(1) The undertaker may fell, lop or remove any tree, shrub or hedgerow within or overhanging land within the Order limits, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree, shrub or hedgerow—

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b) from constituting an imminent danger to persons using the authorised development or property within the authorised development.

(2) In carrying out any activity authorised by paragraph (1), the undertaker must—

(a) insofar as relevant, act in accordance with British Standard 3998:2010 (Tree work – Recommendations) or any British Standard which supersedes it;

(b) do no unnecessary damage to any tree, shrub or hedgerow; and

(c) pay compensation to any person for any loss or damage arising from such activity.

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(4) The power conferred by paragraph (1) removes any obligation upon the undertaker to secure any consent under the Hedgerow Regulations 1997 in undertaking works pursuant to paragraph (1).

(5) In this article “ hedgerow ” means a hedgerow to which the Hedgerow Regulations 1997 apply by virtue of regulation 3 (application of Regulations) and that is—

(a) shown for removal on any of—

(i) Appendix A (M23 & A23 Preliminary Tree Removal & Protection Plans);

(ii) Appendix B (Airport Preliminary Tree Removal & Protection Plans);

(iii) Appendix C (M23 & A23 Preliminary Vegetation Removal & Protection Plans); or

(iv) Appendix D (Airport Preliminary Vegetation Removal & Protection Plans),

to the outline arboricultural and vegetation method statement; or

(v) Appendix H (M23 & A23 Preliminary Tree Removal Plans); or

(vi) Appendix I (Airport Preliminary Tree Removal Plans),

to the tree survey report and arboricultural impact assessment; or

(b) otherwise approved by the relevant planning authority.

(6) Article 53 (deemed consent) applies to approval by the relevant planning authority under paragraph (5)(b).

Section 26 Removal of human remains

(1) In this article “ the specified land ” means any land within the Order limits.

(2) Before the undertaker carries out any development or works which will or may disturb any human remains in the specified land it is to remove those human remains from the specified land, or cause them to be removed, in accordance with the following provisions of this article.

(3) Subject to paragraph (12), before any such remains are removed from the specified land the undertaker is to give notice of the intended removal, describing the specified land and stating the general effect of the following provisions of this article, by—

(a) publishing a notice once in each of two successive weeks in a newspaper circulating in the area of the authorised development; and

(b) displaying a notice in a conspicuous place on or near to the specified land.

(4) As soon as reasonably practicable after the first publication of a notice under paragraph (3) the undertaker is to send a copy of the notice to the relevant planning authority.

(5) At any time within 56 days after the first publication of a notice under paragraph (3) any person who is a personal representative or relative of any deceased person whose remains are interred in the specified land may give notice in writing to the undertaker of that person’s intention to undertake the removal of the remains.

(6) Where a person has given notice under paragraph (5), and the remains in question can be identified, that person may cause such remains to be—

(a) removed and re-interred in any burial ground or cemetery in which burials may legally take place; or

(b) removed to, and cremated in, any crematorium,

and that person is to, as soon as reasonably practicable after such re-interment or cremation, provide to the undertaker a certificate for the purpose of enabling compliance with paragraph (11).

(7) The undertaker is to pay the reasonable expenses of removing and re-interring or cremating the remains of any deceased person under powers conferred by this article.

(8) If the undertaker is not satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be, or that the remains in question can be identified, the question is to be determined on the application of either party in a summary manner by the county court, and the court may make an order specifying who is to remove the remains and as to the payment of the costs of the application.

(9) If—

(a) within the period of 56 days referred to in paragraph (5) no notice under that paragraph has been given to the undertaker in respect of any remains in the specified land; or

(b) such notice is given and no application is made under paragraph (8) within 56 days after the giving of the notice but the person who gave the notice fails to remove the remains within a further period of 56 days; or

(c) within 56 days after any order is made by the county court under paragraph (8) any person, other than the undertaker, specified in the order fails to remove the remains; or

(d) it is determined that the remains to which any such notice relates cannot be identified,

subject to paragraph (10) the undertaker is to remove the remains and cause them to be re-interred in such burial ground or cemetery in which burials may legally take place as the undertaker thinks suitable for the purpose; and, so far as possible, remains from individual graves are to be re-interred in individual containers which are to be identifiable by a record prepared with reference to the original position of burial of the remains that they contain.

(10) If the undertaker is satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be and that the remains in question can be identified, but that person does not remove the remains, the undertaker must comply with any reasonable request that person may make in relation to the removal and re-interment or cremation of the remains.

(11) On the re-interment or cremation of any remains under powers conferred by this article—

(a) a certificate of re-interment or cremation is to be sent by the undertaker to the Registrar General giving the date of re-interment or cremation and identifying the place from which the remains were removed and the place in which they were re-interred or cremated; and

(b) a copy of the certificate of re-interment or cremation and the record mentioned in paragraph (9) is to be sent by the undertaker to the relevant planning authority.

(12) No notice is required under paragraph (3) before the removal of any human remains where the undertaker is satisfied—

(a) that the remains were interred more than 100 years ago; and

(b) that no relative or personal representative of the deceased is likely to object to the remains being removed in accordance with this article.

(13) In the case of remains in relation to which paragraph (12) applies, the undertaker—

(a) may remove the remains;

(b) must apply for direction from the Secretary of State under paragraph (14) as to their subsequent treatment; and

(c) must deal with the remains in such manner, and subject to such conditions, as the Secretary of State directs.

(14) The removal of the remains of any deceased person under this article must be carried out in accordance with any directions which may be given by the Secretary of State for Justice.

(15) Any jurisdiction or function conferred on the county court by this article may be exercised by the district judge of the court.

(16) Section 25 (offence of removal of body from burial ground) of the Burial Act 1857 does not apply to a removal carried out in accordance with this article.

Section 27 Compulsory acquisition of land

(1) The undertaker may—

(a) acquire compulsorily (including for a statutory undertaker or any other person) so much of the Order land as is required for the construction, operation or maintenance of the authorised development, or to facilitate it, or is incidental to it, or is required as replacement land; and

(b) use any land so acquired for the purposes authorised by this Order or for any other purposes in connection with or ancillary to the undertaking.

(2) This article is subject to article 30 (time limit for exercise of authority to acquire land compulsorily), article 28 (compulsory acquisition of rights and imposition of restrictive covenants), article 34 (acquisition of subsoil and airspace only), article 35 (rights under or over streets), article 43 (crown rights) and Schedule 9 (protective provisions).

Section 28 Compulsory acquisition of rights and imposition of restrictive covenants

(1) Subject to paragraphs (2) to (4), the undertaker may acquire compulsorily such rights over the Order land or impose restrictive covenants affecting that land, including rights and restrictive covenants for the benefit of a statutory undertaker or any other person, as may be required for any purpose for which that land may be acquired under article 27 (compulsory acquisition of land) by creating them as well as acquiring rights already in existence.

(2) In the case of the Order land specified in column (1) of Schedule 7 (land in which only new rights etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of such wayleaves, easements, new rights in the land or the imposition of restrictive covenants, as may be required for the purpose specified in relation to that land in column (2) of that Schedule.

(3) Subject to Schedule 2A (counter-notice requiring purchase of land not in notice to treat) of the 1965 Act, as modified by paragraph 1 of Schedule 8 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants) of this Order, where the undertaker acquires a right over land or the benefit of a restrictive covenant affecting land under paragraph (1) or (2), the undertaker is not required to acquire a greater interest in that land.

(4) Schedule 8 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.

(5) In any case where the acquisition of rights or imposition of a restrictive covenant under paragraph (1) is required for the purposes of diverting, replacing or protecting the apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to acquire such rights or impose restrictive covenants to the statutory undertaker in question.

(6) The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker.

Section 29 Compulsory acquisition of land – incorporation of the mineral code

(1) Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981 are incorporated in this Order subject to the modifications that—

(a) paragraph 8(3) is not incorporated;

(b) for “the acquiring authority” substitute “the undertaker” ;

(c) for “undertaking” substitute “authorised development” ; and

(d) for “compulsory purchase order” substitute “this Order” .

(2) The interests and rights to which this article applies are any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.

(3) Any rule or principle applied to the construction of section 10 of the 1965 Act applies to the construction of paragraph (2) (with any necessary modifications).

Section 30 Time limit for exercise of authority to acquire land compulsorily

After the end of the period of seven years beginning on the start date—

(a) no notice to treat is to be served under Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act; and

(b) no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 33 (application of the 1981 Act),

in relation to any part of the Order land.

Section 31 Private rights of way

(1) Subject to the provisions of this article, all private rights of way over land subject to compulsory acquisition under this Order are extinguished on the earlier of—

(a) the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or

(b) the date of entry on the land by the undertaker under section 11(1) (powers of entry) of the 1965 Act.

(2) Subject to the provisions of this article, all private rights of way over land owned by the undertaker that are within the Order land are extinguished at the start of any activity authorised by this Order which interferes with or breaches those rights.

(3) Subject to the provisions of this article, all private rights of way over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable for as long as the undertaker remains in lawful possession of the land.

(4) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(5) This article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 40 (statutory undertakers) applies.

(6) Paragraphs (1) to (3) have effect subject to—

(a) any notice given by the undertaker before—

(i) the completion of the acquisition of the land or the acquisition of the rights over or the imposition of the restrictive covenant affecting the land;

(ii) the undertaker’s appropriation of it;

(iii) the undertaker’s entry onto it; or

(iv) the undertaker’s taking temporary possession of it,

that any or all of those paragraphs do not apply to any right specified in the notice; and

(b) any agreement made at any time between the undertaker and the person in or to whom the right in question is vested or belongs.

(7) Where an agreement referred to in paragraph (6)(b)—

(a) is made with a person in or to whom the right is vested or belongs; and

(b) is expressed to have effect also for the benefit of those deriving title from or under that person,

it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

Section 32 Modification of Part 1 of the 1965 Act

(1) Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act is modified as follows.

(2) In section 4A(1) (extension of time limit during challenge)—

(a) for “section 23 (application to High Court in respect of compulsory purchase order) of the Acquisition of Land Act 1981” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008” ; and

(b) for “the applicable period for the purposes of section 4” substitute “the period of seven years as set out in article 30 (time limit for exercise of authority to acquire land compulsorily) of the Gatwick Airport (Northern Runway Project) Development Consent Order 2025” .

(3) In section 11A (powers of entry: further notices of entry)—

(a) in subsection (1)(a), after “land” insert “under that provision” ;

(b) in subsection (2), after “land” insert “under that provision” .

(4) In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article 30 (time limit for exercise of authority to acquire land compulsorily) of the Gatwick Airport (Northern Runway Project) Development Consent Order 2025” .

(5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)—

(a) for paragraphs 1(2) and 14(2) substitute—

(2) But see article 34 (acquisition of subsoil or airspace only) of the Gatwick Airport (Northern Runway Project) Development Consent Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule.

(b) after paragraph 29, insert—

INTERPRETATION

(30) In this Schedule, references to entering on and taking possession of land do not include doing so under article 23 (protective work to buildings), 36 (temporary use of land for carrying out the authorised development) or 38 (temporary use of land for maintaining the authorised development) of the Gatwick Airport (Northern Runway Project) Development Consent Order 2025.

Section 33 Application of the 1981 Act

(1) The 1981 Act applies as if this Order were a compulsory purchase order.

(2) The 1981 Act, as so applied by paragraph (1), has effect with the following modifications.

(3) In section 1 (application of Act) for subsection (2) substitute—

(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.

(4) In section 5 (earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end.

(5) Omit section 5A (time limit for general vesting declaration).

(6) In section 5B(1) (extension of time limit during challenge)—

(a) for “section 23 (application to High Court in respect of compulsory purchase order) of the Acquisition of Land Act 1981” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008” ; and

(b) for “the applicable period for the purposes of section 5A” substitute “the period of seven years as set out in article 30 (time limit for exercise of authority to acquire land compulsorily) of the Gatwick Airport (Northern Runway Project) Development Consent Order 2025 ” .

(7) In section 6 (notices after execution of declaration) for subsection (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008” .

(8) In section 7 (constructive notice to treat) in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(9) In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), omit paragraph 1(2).

(10) References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act and as modified by article 32 (modification of Part 1 of the 1965 Act) to the compulsory acquisition of land under this Order.

Section 34 Acquisition of subsoil or airspace only

(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in article 27(1) (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

(2) Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over land referred to in paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.

(3) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil or airspace only—

(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as modified by article 32 (modification of Part 1 of the 1965 Act));

(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

(c) section 153(4A) (reference of objection to Upper Tribunal: general) of the 1990 Act.

(4) Paragraphs (2) and (3) are to be disregarded where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory.

Section 35 Rights under or over streets

(1) The undertaker may enter on and appropriate so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised development and may use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised development.

(2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

(3) Paragraph (2) does not apply in relation to—

(a) any subway or underground building; or

(b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

(4) Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, will be entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(5) Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 (sharing of cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Section 36 Temporary use of land for carrying out the authorised development

(1) The undertaker may, in connection with the carrying out of the authorised development—

(a) enter on and take temporary possession of any Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act;

(b) remove any buildings, apparatus, fences, landscaping, debris, electric line, electrical plant, structures and vegetation from that land;

(c) use any private road within the Order land for the passage of persons or vehicles (with or without materials, plant and machinery);

(d) construct temporary or permanent works (including the provision of means of access) or buildings on that land; and

(e) construct any works on that land as are mentioned in Schedule 1 (authorised development), or any other mitigation works.

(2) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land and explain the purpose for which entry is taken in respect of land specified under paragraph (1)(a).

(3) The undertaker must not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the work for which temporary possession of the land was taken unless the undertaker has, by the end of that period, served a notice of entry under section 11 (powers of entry) of the 1965 Act or made a declaration under section 4 (execution of declaration) of the 1981 Act in relation to that land.

(4) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must, unless otherwise agreed with the owners of the land, remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—

(a) replace a building removed under this article;

(b) restore the land on which any permanent works have been constructed under paragraph (1)(d);

(c) restore the land to a condition better than the relevant land was in before the temporary possession;

(d) remove any ground strengthening works which have been placed on the land to facilitate construction of the authorised development;

(e) remove any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised development; or

(f) remove or reposition any apparatus belonging to statutory undertakers or necessary mitigation works.

(5) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, is to be determined as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(7) Any dispute as to the satisfactory removal of temporary works and restoration of land under paragraph (4) does not prevent the undertaker giving up possession of the land.

(8) Subject to article 48 (no double recovery), nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (5).

(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions).

(11) Nothing in this article prevents the taking of temporary possession more than once in relation to any land specified in paragraph (1).

Section 37 Time limit for exercise of authority to temporarily use land for carrying out the authorised development

(1) Subject to paragraph (2), the authority to enter onto land pursuant to article 36 (temporary use of land for carrying out authorised development) ceases to apply to any land after the period of seven years beginning on the start date.

(2) Paragraph (1) will not prevent the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

Section 38 Temporary use of land for maintaining the authorised development

(1) Subject to paragraph (2), at any time during the maintenance period relating to any of the authorised development, the undertaker may—

(a) enter on and take temporary possession of any Order land if such possession is reasonably required for the purpose of maintaining the authorised development;

(b) enter on any Order land for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and

(c) construct such temporary works (including the provision of means of access) and buildings on the land within the Order land as may be reasonably necessary for that purpose.

(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land and explain the purpose for which entry is taken.

(4) The undertaker is not required to serve notice under paragraph (3) where the undertaker has identified a potential risk to the safety of—

(a) the authorised development or any of its parts;

(b) the public; or

(c) the surrounding environment,

and in such circumstances, the undertaker may enter the land under paragraph (1) subject to giving such notice as is reasonably practicable in the circumstances.

(5) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

(6) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(7) Any dispute as to the removal of temporary works and restoration of land under paragraph (6) does not prevent the undertaker giving up possession of the land.

(8) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

(9) Any dispute as to a person’s entitlement to compensation under paragraph (8), or as to the amount of the compensation, is to be determined as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(10) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (8).

(11) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(12) Section 13 (refusal to give possession to the acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(13) In this article “ maintenance period ”, in relation to any part of the authorised development, means the period of 5 years beginning with the date on which—

(a) that part of the authorised development is first opened for public use (where that part of the authorised development is intended to be used by the public); or

(b) in respect of any other part of the authorised development, that part is first brought into operational use by the undertaker.

Section 39 Special category land

(1) On the exercise by the undertaker of the Order rights, the special category land identified in Part 1 (special category land to be permanently acquired) of Schedule 10 (special category land) is not to vest in the undertaker until the undertaker has acquired the land identified in Part 2 (land to be laid out as replacement open space) of Schedule 10 (to the extent not already in its ownership) and an open space delivery plan has been submitted to and approved in writing by CBC (in consultation with RBBC and MVDC).

(2) The open space delivery plan submitted under paragraph (1) must include a timetable for—

(a) the submission of a landscape and ecology management plan pursuant to requirement 8 (landscape and ecology management plan) for each part of the land to be laid out as replacement open space; and

(b) the laying out of each part of that replacement open space.

(3) On the requirements of paragraph (1) being satisfied, the special category land identified in Part 1 of Schedule 10 is to vest in the undertaker (or any specified person) and be discharged from all rights, trusts and incidents to which it was previously subject.

(4) The undertaker must implement the open space delivery plan approved by CBC under paragraph (1).

(5) Provision must be made in the relevant landscape and ecology management plan (or otherwise) for the undertaker to be responsible for the cost of, and associated with, the ongoing maintenance in perpetuity of the land to be laid out as replacement open space shown on the special category land plans with plot number 1/013 and comprising Work No. 40(c) (replacement open space on land to the north east of Longbridge Roundabout), subject to any subsequent agreement pursuant to requirement 8(4) (landscape and ecology management plan) of Schedule 2 (requirements).

(6) In this article—

“ Order rights ” means rights and powers exercisable over the special category land by the undertaker under article 27 (compulsory acquisition of land) and article 28 (compulsory acquisition of rights and imposition of restrictive covenants); and

“ specified person ” means a person other than the undertaker for whose benefit the special category land is being acquired.

Section 40 Statutory undertakers

Subject to the provisions of Schedule 9 (protective provisions), the undertaker may—

(a) acquire compulsorily the land belonging to statutory undertakers within the Order land and described in the book of reference;

(b) acquire existing rights, create and acquire new rights and impose restrictive covenants over the land belonging to statutory undertakers within the Order land and described in the book of reference;

(c) extinguish or suspend the rights of, or remove, alter, renew, relocate or reposition apparatus belonging to, statutory undertakers over or within the Order land;

(d) construct the authorised development in such a way as to cross underneath or over apparatus belonging to statutory undertakers and other like bodies within the Order land;

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

(f) remove or reposition apparatus belonging to statutory undertakers which is laid beneath any of the streets within the Order land.

Section 41 Apparatus and rights of statutory undertakers in stopped-up streets

(1) Where a street is stopped up under article 13 (stopping up of streets), any statutory undertaker whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made.

(2) Where a street is stopped up under article 13 any statutory undertaker whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by the undertaker must—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(8) In this article—

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

“ statutory undertaker ” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1) of the Communications Act 2003 .

Section 42 Recovery of costs of new connections

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 40 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 40 (statutory undertakers), any person who is—

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

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

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

(3) This article does not have effect in relation to apparatus to which article 41 (apparatus and rights of statutory undertakers in stopped-up streets) or Part 3 of the 1991 Act applies.

(4) In this article—

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

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

Section 43 Crown rights

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

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

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

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

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

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

Section 44 Disregard of certain improvements, etc.

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

(a) any interest in land; or

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

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

(2) In paragraph (1)—

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

“ the tribunal ” means the Lands Chamber of the Upper Tribunal.

Section 45 Disapplication of legislative provisions

(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction or maintenance of the authorised development—

(a) sections 30 (authorisation of drainage works in connection with a ditch) and 32 (variation of awards) of the Land Drainage Act 1991 ; and

(b) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991.

(2) The provisions of the Neighbourhood Planning Act 2017 , insofar as they relate to the temporary possession of, or entry into, land under this Order, do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development and, within the maintenance period defined in article 38(13) (temporary use of land for maintaining the authorised development), any maintenance of any part of the authorised development.

(3) Notwithstanding the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 (meaning of “ development ”) of the Community Infrastructure Levy Regulations 2010 any building comprised in the authorised development is deemed to be—

(a) a building into which people do not normally go; or

(b) a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.

Section 46 Application of landlord and tenant law

(1) This article applies to—

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

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

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

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

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

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

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

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

Section 47 Defence to proceedings in respect of statutory nuisance

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

(a) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with—

(i) a notice served under section 60 (control of noise on construction sites) of the Control of Pollution Act 1974 ; or

(ii) a consent given under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974 ; or

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

(c) is a consequence of the use of the authorised development and that it cannot reasonably be avoided.

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

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

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

Section 48 No double recovery

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

Section 49 Protection of interests

Schedule 9 (protective provisions) has effect.

Section 50 Certification of documents, etc.

(1) As soon as practicable after the making of this Order the undertaker must submit copies of each of the plans and documents set out in Schedule 12 (documents to be certified) to the Secretary of State for certification that they are true copies of those plans and documents.

(2) Where any plan or document set out in Schedule 12 requires to be amended to reflect the terms of the Secretary of State’s decision to make the Order, that plan or document in the form amended to the Secretary of State’s satisfaction is the version of the plan or document required to be certified under paragraph (1).

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