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The Manston Airport Development Consent Order 2022

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 PRINCIPAL POWERS

    1. 3.Development consent etc. granted by the Order

    2. 4.Maintenance of authorised development

    3. 5.Maintenance of drainage works

    4. 6.Limits of deviation

    5. 7.Benefit of Order

    6. 8.Consent to transfer benefit of Order

    7. 9.Guarantees in respect of payment of compensation, etc.

  4. PART 3 STREETS

    1. 10.Application of the 1991 Act

    2. 11.Construction and maintenance of new, altered or diverted streets

    3. 12.Temporary stopping up and restriction of use of streets

    4. 13.Permanent stopping up of public rights of way

    5. 14.Access to works

    6. 15.Traffic regulation

  5. PART 4 SUPPLEMENTAL POWERS

    1. 16.Discharge of water

    2. 17.Protective work to buildings

    3. 18.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION AND POSSESSION

    1. 19.Compulsory acquisition of land

    2. 20.Compulsory acquisition of land – incorporation of the mineral code

    3. 21.Time limit for exercise of authority to acquire land compulsorily

    4. 22.Compulsory acquisition of rights

    5. 23.Subsoil or new rights only to be acquired in certain land

    6. 24.Private rights over land

    7. 25.Modification of Part 1 of the 1965 Act

    8. 26.Application of the 1981 Act

    9. 27.Acquisition of subsoil or airspace only

    10. 28.Rights under or over streets

    11. 29.Temporary use of land for carrying out the authorised development

    12. 30.Temporary use of land for maintaining the authorised development

    13. 31.Statutory undertakers

    14. 32.Apparatus and rights of statutory undertakers in stopped-up streets

    15. 33.Recovery of costs of new connections

  7. PART 6 OPERATIONS

    1. 34.Felling or lopping of trees and removal of hedgerows

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 35.Abrogation of agreement

    2. 36.Application of landlord and tenant law

    3. 37.Removal of human remains

    4. 38.Defence to proceedings in respect of statutory nuisance

    5. 39.Protection of interests

    6. 40.Crown rights

    7. 41.Certification of documents, etc.

    8. 42.Service of notices

    9. 43.Arbitration

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. Interpretation

          1. 1.In this Schedule— “bellyhold” means the cargo hold of a...

        2. Time limits

          1. 2.The authorised development must commence no later than the expiration...

        3. Development masterplans

          1. 3.(1) No part of the authorised development is to be...

        4. Detailed design

          1. 4.(1) No part of the authorised development is to commence...

        5. Detailed design of fuel farm

          1. 5.(1) No part of Work No. 19 is to commence...

        6. Construction environmental management plan

          1. 6.(1) No part of the authorised development is to commence...

        7. Operation environmental management plan

          1. 7.(1) No part of the authorised development is to begin...

        8. Ecological mitigation

          1. 8.(1) No part of the authorised development may be commenced...

        9. Noise mitigation

          1. 9.(1) The undertaker must fully implement the noise mitigation plan....

        10. Landscaping

          1. 10.(1) No part of the authorised development is to commence,...

        11. Contaminated land and groundwater

          1. 11.(1) In the event that land affected by contamination, including...

        12. Protected species

          1. 12.(1) No part of the authorised development is to commence...

        13. Surface and foul water drainage

          1. 13.(1) No part of the authorised development is to commence...

        14. Traffic management

          1. 14.(1) No part of the authorised development is to commence...

        15. Piling and other intrusive works

          1. 15.(1) No operations consisting of piling or other intrusive works...

        16. Archaeological remains

          1. 16.(1) No part of the authorised development is to commence...

        17. Amendments to approved details

          1. 17.With respect to any requirement which requires the authorised development...

        18. Community consultative committee

          1. 18.(1) No part of the authorised development is to commence...

        19. Airport-related commercial facilities

          1. 19.(1) Work Nos. 15, 16 and 17 must only be...

        20. Education, employment and skills plan

          1. 20.(1) No part of the authorised development is to commence...

        21. Airport operation

          1. 21.(1) The operation of the airport is subject to—

        22. Highway improvements

          1. 22.Work Nos. 26 to 31 must be completed in accordance...

        23. Monitoring

          1. 23.No part of the authorised development is to begin operation...

        24. High Resolution Direction Finder

          1. 24.(1) No part of the authorised development must commence unless...

      2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. Applications made under requirements

          1. 25.(1) Where an application has been made to a relevant...

        2. Fees

          1. 26.(1) Where an application is made to a relevant planning...

        3. Appeals

          1. 27.(1) The undertaker may appeal to the Secretary of State...

        4. Outcome of appeals

          1. 28.(1) On an appeal under paragraph 27, the appointed person...

        5. Interpretation of Part 2 of Schedule 2

          1. 29.In Part 2 of Schedule 2— “the appeal parties” means...

    3. SCHEDULE 3

      PERMANENT STOPPING UP OF PUBLIC RIGHTS OF WAY

      1. PART 1 PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

      2. PART 2 PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

    4. SCHEDULE 4

      TRAFFIC REGULATION

    5. SCHEDULE 5

      LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

    6. SCHEDULE 6

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

      1. Compensation enactments

        1. 1.The enactments for the time being in force with respect...

        2. 2.(1) Without limiting paragraph 1, the 1961 Act has effect...

        3. 3.(1) Without limiting paragraph 1, the Land Compensation Act 1973...

      2. Application of Part 1 of the 1965 Act

        1. 4.Part 1 (compulsory purchase under Acquisition of Land Act 1946)...

        2. 5.(1) The modifications referred to in paragraph 4(a) are as...

    7. SCHEDULE 7

      ACQUISITION OF SUBSOIL AND RIGHTS ONLY

      1. PART 1 LAND IN WHICH ONLY SUBSOIL OR RIGHTS OVER SUBSOIL MAY BE ACQUIRED

      2. PART 2 LAND IN WHICH ONLY NEW RIGHTS MAY BE ACQUIRED AT SURFACE LEVEL OR ABOVE

    8. SCHEDULE 8

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    9. SCHEDULE 9

      PROTECTIVE PROVISIONS

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

        1. 1.The following provisions of this Part of this Schedule have...

        2. 2.In this Part of this Schedule— “alternative apparatus” means alternative...

        3. On street apparatus

          1. 3.This Part of this Schedule does not apply to apparatus...

        4. Apparatus in stopped up streets

          1. 4.(1) Where any street is stopped up under article 13...

        5. Protective works to buildings

          1. 5.The undertaker, in the case of the powers conferred by...

        6. Acquisition of land

          1. 6.Regardless of any provision in this Order or anything shown...

        7. Removal of apparatus

          1. 7.(1) If, in the exercise of the powers conferred by...

        8. Facilities and rights for alternative apparatus

          1. 8.(1) Where, in accordance with the provisions of this Part...

        9. Retained apparatus

          1. 9.(1) Not less than 28 days before starting the execution...

        10. Expenses and costs

          1. 10.(1) Subject to the following provisions of this paragraph, the...

          2. 11.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. Cooperation

          1. 12.Where in consequence of the proposed construction of any of...

          2. 13.Nothing in this Part of this Schedule affects the provisions...

      2. PART 2 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. 14.For the protection of any operator, the following provisions have...

        2. 15.In this Part of this Schedule— “the 2003 Act” means...

        3. 16.The exercise of the powers conferred by article 31 (statutory...

        4. 17.(1) Subject to sub-paragraphs (2) to (4), if as the...

      3. PART 3 FOR PROTECTION OF NETWORK RAIL

        1. 18.The following provisions of this Part of this Schedule shall...

        2. 19.In this Part of this Schedule— “construction” includes execution, placing,...

        3. 20.(1) Where under this Part of this Schedule Network Rail...

        4. 21.(1) The undertaker shall before commencing construction of any specified...

        5. 22.(1) Any specified work and any protective works to be...

        6. 23.The undertaker shall— (a) at all times afford reasonable facilities...

        7. 24.Network Rail shall at all times afford reasonable facilities to...

        8. 25.(1) If any permanent or temporary alterations or additions to...

        9. 26.The undertaker shall repay to Network Rail all reasonable fees,...

        10. 27.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

        11. 28.If at any time after the completion of a specified...

        12. 29.The undertaker shall not provide any illumination or illuminated sign...

        13. 30.Any additional expenses which Network Rail may reasonably and properly...

        14. 31.(1) The undertaker shall pay to Network Rail all reasonable...

        15. 32.Network Rail shall, on receipt of a request from the...

        16. 33.In the assessment of any sums payable to Network Rail...

        17. 34.Nothing in this Order, or in any enactment incorporated with...

        18. 35.Any difference or dispute arising between the undertaker and Network...

    10. SCHEDULE 10

      DOCUMENTS TO BE CERTIFIED

  11. Explanatory Note

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