Search Legislation

Advanced Search

The London Luton Airport Expansion Development Consent Order 2025

Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

  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 works

    5. 7.Benefit of Order

    6. 8.Consent to transfer benefit of Order

  4. PART 3 STREETS

    1. 9.Application of the 1991 Act

    2. 10.Street works

    3. 11.Power to alter layout, etc., of streets

    4. 12.Construction and maintenance of new, altered or diverted streets

    5. 13.Temporary stopping up and restriction of use of streets

    6. 14.Permanent stopping up of public rights of way

    7. 15.Access to works

    8. 16.Traffic regulation

    9. 17.Agreements with street authorities

    10. 18.Designation of highways

  5. PART 4 SUPPLEMENTAL POWERS

    1. 19.Discharge of water

    2. 20.Protective work to buildings

    3. 21.Authority to survey and investigate the land

    4. 22.Felling, lopping and removal of trees, shrubs and hedgerows

    5. 23.Removal of human remains

  6. PART 5 POWERS OF ACQUISITION AND POSSESSION

    1. 24.Compulsory acquisition of land

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

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

    4. 27.Compulsory acquisition of rights and imposition of restrictive covenants

    5. 28.Private rights over land

    6. 29.Modification of Part 1 of the 1965 Act

    7. 30.Application of the 1981 Act

    8. 31.Acquisition of subsoil or airspace only

    9. 32.Rights under or over streets

    10. 33.Temporary use of land for carrying out the authorised development

    11. 34.Temporary use of land for maintaining the authorised development

    12. 35.Special category land

    13. 36.Statutory undertakers

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

    15. 38.Recovery of costs of new connections

    16. 39.Crown rights

    17. 40.Disregard of certain improvements, etc.

    18. 41.Set off for enhancement in value of retained land

  7. PART 6 OPERATIONS

    1. 42.Power to operate the authorised development

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 43.Disapplication of legislative provisions

    2. 44.Interaction with LLAOL planning permission

    3. 45.Application of the 1990 Act

    4. 46.Application of landlord and tenant law

    5. 47.Defence to proceedings in respect of statutory nuisance

    6. 48.No double recovery

    7. 49.Protection of interests

    8. 50.Certification of documents, etc.

    9. 51.Service of notices

    10. 52.Arbitration

    11. 53.Guarantees in respect of payment of compensation

    12. 54.Enhancement and conservation of the Chilterns National Landscape

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. In the administrative area of Luton Borough Council, Central Bedfordshire Council, North Hertfordshire District Council, Hertfordshire County Council and Dacorum Borough Council

      2. Sitewide works to enable development

      3. Airfield works

      4. Terminal and associated works

      5. Airport support facilities

      6. Landscaping and mitigation

      7. Airport Access Road and Offsite Highway Works

      8. Ancillary works

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 GENERAL

        1. 1.Interpretation

        2. 2.Amendments to approved details

        3. 3.Anticipatory steps towards compliance with any requirement

      2. PART 2 REQUIREMENTS PERTAINING TO CONSTRUCTION

        1. 4.Time limits

        2. 5.Phasing of authorised development

        3. 6.Detailed design

        4. 7.Parameters of authorised development

        5. 8.Code of Construction Practice

        6. 9.Landscaping design

        7. 10.Landscape and biodiversity management plan

        8. 11.Protected species

        9. 12.Previously unidentified land contamination and contaminated groundwater

        10. 13.Surface and foul water drainage

        11. 14.Water resources and flood risk assessment

        12. 15.Construction traffic management

        13. 16.Construction workers

        14. 17.Archaeological remains

        15. 18.Remediation of Former Eaton Green Landfill

      3. PART 3 REQUIREMENTS PERTAINING TO GREEN CONTROLLED GROWTH

        1. 19.Interpretation

        2. 20.Exceedance of air quality Level 2 Threshold or Limit

        3. 21.Environmental Scrutiny Group

        4. 22.Monitoring of permitted operations

        5. 23.Exceedance of a Level 1 Threshold

        6. 24.Exceedance of a Level 2 Threshold

        7. 25.Exceedance of a Limit

        8. 26.Review of implementation of this Part

      4. PART 4 REQUIREMENTS PERTAINING TO OTHER OPERATIONAL MATTERS

        1. 27.Passenger cap for the authorised development

        2. 28.Night quota period scheduled movements cap

        3. 29.Annual air traffic movement cap for the authorised development

        4. 30.Air noise management plan

        5. 31.Fixed plant noise management plan

        6. 32.Ground noise management plan

        7. 33.Noise contour limits and quota count point limits

        8. 34.Noise insulation plan and programme

        9. 35.Offsite highways works

        10. 36.Off-site highway works, Work Nos. 6e(d), (e), (f), (j) and (q)

        11. 37.Travel plans

        12. 38.Sustainable transport fund

        13. 39.Operational air quality plan

        14. 40.Greenhouse gas action plan

        15. 41.Operational waste management plan

        16. 42.Water consumption

      5. PART 5 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. 43.Interpretation

        2. 44.Applications made under requirements

        3. 45.Further information

        4. 46.Register of requirements

    3. SCHEDULE 3

      PERMANENT STOPPING UP OF PUBLIC RIGHTS OF WAY

    4. SCHEDULE 4

      DESIGNATION OF HIGHWAYS

    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 AND IMPOSITION OF RESTRICTIVE COVENANTS

      1. Compensation enactments

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

        2. 2.(1) Without limiting paragraph 1, the Land Compensation Act 1973...

        3. 3.(1) Without limiting paragraph 1, the 1961 Act has effect...

      2. Application of Part 1 of the 1965 Act

        1. 4.Part 1 of the 1965 Act, as applied by section...

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

    7. SCHEDULE 7

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    8. SCHEDULE 8

      PROTECTIVE PROVISIONS

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

        1. 1.For the protection of the utility undertakers referred to in...

        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 public rights of way

          1. 4.(1) Where any public right of way is stopped up...

        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.Where, under this Part, the utility undertaker is required to...

          3. 14.Nothing in this Part of this Schedule affects the provisions...

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

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

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

        3. 17.The exercise of the powers conferred by article 36 (statutory...

        4. 18.(1) Subject to sub-paragraphs (2) to (4), if as the...

      3. PART 3 FOR THE PROTECTION OF LONDON LUTON AIRPORT OPERATIONS LIMITED

        1. 19.(1) The provisions of this Part of this Schedule—

      4. PART 4 FOR THE PROTECTION OF CADENT GAS LIMITED

        1. Application

          1. 20.For the protection of Cadent the following provisions will, unless...

        2. Interpretation

          1. 21.In this Part of this Schedule— “alternative apparatus” means appropriate...

        3. On street apparatus

          1. 22.(1) This Part of this Schedule does not apply to...

        4. Apparatus of Cadent in stopped up rights of way

          1. 23.(1) Where any public right of way is stopped up...

        5. Protective works to buildings

          1. 24.The undertaker must exercise the powers conferred by article 20...

        6. Acquisition of land

          1. 25.(1) Regardless of any provision in this Order or anything...

        7. Removal of apparatus

          1. 26.(1) If, in the exercise of the powers conferred by...

        8. Facilities and rights for alternative apparatus

          1. 27.(1) Where, in accordance with the provisions of this Part...

        9. Retained apparatus: protection of Cadent

          1. 28.(1) Not less than 56 days before the commencement of...

        10. Expenses

          1. 29.(1) Subject to the following provisions of this paragraph, the...

        11. Indemnity

          1. 30.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        12. Enactments and agreements

          1. 31.Except where this Part of this Schedule provides otherwise, nothing...

        13. Co-operation

          1. 32.(1) Where in consequence of the proposed construction of any...

        14. Access

          1. 33.If in consequence of any agreement reached in accordance with...

        15. Arbitration

          1. 34.Save for differences or disputes arising under sub-paragraphs 26(2) (removal...

        16. Notices

          1. 35.Notwithstanding article 51 (service of notices) any plans submitted to...

      5. PART 5 FOR THE PROTECTION OF NATIONAL HIGHWAYS LIMITED

        1. Application, etc.

          1. 36.(1) The provisions of this Part of this Schedule apply...

        2. Interpretation

          1. 37.(1) Where the terms defined in article 2 (interpretation) of...

        3. General

          1. 38.The undertaker acknowledges that parts of the works authorised by...

        4. Prior approvals and security

          1. 39.(1) The specified works must not commence until—

        5. Construction of the specified works

          1. 40.(1) The undertaker must— (a) as soon as reasonably practicable...

        6. Payments

          1. 41.(1) The undertaker must pay to National Highways a sum...

        7. Provisional certificate

          1. 42.(1) Following any closure or partial closure of any of...

        8. Opening

          1. 43.The undertaker must notify National Highways not less than 56...

        9. Final condition survey

          1. 44.(1) The undertaker must, as soon as reasonably practicable after...

        10. Defects period

          1. 45.(1) The undertaker must at its own expense remedy any...

        11. Final certificate

          1. 46.(1) The undertaker must apply to National Highways for the...

        12. Security

          1. 47.The specified works must not commence until—

        13. Commuted sums

          1. 48.(1) National Highways must provide to the undertaker an estimate...

        14. Insurance

          1. 49.Prior to the commencement of the specified works the undertaker...

        15. Indemnity

          1. 50.(1) Subject to sub-paragraphs (2) and (3) the undertaker fully...

        16. Maintenance of the specified works

          1. 51.(1) The undertaker must, prior to the commencement of any...

        17. Expert determination

          1. 52.(1) Article 52 (arbitration) of the Order does not apply...

      6. PART 6 FOR THE PROTECTION OF LOCAL HIGHWAY AUTHORITIES

        1. Application, etc.

          1. 53.(1) The provisions of this Part of this Schedule apply...

          2. 54.(1) In this Part of this Schedule— “bond sum” means...

        2. Detailed design information and commencement

          1. 55.Before commencing any specified works, the undertaker must—

        3. Security

          1. 56.The specified works must not commence until—

        4. Road safety audits

          1. 57.(1) Road safety audits required to be carried out by...

        5. Construction of the specified works

          1. 58.The specified works must be carried out by the undertaker...

        6. Inspections and testing of materials

          1. 59.(1) The undertaker must allow and facilitate an appropriately qualified...

        7. Defects in local highways constructed by the undertaker

          1. 60.(1) Until such time as a final certificate has been...

        8. Payments

          1. 61.(1) The undertaker must pay to the relevant highway authority...

        9. Provisional certificate

          1. 62.(1) Subject to sub-paragraph (2), when the undertaker considers that...

        10. Maintenance

          1. 63.(1) Notwithstanding article 12 (construction and maintenance of new, altered...

        11. Final certificate

          1. 64.(1) No sooner than 12 months from the date of...

        12. Emergency work

          1. 65.Nothing in this Part of this Schedule prevents a relevant...

        13. Land interests

          1. 66.Following the issuing of the final certificate under paragraph 63...

        14. Commuted sums

          1. 67.(1) The relevant highway authority must provide to the undertaker...

        15. Insurance

          1. 68.Prior to the commencement of specified works the undertaker must...

        16. Indemnity

          1. 69.(1) Subject to sub-paragraphs (2) and (3) the undertaker fully...

      7. PART 7 FOR THE PROTECTION OF RAILWAY INTERESTS

        1. Application

          1. 70.The provisions of this Part of this Schedule have effect...

        2. Interpretation

          1. 71.In this Part of this Schedule— “construction” includes execution, placing,...

        3. Approval of plans

          1. 72.(1) Where under this Part of this Schedule Network Rail...

          2. 73.(1) The undertaker must before commencing construction of any specified...

          3. 74.(1) Any specified work and any protective works to be...

          4. 75.The undertaker must— (a) at all times afford reasonable facilities...

          5. 76.Network Rail must at all times afford reasonable facilities to...

          6. 77.(1) If any permanent or temporary alterations or additions to...

          7. 78.The undertaker must repay to Network Rail all reasonable fees,...

          8. 79.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

          9. 80.If at any time after the completion of a specified...

          10. 81.The undertaker must not provide any illumination or illuminated sign...

          11. 82.Any additional expenses which Network Rail may reasonably incur in...

          12. 83.(1) The undertaker must pay to Network Rail all reasonable...

          13. 84.Network Rail must, on receipt of a request from the...

          14. 85.In the assessment of any sums payable to Network Rail...

          15. 86.The undertaker and Network Rail may, subject in the case...

          16. 87.Nothing in this Order, or in any enactment incorporated with...

          17. 88.The undertaker must give written notice to Network Rail if...

          18. 89.The undertaker must no later than 28 days from the...

          19. 90.In relation to any dispute arising under this Part of...

    9. SCHEDULE 9

      DOCUMENTS TO BE CERTIFIED

  11. Explanatory Note

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: