PART 2PRINCIPAL POWERS

Limits of works

6.—(1) Each numbered work must be situated within the limits of the corresponding numbered area shown on the works plans.

(2) In carrying out the authorised development the undertaker may—

(a)in respect of the Airport Access Road works comprised in Work Nos. 6a(01), 6a(02) and 6a(03) deviate vertically from the proposed levels as shown by the proposed vertical alignment shown on sheets 1 to 4 of the Airport Access Road Highway Mainline-Indicative Plan/Profile within the Airport Access Road and Luton DART long section plans to a maximum of 2.0 metres upwards or downwards; and

(b)in respect of the Luton DART works comprised in Work No. 3g deviate vertically from the proposed rail levels shown on the Indicative Luton DART Tunnel Extension – Alignment Profile within the Airport Access Road and Luton DART long section plans to a maximum of 0.5 metres upwards or 1.0 metres downwards.

(3) The limits set out in paragraphs (1) and (2) do not apply where it is demonstrated by the undertaker to the relevant planning authority’s satisfaction and the relevant planning 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.

(4) Part 5 (procedure for discharge of requirements) of Schedule 2 (requirements) applies to an application to the relevant planning authority for certification under paragraph (3) as though it were an approval required by a requirement under that Schedule.