The Town and Country Planning (Manston Airport) Special Development Order 2019

Interpretation

This section has no associated Explanatory Memorandum

2.  For the purposes of this Order—

ADR” means the European Agreement concerning the International Carriage of Dangerous Goods by Road(1);

“animal” means any vertebrate other than man;

“Class 1 substances and articles” (explosives) has the same meaning as in sub-section 2.2.1.1.1 of Annex A to ADR;

“Class 4.1 substances and articles” (polymerising substances) has the same meaning as in sub-sections 2.2.41.1 to 2.2.41.2 and 2.2.41.1.20 to 2.2.41.1.21 of Annex A to ADR;

“Class 6.2 substances and articles” (infectious substances) has the same meaning as in sub-sections 2.2.62.1 to 2.2.62.2 of Annex A to ADR;

“Class 7 substances and articles” (radioactive material) has the same meaning as in sub-section 2.2.7.1.1 of Annex A to ADR;

“dangerous goods” means any goods classified as Class 1-9 in accordance with Chapter 2.2 ADR;

“dangerous goods management plan” means a plan outlining how goods vehicles entering the land and carrying dangerous goods will be managed on site, including but not limited to—

(a)

identifying the loads that are unsuitable for stationing on the land and so are excluded from being stationed on the land;

(b)

the traffic management procedure applying to vehicles carrying such loads, including how they will transit through the land;

(c)

the traffic management procedure applying to vehicles carrying loads that are safe to be stationed on the land but require isolation in the area marked “A” on the map;

(d)

the traffic management procedure of vehicles carrying loads that may require isolating once parked on the land due to leaking;

“goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted;

“goods vehicle movement” means a goods vehicle entering, transiting and exiting the land;

“hard standing” means both permanent and temporary hard standing;

“High Consequence Dangerous Goods” has the meaning given in sub-section 1.10.3.1.2 of Annex A to ADR;

“the High-Resolution Direction Finder” means the system used to monitor ultra high frequency and very high frequency transmissions and provide range information;

“the main exit” means the area shown on the map as “main exit”, extending from the point on the map marked “Gate A” to the area bounded externally by the outer edge of the bold black line and shaded in black;

“the map” means the map marked “Map referred to in the Town and Country Planning (Manston Airport) Special Development Order 2019” a copy of which, signed by a member of the Senior Civil Service in the Department for Transport, is available for inspection at—

(a)

Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR; and

(b)

Thanet District Council, Cecil Street, Margate, Kent, CT9 1XZ;

“permanent hard standing” means hard standing that existed on the land immediately before the date upon which this Order comes into force;

“processing” means—

(a)

recording goods vehicles entering or exiting the land,

(b)

checks on good vehicles to ensure compliance with the conditions imposed by this Order, and

(c)

checks and inspections of goods vehicles conducted for any lawful purpose;

“protected species” means the birds and animals listed in Schedules 1 and 5 to the Wildlife and Countryside Act 1981(2);

“protester policy” means a policy setting out information in relation to protestors on the land, including information about criminal offences that may be committed on the land and the mechanism by which matters may be reported to Kent police;

“refrigeration goods vehicle” means a goods vehicle keeping its load in a chilled or frozen condition;

“site management plan” means a plan outlining—

(a)

the methodology for administering, and

(b)

safe operating guidelines for site officials involved in,

the entry, transit, stationing and exit of goods vehicles using the land;

“temporary hard standing” means the hard standing installed on the land after the date upon which this Order comes into force;

“vehicle examiner” means an examiner appointed pursuant to section 66A of the Road Traffic Act 1988(3).

(1)

ISBN 9789211391565 (2017 edition). Copies can be obtained at http://www.unece.org/trans/danger/publi/adr/adr2017/17contentse0.html or purchased from The Stationery Office shop (https://www.tsoshop.co.uk/ or 0333 200 2425).

(2)

1981 c. 69. Schedule 5 is amended by S.I. 1988/288, 1989/906, 1991/367, 1992/2350, 1998/288, 1998/878, 2007/1843, 2008/2172 and 2011/2015. There are further amendments that are not relevant to this Order.

(3)

1988 c. 53. Section 66A is inserted by the Road Traffic Act 1991 (c. 40), section 9(1) and is amended by the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23), paragraph 11 of Schedule 7.