SCHEDULES

Articles 3 and 22

SCHEDULE 2REQUIREMENTS

PART 1GENERAL

Interpretation

schedule 2 paragraph 1 + 1.  In this Schedule—

term air noise management plan + “air noise management plan” means the document certified by the Secretary of State as the air noise management plan for the purposes of the Order under article 50 (certification of documents, etc.) and referenced in Schedule 9 (documents to be certified);

term amphibian and reptile mitigation strategy + “amphibian and reptile mitigation strategy” means Appendix 8.6 of the environmental statement;

term badger mitigation strategy + “badger mitigation strategy” means Appendix 8.7 of the environmental statement;

term bat mitigation strategy + “bat mitigation strategy” means Appendix 8.8 of the environmental statement;

term begin + “begin” means to carry out 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;

term bird mitigation strategy + “bird mitigation strategy” means Appendix 8.9 of the environmental statement;

term business day + “business day” means a day other than Saturday or Sunday, which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971(1);

term commence + “commence” means carrying out 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—

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

term cultural heritage management plan + “cultural heritage management plan” means Appendix 10.6 of the environmental statement;

term design principles + “design principles” means the document certified by the Secretary of State as the design principles for the purposes of the Order under article 50 and referenced in Schedule 9;

term discharging authority + “discharging authority” means the authority from whom a consent, approval or agreement, referred to in Part 1, Part 2 or Part 4 of this Schedule, is required or requested by the undertaker;

term drainage design statement + “drainage design statement” means Appendix 20.4 of the environmental statement;

term ecological mitigation strategies + “ecological mitigation strategies” means together the badger mitigation strategy, the bat mitigation strategy, the bird mitigation strategy, the amphibian and reptile and amphibian mitigation strategy and the orchid and invertebrate mitigation strategy;

term esg + “ESG” means the Environmental Scrutiny Group, the independent group established by paragraph 21 in Part 3 of this Schedule whose functions are relevant to any matter under this Schedule and any approval or agreement required by the ESG under this Schedule is to be construed accordingly;

term european protected species + “European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017(2);

term exempt flights + “exempt flights” means unplanned air transport movements which do not carry commercial passengers, which includes but is not restricted to—

term fixed plant noise management plan + “fixed plant noise management plan” means Appendix 16.3 of the environmental statement;

term framework travel plan + “framework travel plan” means the document certified by the Secretary of State as the framework travel plan for the purposes of the Order under article 50 and referenced in Schedule 9;

term infant + “infant” means a person under the age of two years;

term landscaping mitigation + “landscaping mitigation” means all the work numbers listed under Work No. 5, hard and soft landscaping identified in individual work numbers in the landscaping and mitigation section of Schedule 1 to the Order and areas identified in Figures 14.10 to 14.13 inclusive in Chapter 14 Landscape and Visual Figures of the environmental statement;

term light obtrusion assessment + “light obtrusion assessment” means Part A and B in Appendix 5.2 of the environmental statement;

term nationally protected species + “nationally protected species” means any species protected under the Wildlife and Countryside Act 1981(4);

term orchid and invertebrate mitigation strategy + “orchid and invertebrate mitigation strategy” means Appendix 8.10 of the environmental statement;

term outline construction traffic management plan + “outline construction traffic management plan” means Appendix 18.3 of the environmental statement;

term outline construction workers travel plan + “outline construction workers travel plan” means Appendix 18.4 of the environmental statement;

term outline foundation works risk assessment + “outline foundation works risk assessment” means Appendix 17.6 of the environmental statement;

term outline greenhouse gas action plan + “outline greenhouse gas action plan” means Appendix 12.1 of the environmental statement;

term outline ground noise management plan + “outline ground noise management plan” means the document certified by the Secretary of State as the outline ground noise management plan for the purposes of the Order under article 50 and referenced in Schedule 9;

term outline landscape and biodiversity management plan + “outline landscape and biodiversity management plan” means Appendix 8.2 of the environmental statement;

term outline operational air quality plan + “outline operational air quality plan” means Appendix 7.5 of the environmental statement;

term outline operational waste management plan + “outline operational waste management plan” means Appendix 19.2 of the environmental statement;

term outline remediation strategy for the former eaton green landfill site + “outline remediation strategy (for the former Eaton Green Landfill site)” means Appendix 17.5 of the environmental statement;

term outline site waste management plan + “outline site waste management plan” means Appendix 19.1 of the environmental statement;

term outline soil management plan + “outline soil management plan” means Appendix 6.6 of the environmental statement;

term outline transport related impacts monitoring and mitigation approach + “outline transport related impacts monitoring and mitigation approach” means the document certified by the Secretary of State as the outline transport related impacts monitoring and mitigation approach for the purposes of the Order under article 50 and referenced in Schedule 9;

term passengers + “passengers” means commercial airline passengers and general aviation passengers, but excluding infants, passengers on diverted planes and passengers on exempt flights;

term passengers per annum + “passengers per annum” means passengers per calendar year; and

term relevant sewerage undertaker + “relevant sewerage undertaker” means Thames Water Utilities Limited (company number 02366623, whose registered office is at Clearwater Court, Vastern Road, Reading, Berkshire, RG1 8DB) and any successor to it as a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991;

term relevant water undertaker + “relevant water undertaker” means Affinity Water Limited (company number 02546950, whose registered office is at Tamblin Way, Hatfield, Hertfordshire, AL10 9EZ) and Thames Water Utilities Limited (company number 02366623, whose registered office is at Clearwater Court, Vastern Road, Reading, Berkshire, RG1 8DB) and any successor to them as a water undertaker within the meaning of the Water Industry Act 1991;

term specified authorities + “specified authorities” means Central Bedfordshire Council, Dacorum Borough Council, Hertfordshire County Council, Luton Borough Council and North Hertfordshire District Council, but excluding any of those authorities where they are the discharging authority;

term strategic landscape masterplan + “strategic landscape masterplan” means the document certified by the Secretary of State as the strategic landscape masterplan for the purposes of the Order under article 50 and referenced in Schedule 9;

term substantially in accordance with + “substantially in accordance with” means that the plan or detail to be submitted should in the main accord with the outline document and where it varies from the outline document should not give rise to any new or any materially new or materially different environmental effects in comparison with those reported in the Environmental Statement; and

term sustainable transport fund + “sustainable transport fund” means the document certified by the Secretary of State as the sustainable transport fund for the purposes of the Order under article 50 and referenced in Schedule 9.

Amendments to approved details

schedule 2 paragraph 2 + 2.—(1) The undertaker may apply to Luton Borough Council for approval to amend—

schedule 2 paragraph 2 1 a + (a)the air noise management plan;

schedule 2 paragraph 2 1 b + (b)the design principles;

schedule 2 paragraph 2 1 c + (c)the code of construction practice;

schedule 2 paragraph 2 1 d + (d)the cultural heritage management plan;

schedule 2 paragraph 2 1 e + (e)the fixed plant noise management plan; and

schedule 2 paragraph 2 1 f + (f)the sustainable transport fund.

(2) Prior to approving an application under sub-paragraph (1), Luton Borough Council must consult the specified authorities on the proposed amendment of a plan, document or parameters referred to under sub-paragraph (1) and in relation to sub-paragraph (1)(b) the Environment Agency and water and sewage undertakers and in relation to t sub-paragraph (1)(f) National Highways and Buckinghamshire Council.

(3) Where any plans, details or scheme requires approval by the relevant planning authority or the relevant highway authority in accordance with any paragraph in Part 2 or Part 4 of this Schedule—

schedule 2 paragraph 2 3 a + (a)the undertaker may apply to that authority for approval to amend that plan, detail or scheme; and

schedule 2 paragraph 2 3 b + (b)where the paragraph specifies that consultation with a consultee is required, that consultee must be consulted by the discharging authority on the proposed amendment of that plan, detail or scheme, prior to any approval being given.

(4) On approval of an application under sub-paragraphs (1) or (3), those documents, plans, details, schemes or parameters are to be taken to include the amendments approved by the discharging authority in accordance with those sub-paragraphs.

(5) Approval under sub-paragraphs (1) or (3) must not be given except where it has been demonstrated to the satisfaction of the discharging authority that the subject matter of the approval sought would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(6) Any application under sub-paragraphs (1) or (3) must include—

schedule 2 paragraph 2 6 a + (a)a document identifying the specific amendments being sought to the approved details; and

schedule 2 paragraph 2 6 b + (b)such information as is adequate and reasonable to inform the discharging authority’s consideration under sub-paragraph (5) as to whether the amendment gives rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Anticipatory steps towards compliance with any requirement

schedule 2 paragraph 3 + 3.  If before the coming into force of this Order the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of Parts 2, 3 or 4 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

PART 2REQUIREMENTS PERTAINING TO CONSTRUCTION

Time limits

schedule 2 paragraph 4 + 4.  The authorised development must begin no later than the expiration of 5 years beginning with the date that this Order comes into force.

Phasing of authorised development

schedule 2 paragraph 5 + 5.—(1) The authorised development must not commence until a written scheme setting out the planned phases for construction of the authorised development has been submitted to and approved in writing by Luton Borough Council, in consultation with the specified authorities, Buckinghamshire Council and National Highways.

(2) The written scheme submitted under sub-paragraph (1) must be substantially in accordance with the phases shown on the scheme layout plans, except that this does not prevent the incremental delivery of parts of the authorised development within those phases nor require the delivery of a part within in a specific phase, provided this does not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(3) The undertaker must undertake a review of, and make any necessary updates to, the written scheme no later than five years from the date the development is commenced, or sooner where a substantial change to the stages of construction is anticipated, and no later than every five years thereafter until construction of the authorised development is completed.

(4) The updated written scheme under sub-paragraph (3) must be submitted to and approved in writing by Luton Borough Council, in consultation with the specified authorities, Buckinghamshire Council and National Highways.

(5) The authorised development shall be carried out in accordance with the details approved unless otherwise agreed in writing by Luton Borough Council.

term written scheme + (6) In this paragraph “written scheme” means a scheme which—

schedule 2 paragraph 5 6 a + (a)identifies, with reference to the Schedule 1 works, the parts of the authorised development that are planned to be constructed within each phase;

schedule 2 paragraph 5 6 b + (b)includes a layout plan showing the location of the works to be delivered in each phase; and

schedule 2 paragraph 5 6 c + (c)includes an indicative construction programme for the next five-year period, and provides indicative timings for later phases.

Detailed design

schedule 2 paragraph 6 + 6.—(1) No part of the authorised development is to commence until an application containing the detailed design of that part has been submitted to and approved in writing by the relevant planning authority.

(2) The application referred to in sub-paragraph (1) must include the following details—

schedule 2 paragraph 6 2 a + (a)plans, sections and supporting information showing the detailed layout, siting, scale, levels (including where relevant finished floor levels) and external appearance of any buildings, structure and other works;

schedule 2 paragraph 6 2 b + (b)identification of the specific Schedule 1 works (or part of works), including the components described in those works, which comprise the part of the authorised development for which the detailed design approval is being sought;

schedule 2 paragraph 6 2 c + (c)for any works within the airport—

schedule 2 paragraph 6 2 c i + (i)a plan which identifies the location and extent of the specific Schedule 1 works in relation to the scheme layout plans, and identifies any other parts of the scheme layout plans for which an approval under sub-paragraph (1) has already been obtained; and

schedule 2 paragraph 6 2 c ii + (ii)a statement identifying the current passenger throughput of the airport, in million passengers per annum, and an indicative estimate of the amount of any passenger throughput increase, if any, expected to be facilitated by implementation of that part of the authorised development and the indicative timescales for realising that increase in throughput;

schedule 2 paragraph 6 2 d + (d)information to demonstrate that the works comply with the dimensions and levels contained in the table in paragraph 7 (parameters of authorised development) of this Schedule, where applicable;

schedule 2 paragraph 6 2 e + (e)in respect of Works Nos. 3b(01), 3b(02), 3d, 3f, 3g and 4a, a report setting out—

schedule 2 paragraph 6 2 e i + (i)the design approach;

schedule 2 paragraph 6 2 e ii + (ii)how the design principles have been incorporated into the final design; and

schedule 2 paragraph 6 2 e iii + (iii)how the output of the design review process has been taken into account in the design presented for approval;

schedule 2 paragraph 6 2 f + (f)an indicative programme for the implementation of the works;

schedule 2 paragraph 6 2 g + (g)an operational lighting scheme for any building, structure or other works for that part, including detailed measures to prevent light spillage, incorporating the principles and mitigation measures contained in part A of the light obtrusion assessment, and in accordance with the exterior lighting strategy contained in part B of the light obtrusion assessment; and

schedule 2 paragraph 6 2 h + (h)a detailed glint and glare assessment in respect of any part comprising solar energy production or canopies to support photovoltaic panels.

(3) The detailed design referred to in sub-paragraph (1)—

schedule 2 paragraph 6 3 a + (a)is to be in accordance with the design principles;

schedule 2 paragraph 6 3 b + (b)is to be within the limits shown on the works plans, subject to article 6(3) (limits of works);

schedule 2 paragraph 6 3 c + (c)is to be within any relevant parameters set out in paragraph 7 (parameters of authorised development) of this Schedule, subject to paragraph 2(1)(g); and

schedule 2 paragraph 6 3 d + (d)is not to give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(4) The authorised development must be carried out in accordance with the details approved under sub-paragraph (1).

(5) The undertaker must provide the relevant planning authority with—

schedule 2 paragraph 6 5 a + (a)written notice of commencement of the part of the authorised development approved under sub-paragraph (1); and

schedule 2 paragraph 6 5 b + (b)written notice of completion of that part of the authorised development as soon as reasonably practicable after that completion.

Parameters of authorised development

schedule 2 paragraph 7 + 7.  The elements of the authorised development listed in columns (1) and (2) of the table below must not exceed the maximum dimensions and levels (as applicable) set out in relation to that element in columns (3) to (6) of that table.

Code of Construction Practice

schedule 2 paragraph 8 + 8.—(1) The authorised development must be carried out in accordance with the code of construction practice and with the management plans approved under sub-paragraphs (2) and (3).

(2) No part of the authorised development may commence until the following management plans have been developed for that part, substantially in accordance with the outlines of those plans referred to or provided in the code of construction practice, and approved in writing by the relevant planning authority in consultation with other consultees that the relevant planning authority consider appropriate—

schedule 2 paragraph 8 2 a + (a)framework materials management plan;

schedule 2 paragraph 8 2 b + (b)carbon efficiency plan;

schedule 2 paragraph 8 2 c + (c)construction surface water management strategy;

schedule 2 paragraph 8 2 d + (d)construction noise and vibration management plan;

schedule 2 paragraph 8 2 e + (e)community engagement plan;

schedule 2 paragraph 8 2 f + (f)emergency plan;

schedule 2 paragraph 8 2 g + (g)pollution incident control plan;

schedule 2 paragraph 8 2 h + (h)dust management plan;

schedule 2 paragraph 8 2 i + (i)site waste management plan (to be substantially in accordance with the outline site waste management plan); and

schedule 2 paragraph 8 2 j + (j)soil management plan (to be substantially in accordance with the outline soil management plan).

(3) No part of the authorised development may commence until a construction site lighting plan for that part, substantially in accordance with the lighting measures contained in the code of construction practice, and including detailed measures to minimise light spillage, has been submitted to and approved in writing by the relevant planning authority in consultation with the specified authorities and the relevant highway authority.

Landscaping design

schedule 2 paragraph 9 + 9.—(1) No part of the authorised development containing landscaping mitigation may commence until for that part a landscaping scheme has been submitted to and approved in writing by the relevant planning authority.

(2) The landscaping scheme approved under sub-paragraph (1) must be in accordance with the principles set out in the strategic landscape masterplan and the design principles, and must include details of—

schedule 2 paragraph 9 2 a + (a)location, number, species mix, size and planting density of any proposed planting;

schedule 2 paragraph 9 2 b + (b)cultivation, importing of materials and other operations to ensure plant establishment;

schedule 2 paragraph 9 2 c + (c)existing trees to be retained, with measures for their protection during the construction period;

schedule 2 paragraph 9 2 d + (d)hard landscaping and materials, including colour, boundary treatment, structures and street furniture;

schedule 2 paragraph 9 2 e + (e)a timetable for the implementation of the landscaping works; and

schedule 2 paragraph 9 2 f + (f)any change to existing land levels, including cross sections showing slope profiles and gradients of any permanent earthworks.

(3) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards, other recognised codes of good practice and in line with the requirements of any environmental permit applicable to the works.

(4) The authorised development must be constructed in accordance with the landscaping scheme approved under sub-paragraph (1) and thereafter maintained in accordance with the relevant landscape and biodiversity management plan for that part approved under paragraph 10.

Landscape and biodiversity management plan

schedule 2 paragraph 10 + 10.—(1) No part of the authorised development may commence, nor may powers under article 22 (felling, lopping and removal of trees, shrubs and hedgerows) be exercised in relation to that part, until for that part a landscape and biodiversity management plan has been submitted and approved in writing by the relevant planning authority.

(2) The landscape and biodiversity management plan approved under sub-paragraph (1) must be substantially in accordance with the outline landscape and biodiversity management plan.

(3) The authorised development must be carried out and maintained in accordance with the landscaping and biodiversity management plan referred to in sub-paragraph (1).

(4) Any tree or shrub planted as part of a landscaping scheme that, within the specified period after planting, is removed, uprooted, destroyed, dies or becomes in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted unless otherwise agreed in writing with the relevant planning authority.

term specified period + (5) In this paragraph, “specified period” means

schedule 2 paragraph 10 5 a + (a)a period of 30 years in respect of the works implemented under Work No. 5b(01), Work No. 5c(01), Work No. 5c(02), Work No. 5d(01), Work No. 5d(02) and Work No. 5e in Schedule 1 to this Order; and

schedule 2 paragraph 10 5 b + (b)A period of 5 years in all other respects,

or such other period as may be specified in accordance with the landscaping and biodiversity management plan.

Protected species

schedule 2 paragraph 11 + 11.—(1) No part of the authorised development may commence until for that part final pre-construction survey work has been carried out to establish up to date information, in particular whether a European protected species or a nationally protected species is present on any of the land affected, or likely to be affected, by that part of the authorised development.

(2) Where a European protected species or nationally protected species is shown to be present following the pre-construction survey referred to in sub-paragraph (1), the relevant part of the authorised development must not commence until a scheme of mitigation measures, substantially in accordance with the relevant ecological mitigation strategies, has been submitted to and approved by the relevant planning authority following consultation with Natural England or, where appropriate, a protected species licence has been granted by Natural England.

(3) The authorised development must be constructed in accordance with the scheme of mitigation measures approved under sub-paragraph (2) or, where relevant, in accordance with the terms of a protected species licence granted by Natural England.

Previously unidentified land contamination and contaminated groundwater

schedule 2 paragraph 12 + 12.—(1) In the event that land affected by contamination, including groundwater, is found at any time when constructing the authorised development which was not previously identified in the environmental statement, it must be reported as soon as reasonably practicable to the relevant planning authority, the Environment Agency and the relevant water undertaker, and the undertaker must complete a risk assessment of the contamination in consultation with the relevant planning authority, the Environment Agency and the relevant water undertaker.

(2) Where the undertaker determines that remediation of the land contamination is necessary consequent to the risk assessment in sub-paragraph (1), a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose must be submitted to and approved in writing by the relevant planning authority, following consultation with the Environment Agency and the relevant water undertaker.

(3) Any required and agreed remediation must be carried out in accordance with the scheme approved under sub-paragraph (2).

(4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation scheme in sub-paragraph (2) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action must be submitted to and approved in writing by the relevant planning authority, following consultation with the Environment Agency and the relevant water undertaker.

(5) The relevant part of the authorised development may not be brought into use until a verification report demonstrating the completion of works set out in the approved remediation scheme and the effectiveness of the remediation will be submitted to, and approved in writing by, the relevant planning authority following consultation with the Environment Agency and the relevant water undertaker.

(6) The report referred to in sub-paragraph (5) will include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.

Surface and foul water drainage

schedule 2 paragraph 13 + 13.—(1) No part of the authorised development may commence until for that part written details of a surface and foul water drainage plan, including means of pollution control and monitoring, have been submitted and approved in writing by the relevant planning authority following consultation with the Environment Agency, the lead local flood authority and the relevant water and sewerage undertakers.

(2) The details submitted under sub-paragraph (1) must be in accordance with the drainage principles set out in the design principles, and must include—

schedule 2 paragraph 13 2 a + (a)the specification for the surface and foul water drainage plant, including performance specifications for discharge levels in accordance with paragraph 7.5-7.7 of the drainage design statement;

schedule 2 paragraph 13 2 b + (b)details on the means on long-term monitoring to be carried out; and

schedule 2 paragraph 13 2 c + (c)details on the mitigation measures to be implemented if the performance specifications referred to in sub-paragraph (a) are not met.

(3) The authorised development must be carried out in accordance with the details approved under sub-paragraph (1).

term surface and foul water drainage plant + (4) In paragraph 13(2), “surface and foul water drainage plant” means the surface and foul water drainage plant to be constructed under Work Nos. 4d and 4v, or any other water treatment plant, drainage system and its treatment and discharge, and any other related works to be constructed under the terms of this Order.

Water resources and flood risk assessment

schedule 2 paragraph 14 + 14.—(1) The undertaker is required to consider the Flood and Coastal Erosion Risk Data published quarterly by the Environment Agency in the water resources and flood risk assessment, in consultation with the Environment Agency and the lead local flood authority.

(2) The undertaker is required to carry out the authorised development in accordance with the water resources and flood risk assessment.

Construction traffic management

schedule 2 paragraph 15 + 15.—(1) No part of the authorised development may commence until a construction traffic management plan for the construction of that part has been submitted to and approved in writing by the relevant planning authority, following consultation with the specified authorities, Buckinghamshire Council and National Highways.

(2) The construction traffic management plan submitted under sub-paragraph (1) must be substantially in accordance with the outline construction traffic management plan.

(3) The authorised development must be carried out in accordance with the construction traffic management plan referred to in sub-paragraph (1).

Construction workers

schedule 2 paragraph 16 + 16.—(1) No part of the authorised development may commence until a construction workers travel plan for the construction of that part has been submitted to and approved in writing by the relevant planning authority, following consultation with the specified authorities and Buckinghamshire Council.

(2) The construction workers travel plan submitted under sub-paragraph (1) must be substantially in accordance with the outline construction workers travel plan.

(3) The authorised development must be carried out in accordance with the construction workers travel plan referred to in sub-paragraph (1).

Archaeological remains

schedule 2 paragraph 17 + 17.—(1) The authorised development must be carried out in accordance with the cultural heritage management plan and any site-specific written scheme of investigation approved under sub-paragraph (2).

(2) Where the cultural heritage management plan provides for the subsequent approval of the relevant planning authority of a site-specific written scheme of investigation for certain specified elements of the authorised development, such parts of the authorised development are not to commence until for the construction of that part a site-specific written scheme for the investigation of areas of archaeological interest, incorporating the details set out in the cultural heritage management plan has been submitted to and approved in writing by the relevant planning authority following consultation, where applicable, with Historic England.

(3) A copy of any analysis, reporting, publication or archiving required as part of a written scheme of investigation referred to in sub-paragraph (2) must be deposited with the relevant planning authority within one year of the date of completion of the relevant part of the authorised development to which the site-specific written scheme of investigation relates, or such other period as may be agreed in writing by the relevant planning authority or specified in the written scheme of investigation referred to in sub-paragraph (2).

Remediation of Former Eaton Green Landfill

schedule 2 paragraph 18 + 18.—(1) No part of the authorised development comprising Work No. 1b may commence until—

schedule 2 paragraph 18 1 a + (a)a remediation strategy;

schedule 2 paragraph 18 1 b + (b)a foundation works risk assessment; and

schedule 2 paragraph 18 1 c + (c)a groundwater, ground gas and leachate monitoring strategy,

for the former Eaton Green Landfill has been submitted to and approved in writing by the relevant planning authority, following consultation with the Environment Agency and the relevant water undertaker.

(2) The remediation strategy to be approved under sub-paragraph (1) must be substantially in accordance with the outline remediation strategy (for the former Eaton Green Landfill site).

(3) The foundation works risk assessment to be approved under sub-paragraph (1) must be substantially in accordance with the outline foundation works risk assessment.

(4) The groundwater, ground gas and leachate monitoring strategy to be approved under sub-paragraph (1) must be substantially in accordance with the outline strategy report for groundwater, ground gas and leachate monitoring strategy.

(5) Work No. 1b must be carried out in accordance with the remediation strategy, foundation works risk assessment and ground water, ground gas and leachate monitoring strategy approved under sub-paragraph (1).

PART 3REQUIREMENTS PERTAINING TO GREEN CONTROLLED GROWTH

Interpretation

schedule 2 paragraph 19 + 19.  In Parts 3 and 6—

term airport capacity declaration + “airport capacity declaration” means the parameters in relation to hourly runway capacity submitted by the airport operator for slot allocation in accordance with regulation 6 (coordination parameters) of the slots regulations;

term competent officer + “competent person” or “competent officer” means a person that has sufficient training and experience or knowledge to undertake monitoring and reporting;

term consultation period + “consultation period” means the period of 28 days starting on the date of the provision of the relevant report or plan unless another time period is agreed by the undertaker and the ESG;

term council regulation + “council regulation” means Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports as retained (and amended in UK domestic law) under the European Union (Withdrawal) Act 2018;

term existing capacity declaration + “existing capacity declaration” means—

term existing number of allocated slots + “existing number of allocated slots” means —

in each case, excluding the number of exempt flights in the relevant season;

term green controlled growth framework + “green controlled growth framework” means the document certified by the Secretary of State as the green controlled growth framework for the purposes of the Order under article 50 and referenced in Schedule 9;

term level 2 plan + “Level 2 Plan” means a plan which sets out—

term level 1 threshold + “Level 1 Threshold” means, subject to sub-paragraph (2), each of the air quality, noise, greenhouse gas emissions or surface access thresholds of that description identified in the green controlled growth framework;

term level 2 threshold + “Level 2 Threshold” means, subject to sub-paragraph (2) and paragraph 20 (exceedance of air quality Level 2 Limit or Threshold) of this Part of this Schedule, each of the air quality, noise, greenhouse gas emissions or surface access thresholds of that description identified in the green controlled growth framework;

term limit + “Limit” means, subject to sub-paragraph (2) and paragraph 20 (exceedance of air quality Level 2 Limit or Threshold) of this Part of this Schedule, each of the air quality, noise, greenhouse gas emissions or surface access limit of that description identified in the green controlled growth framework;

term mitigation plan + “Mitigation Plan” means a plan which sets out—

term monitoring plans + “Monitoring Plans” means the following appendices to the green controlled growth framework—

or any variations to those plans approved under paragraph 22(5) (monitoring of permitted operations) of this Schedule;

term monitoring report + “Monitoring Report” means a report submitted to the ESG containing monitoring and assessments, prepared by competent persons, of whether a Level 1 Threshold, Level 2 Threshold, or Limit have been exceeded in accordance with the Monitoring Plan;

term slots regulations + “slots regulations” means the Airports Slot Allocation Regulations 2006(5);

term technical panel + “Technical Panel” means a forum of individuals and bodies who are able to provide suitable technical support to the ESG; and

term terms of reference + “terms of reference” means—

(2) References to a Level 1 Threshold, Level 2 Threshold, and Limit are to be construed as references to those thresholds and Limits which may be revised in accordance with the green controlled growth framework and paragraph 26 (review of implementation of this Part) of this Schedule.

(3) References to the Civil Aviation 1982, or guidance associated with that Act, are, for the purposes of this Part, to be construed as a reference to those provisions or guidance as amended, substituted or replaced, and with such modifications as are required in those circumstances.

(4) The time periods in paragraphs 22 (monitoring of permitted operations), 24 (exceedance of a Level 2 Threshold), 25 (exceedance of a Limit) or 26 (review of implementation of this Part) of this Part apply unless another time period is agreed by the undertaker and the ESG or it is modified in accordance with the process in paragraph 26 (review of implementation of this Part) and references to the time period in those paragraphs are to be construed as references to any agreed or modified time periods.

Exceedance of air quality Level 2 Threshold or Limit

schedule 2 paragraph 20 + 20.  For the purposes of this Part, unless otherwise agreed between the undertaker and the ESG, the exceedance of a Level 2 Threshold or Limit relating to air quality requires—

schedule 2 paragraph 20 a + (a)an exceedance of the annual average pollutant concentrations in Table 4.3 of the green controlled growth framework; and

schedule 2 paragraph 20 b + (b)determination by the undertaker that its contribution to the annual average concentration of a pollutant has increased by at least 5 percentage points above the contributions specified in Table 4.2 of the green controlled growth framework relative to the Limit.

Environmental Scrutiny Group

term esg + schedule 2 paragraph 21 + 21.—(1) The undertaker must establish a body which is hereinafter referred to as the Environmental Scrutiny Group (“ESG”) as soon as reasonably practicable following service of the notice under article 44(1) (interaction with LLAOL planning permission) and in any event no later than 56 days prior to the due date for submission of the first Monitoring Report under paragraph 22 (monitoring of permitted operations) of this Part.

(2) The undertaker will request the attendance of the following individuals and competent officers of the following authorities to a meeting held by the ESG—

schedule 2 paragraph 21 2 a + (a)Central Bedfordshire Council;

schedule 2 paragraph 21 2 b + (b)Dacorum Borough Council;

schedule 2 paragraph 21 2 c + (c)Hertfordshire County Council;

schedule 2 paragraph 21 2 d + (d)Luton Borough Council;

schedule 2 paragraph 21 2 e + (e)North Hertfordshire District Council;

schedule 2 paragraph 21 2 f + (f)representation from a slot allocation expert;

schedule 2 paragraph 21 2 g + (g)an independent chairperson appointed in accordance with the terms of reference; and

schedule 2 paragraph 21 2 h + (h)an independent aviation specialist appointed in accordance with the terms of reference.

(3) The individual and competent officers in sub-paragraph (2) constitute the members of the ESG for the purposes of this Order from—

schedule 2 paragraph 21 3 a + (a)in the case of the independent chairperson, the independent aviation specialist and the slot allocation expert, the date of their appointment in accordance with the terms of reference; and

schedule 2 paragraph 21 3 b + (b)in the case of the Councils, the date on which they notify the independent chairperson of who their individual competent officer is and their appointment will be from that date,

and the membership of the ESG may include such additional individuals or bodies as agreed by the ESG and the undertaker.

(4) The ESG must operate, meet and make decisions in accordance with its terms of reference unless—

schedule 2 paragraph 21 4 a + (a)otherwise agreed by the ESG and the undertaker, in accordance with the process set out in its terms of reference; or

schedule 2 paragraph 21 4 b + (b)where the ESG has not been established in accordance with sub-paragraph (1), otherwise agreed by the bodies listed in sub-paragraph (2)(a) to (e) and the undertaker.

(5) The ESG is quorate for the purposes of decision making where the independent chair, independent aviation specialist, slot allocation expert (or an agreed substitute) and a minimum of two local authority representatives are present. In the event that quorum cannot be achieved at the scheduled meeting held under the provisions of sub-paragraph (2), then a further meeting may be held within seven days of such a meeting where as a minimum the independent chair, independent aviation specialist, slot allocation expert (or a substitute agreed) and at least one local authority representative who is not from Luton Borough Council are present.

(6) The undertaker, and if different, the airport owner or the airport operator, are permitted to attend the proceedings of the ESG and may make representations at the proceedings and present reports and plans to the ESG.

(7) The undertaker must establish Technical Panels which will provide technical support to the ESG in relation to each of the following matters—

schedule 2 paragraph 21 7 a + (a)air quality;

schedule 2 paragraph 21 7 b + (b)greenhouse gas emissions;

schedule 2 paragraph 21 7 c + (c)noise; and

schedule 2 paragraph 21 7 d + (d)surface access.

(8) The bodies invited to nominate a technical representative, and the appointment of an independent expert, to each Technical Panel will be determined in accordance with its terms of reference. The local authority nominated representative, subject to being a competent person, is not subject to approval by the chairperson of the relevant Technical Panel.

(9) The technical representatives nominated under sub-paragraph (7) and the independent technical expert will constitute the members of the Technical Panel for the purposes of this Order from the date approval is provided by the independent chairperson of the ESG in accordance with its terms of reference.

(10) Each Technical Panel must operate and make recommendations in accordance with its terms of reference unless otherwise agreed by the ESG and the undertaker, in accordance with the process set out in its terms of reference.

(11) The undertaker, and if different, the airport owner or the airport operator are permitted to attend the proceedings of the Technical Panels and may make representations at the proceedings and present reports and plans to the Technical Panels.

(12) Where the terms of reference impose obligations on the undertaker, the undertaker must act in accordance with the terms of reference.

(13) Part VA (access to meetings and documents of certain authorities, committees and subcommittees) of the Local Government Act 1972(6) and the Public Bodies (Admission to Meetings) Act 1960(7) do not apply to the ESG, or any Technical Panel, or to its meetings or proceedings.

(14) In this paragraph—

term airport owner + “airport owner” means the undertaker on the date this Order is made;

term competent officer + “competent officer” means a local authority officer that has sufficient training and experience or knowledge to consider reports from technical specialists and use these to support a decision-making function linked to a planning consent;

“independent aviation specialist” is an independent and suitably qualified person specialising in aviation;

“independent chairperson” is an independent and suitably qualified person with appropriate aviation experience;

term independent technical expert + “independent technical expert” means an independent person that is suitably qualified or has significant technical experience in either air quality, greenhouse gas emissions, noise or surface access;

term slot allocation expert + “slot allocation expert” means a representative of a body involved with, or an individual with suitable knowledge, skills and experience related to the implementation and / or operation of the Worldwide Airport Slot Guidelines (WASG), or any successor document to establish best practice for the allocation of airport slots; and

term technical representative + “technical representative” means a representative that is suitably qualified or has significant technical experience in either air quality, greenhouse gas emissions, noise or surface access and excludes elected representatives.

Monitoring of permitted operations

schedule 2 paragraph 22 + 22.—(1) The undertaker must, in accordance with the Monitoring Plans, monitor noise, air quality, greenhouse gas emissions and surface access from at least 1 year prior to the date that notice is served under article 44(1) (interaction with the LLAOL planning permission).

(2) The undertaker must prepare and submit to the ESG on the anniversary of the commencement of the monitoring and annually thereafter, a Monitoring Report.

(3) Monitoring Reports submitted under sub-paragraph (2) must be prepared in accordance with the Monitoring Plans, which may be amended in accordance with sub-paragraph (5).

(4) Monitoring Plans in respect of noise must include details of dispensed movements for the previous 12 months, including reasons for the dispensation and what measures, if appropriate, would be introduced to reduce these incidents in the future.

(5) The undertaker and the ESG may agree to amend the Monitoring Plans, and such agreement must not be unreasonably withheld.

(6) The undertaker must make a Monitoring Report publicly available as soon as reasonably practicable following submission under sub-paragraph (1).

Exceedance of a Level 1 Threshold

schedule 2 paragraph 23 + 23.  Where a Monitoring Report submitted to the ESG under paragraph 22 (monitoring of permitted operations) assesses that a Level 1 Threshold has been exceeded, the undertaker must include in the Monitoring Report commentary on the avoidance of the exceedance of a Limit.

Exceedance of a Level 2 Threshold

schedule 2 paragraph 24 + 24.—(1) Where a Monitoring Report submitted to the ESG under paragraph 22 (monitoring of permitted operations) assesses that a Level 2 Threshold has been exceeded, the undertaker must, unless sub-paragraph (3) applies and subject to sub-paragraph (11), submit to the ESG, and consult the ESG on, a draft Level 2 Plan no later than 21 days starting from the date the Monitoring Report was submitted to the ESG, unless another time period is agreed by the undertaker and the ESG.

(2) Where a Monitoring Report assesses that more than one Level 2 Threshold has been exceeded in respect of a matter identified in paragraph 21(6)(a), (b), (c) or (d), the undertaker may address all of the exceedances which are reasonably considered to be related to one another in the same draft Level 2 Plan for the purposes of sub-paragraph (1) and in the same Level 2 Plan for the purposes of sub-paragraph (5).

(3) This sub-paragraph applies where the ESG certifies, acting reasonably and in accordance with its terms of reference, that a Level 2 Threshold has been exceeded as a result of circumstances beyond the undertaker’s control.

(4) The undertaker must have due regard to any representations provided by the ESG on a draft Level 2 Plan during the consultation period and must provide the ESG with a written account of how any such representations have been taken into account as part of its submission under sub-paragraph (5)(a).

(5) A Level 2 Plan must be—

schedule 2 paragraph 24 5 a + (a)prepared and submitted to the ESG no later than 14 days following the last day of the consultation period; and

schedule 2 paragraph 24 5 b + (b)approved or refused by the ESG, acting reasonably, no later than 28 days starting the day after the ESG has received the Level 2 Plan under sub-paragraph (a).

(6) Where the ESG has refused a Level 2 Plan, the undertaker must no later than 42 days starting the day after the decision of the ESG—

schedule 2 paragraph 24 6 a + (a)resolve the disagreement under article 52 (arbitration); or

schedule 2 paragraph 24 6 b + (b)resubmit a revised Mitigation Plan to the ESG.

(7) Where the ESG has failed to make a decision under sub-paragraph (5)(b) within the time period specified in that sub-paragraph, it is deemed to have refused the Level 2 Plan.

(8) The undertaker must implement the Level 2 Plan approved by the ESG under sub-paragraph (5)(b).

(9) Unless otherwise agreed by the ESG, where a Monitoring Report submitted to the ESG under paragraph 22 (monitoring of permitted operations) assesses that a Level 2 Threshold has been exceeded, and except where sub-paragraph (2) applies, the undertaker will ensure that any future airport capacity declaration does not increase from the existing capacity declaration until a Level 2 Plan has been approved by the ESG or by resolution under article 52 (arbitration) or a Monitoring Report confirms that the relevant environmental effect no longer exceeds the relevant Level 2 Threshold.

(10) Where a Level 2 Plan approved by the ESG or by resolution under artricle 52 (arbitration) specifies a period that plan will have effect then sub-paragraph (1) does not apply during that period unless—

schedule 2 paragraph 24 10 a + (a)an airport capacity declaration specifies the capacity of the airport is greater than any amount specified in the Level 2 Plan; or

schedule 2 paragraph 24 10 b + (b)the relevant Level 1 Threshold, Level 2 Threshold or Limit is different from the relevant Level 1 Threshold, Level 2 Threshold or Limit which applied on the date of the submission of the Level 2 Plan under sub-paragraph (5)(b).

(11) Where a Monitoring Report assesses that there has been an exceedance of either one or more Level 2 Thresholds and an exceedance of one or more Limits under paragraph 24 in respect of a matter identified in paragraph 21(6)(a), (b), (c) or (d), the undertaker may decide to address all of these exceedances which are reasonably considered to be related to one another in the same draft Mitigation Plan for the purposes of paragraph 25(1) and 26(10) and in the same Mitigation Plan for the purposes of paragraph 25(5).

Exceedance of a Limit

schedule 2 paragraph 25 + 25.—(1) Where a Monitoring Report submitted to the ESG under paragraph 22 (monitoring of permitted operations) assesses that a Limit has been exceeded, the undertaker must, unless sub-paragraph (3) applies and subject to sub-paragraph (15), submit to the ESG, and consult the ESG on, a draft Mitigation Plan no later than 21 days starting from the date the Monitoring Report was submitted to the ESG.

(2) Where a Monitoring Report assesses that more than one Limit has been exceeded, the undertaker may decide to address all of the exceedances which are reasonably considered to be related to one another in the same draft Mitigation Plan for the purposes of sub-paragraphs (1) and (10) and in the same Mitigation Plan for the purposes of sub-paragraph (5).

(3) This sub-paragraph applies where the ESG certifies, acting reasonably and in accordance with its terms of reference, that a Limit has been exceeded as a result of circumstances beyond the undertaker’s control.

(4) The undertaker must have due regard to any representations provided by the ESG on a draft Mitigation Plan in the consultation period and must provide ESG with a written account of how any such representations have been taken into account as part of its submission under sub-paragraph (5)(a).

(5) A Mitigation Plan must be—

schedule 2 paragraph 25 5 a + (a)prepared and submitted to the ESG no later than 14 days starting the day after the consultation period; and

schedule 2 paragraph 25 5 b + (b)approved or refused by the ESG, acting reasonably, no later than 28 days starting the day after the ESG has received the Mitigation Plan under sub-paragraph (a).

(6) A Mitigation Plan may only be refused by the ESG under sub-paragraph (5)(b) where it reasonably concludes that—

schedule 2 paragraph 25 6 a + (a)the proposed mitigation and actions in the Mitigation Plan will not avoid or prevent exceedances of the Limit as soon as reasonably practicable; or

schedule 2 paragraph 25 6 b + (b)the proposed programme for the implementation of those actions will not avoid or prevent exceedances of a Limit as soon as reasonably practicable.

(7) Where the ESG has refused a Mitigation Plan, the undertaker must no later than 42 days starting the day after the decision of the ESG—

schedule 2 paragraph 25 7 a + (a)lodge an appeal under paragraph 40 (appeals to the Secretary of State); or

schedule 2 paragraph 25 7 b + (b)resubmit a revised Mitigation Plan to the ESG.

(8) Where the ESG has failed to make a decision under sub-paragraph (5)(b) within the time period specified in that sub-paragraph, it is deemed to have refused the Mitigation Plan.

(9) The undertaker must implement the Mitigation Plan approved by the ESG under sub-paragraph (5)(b).

(10) The undertaker must unless sub-paragraph (3) applies prepare and submit an updated Mitigation Plan no more than 21 days starting the day from the day after—

schedule 2 paragraph 25 10 a + (a)the undertaker submits a Monitoring Report 1 year, unless the ESG agrees to a longer period, from the adoption of a Mitigation Plan under sub-paragraph (5)(b) which shows an exceedance of a Limit; or

schedule 2 paragraph 25 10 b + (b)a Mitigation Plan approved under sub-paragraph (5)(b) sets out a programme for a Limit not being exceeded and a Monitoring Report shows that an exceedance of a Limit which conflicts with that programme,

whichever is sooner.

(11) Without limitation to seeking a local rule in relation to a Mitigation Plan under sub-paragraph (1) or Level 2 Plan under paragraph 24(1), the updated Mitigation Plan submitted under sub-paragraph (10) must—

schedule 2 paragraph 25 11 a + (a)identify whether the application of a local rule (under the slots regulations) to reduce the existing number of allocated slots would reduce, avoid or prevent exceedances of the Limit where other measures cannot ensure an impact falls below the relevant Limit as soon as reasonably practicable; and

schedule 2 paragraph 25 11 b + (b)include the proposed programme for seeking in accordance with the slots regulations the introduction of a local rule identified under sub-paragraph (a).

(12) The updated Mitigation Plan under sub-paragraph (10) must be approved or refused by the ESG no later than 28 days starting the day after the ESG has received the Mitigation Plan.

(13) Where the ESG has failed to make a decision under sub-paragraph (12) within the time period specified in that sub-paragraph, it is deemed to have refused the updated Mitigation Plan.

(14) The undertaker must implement a Mitigation Plan approved under sub-paragraph (12).

(15) Unless otherwise agreed by the ESG, where a Monitoring Report submitted to the ESG under paragraph 21 (monitoring of permitted operations) assesses that a Limit has been exceeded, the undertaker will ensure that until monitoring carried out in accordance with a Mitigation Plan or a Monitoring Report confirms the relevant environmental effect has fallen below the relevant Limit any future airport capacity declaration—

schedule 2 paragraph 25 15 a + (a)does not increase from the existing capacity declaration; and

schedule 2 paragraph 25 15 b + (b)includes criteria to ensure that the total number of allocated slots (excluding any exempt flights) does not exceed the existing number of allocated slots.

(16) Where a Mitigation Plan approved by the ESG or by the Secretary of State under paragraph 40 (appeals to the Secretary of State) specifies a period that plan will have effect then—

schedule 2 paragraph 25 16 a + (a)sub-paragraph (1); and

schedule 2 paragraph 25 16 b + (b)sub-paragraph (10),

does not apply during that period unless sub-paragraph (10)(b) applies.

Review of implementation of this Part

schedule 2 paragraph 26 + 26.—(1) The undertaker must undertake a review of the implementation of this Part, including the review of any Monitoring Plans and arrangements for funding, no later than 3 years from the date the notice is served under article 44(1) (interaction with LLAOL planning permission), and every 5 years following this initial review, and produce and submit to the ESG a report which sets out whether any improvements to the operation of this Part are considered necessary to ensure the efficient and effective operation of authorised development within the Limit.

(2) The undertaker may, following a review carried out under paragraph (1) or otherwise, submit an application to modify the specified periods to the ESG where it considers it necessary for effective implementation of this Part of this Schedule.

(3) The undertaker must, following a review carried out in accordance with the green controlled growth framework, which concludes that there are grounds for a modification of a Level 1 Threshold, Level 2 Threshold, Limit, or Monitoring Plan, submit an application for that modification to the ESG.

(4) The ESG must, acting reasonably, approve or refuse an application submitted under sub-paragraph (2) and (3) no later 56 days starting from the day after the ESG has received the application.

(5) Where the ESG has approved an application submitted under sub-paragraph (2) or (3), the terms of reference are deemed to have been varied to give effect to that approval.

(6) Where the ESG has failed to make a decision under sub-paragraph (4) within the time period specified, it is deemed to have refused the application.

(7) References to the specified periods in this Part of this Schedule are to be construed as references to any modified periods approved under sub-paragraph (4) by the ESG or by resolution under article 52 (arbitration).

term specified periods + (8) In this paragraph “specified periods” means any time period set out in relation to consultation, approval or submission of a Monitoring Report, Level 2 Plan or a Mitigation Plan.

PART 4REQUIREMENTS PERTAINING TO OTHER OPERATIONAL MATTERS

Passenger cap for the authorised development

schedule 2 paragraph 27 + 27.  Subject to, and without prejudice to, the provisions of this Order, the undertaker may operate under this Order the airport so that it permits up to 32 million passengers per annum.

Night quota period scheduled movements cap

schedule 2 paragraph 28 + 28.—(1) The undertaker must not operate under this Order the airport so that it permits in excess of 9,650 scheduled movements by aircraft in the night quota period (23:30-06:00) per 12 month period, unless a request to vary this limit has been submitted to and approved in writing by the Secretary of State following consultation with the specified authorities and, where appointed, the ESG.

(2) Any request to vary the limits under sub-paragraph (1) are only to be approved where it has been demonstrated to the satisfaction of the Secretary of State that such changes would not give rise to any materially new or materially different effects in comparison with those reported in the environmental statement.

Annual air traffic movement cap for the authorised development

schedule 2 paragraph 29 + 29.—(1) Subject to, and without prejudice to, the provisions of this Order, the undertaker may operate the airport under this Order so that it permits up to 209,410 commercial and non-commercial air traffic movement annually. Of this limit, no more than 12,460 air traffic movement annually shall be permitted in the early morning shoulder period (06:00-07:00).

term air traffic movement + (2) In sub-paragraph (1) “air traffic movement” means a landing or take-off of an airport operating a scheduled or non-scheduled service.

Air noise management plan

schedule 2 paragraph 30 + 30.  From the date that notice is served in accordance with article 44(1) (interaction with LLAOL planning permission) of this Order, the airport must be operated in accordance with the air noise management plan.

Fixed plant noise management plan

schedule 2 paragraph 31 + 31.  From the date that notice is served in accordance with article 44(1) (interaction with LLAOL planning permission) of this Order, the airport must be operated in accordance with the fixed plant noise management plan.

Ground noise management plan

schedule 2 paragraph 32 + 32.—(1) Notice in accordance with article 44(1) (interaction with LLAOL planning permission) of this Order must not be served until a ground noise management plan for the operation of the airport above the passenger cap permitted by the LLAOL planning permission has been submitted to and approved in writing by Luton Borough Council.

(2) The ground noise management plan submitted under sub-paragraph (1) must be substantially in accordance with the outline ground noise management plan.

(3) From the date notice is served in accordance with article 44(1) of this Order the airport must be operated in accordance with the ground noise management plan referred to in sub-paragraph (1).

Noise contour limits and quota count point limits

schedule 2 paragraph 33 + 33.—(1) The area enclosed by the 54dB LAeq(16hr) (07:00-23:00 hrs) and the 48dB LAeq(8hr) (23:00-07:00hrs) contours shall not exceed the limit values for the time periods set out in Table 1. The contours shall be calculated using the Federal Aviation Authority Aviation Environmental Design Tool noise model version 3e prepared to support the DCO submission or periodic updates to that model, subject to written agreement from the ESG.

(2) The contour area limit values shall be converted to day and night quota count budgets, supported by threshold value day and night quota count budgets as set out in the GCG framework, using a regression analysis approach to be agreed with Luton Borough Council in consultation with the specified authorities.

(3) The undertaker must comply with the contour limit values set out for the time periods indicated. Where the airport is operated in excess of the contour limit values, it is not a breach of the terms of this Order for the purposes of Part 8 of the 2008 Act if the exceedance is due to action taken in emergency circumstances in which there was reasonably reasonably cause for apprehending injury to persons or serious damage to property.

Noise insulation plan and programme

schedule 2 paragraph 34 + 34.—(1) No increase in passenger capacity may occur until a detailed plan and programme for the four-year delivery of noise insulation has been submitted to and approved in writing by the relevant planning authority.

(2) The programme will set out the total number of eligible properties remaining to be insulated and the numbers of eligible properties that it is intended to insulate in the following year and each subsequent calendar year.

(3) No later than two months before the end of the calendar year, an update report will be submitted to the relevant planning authority for written approval. The update report will include a summary of the completion and survey rates, explaining the cause and remedy for any delays and setting out the programme for the next year.

(4) The noise insulation programme will be carried out in accordance with the plans approved under sub-paragraphs (1) and (3) and will continue until such time that the relevant planning authority has confirmed in writing that it is satisfied that all eligible properties have been insulated to a satisfactory level.

(5) Changes to the delivery programme may be agreed by the Secretary of State, subject to demonstrating that such changes would not result in materially new or materially different effects than those assessed in the environment statement.

Offsite highways works

term trimma + schedule 2 paragraph 35 + 35.—(1) Notice in accordance with article 44(1) (interaction with LLAOL planning permission) of this Order must not be served until a transport related impacts monitoring and mitigation approach (“TRIMMA”) for the operation of the airport above the passenger cap permitted by the LLAOL planning permission has been submitted to and approved in writing by Luton Borough Council, following consultation with the specified authorities, Buckinghamshire Council and National Highways.

(2) The TRIMMA submitted under sub-paragraph (1) must be substantially in accordance with the outline TRIMMA. It must include the details of Work No. 6e(n) including a timetable for implementation at the point that the threshold is met that would require the works.

(3) From the date notice is served in accordance with article 44(1) of this Order the undertaker must implement and comply with the TRIMMA approved under sub-paragraph (1).

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

schedule 2 paragraph 36 + 36.—(1) No part of the Off-site Highway Works No. 6e(d), 6e(e), 6e(f), 6e(j) and 6(e)(q) may commence, until a report which provides evidence, including recent monitoring data, that the works would be required to mitigate airport-related traffic has been submitted to and approved by the relevant local highway authority in writing.

(2) If the relevant local highway authority confirms that the works would be required to mitigate airport-related traffic then the detailed design of the works shall be submitted to and thereafter carried out under the provisions of paragraph 6 (detailed design) of Part 2 of this Schedule.

Travel plans

schedule 2 paragraph 37 + 37.—(1) Notice in accordance with article 44(1) (interaction with LLAOL planning permission) of this Order must not be served until a travel plan for the operation of the airport above the passenger cap permitted by the LLAOL planning permission has been submitted to and approved in writing by Luton Borough Council, following consultation with the specified authorities, Buckinghamshire Council and National Highways.

(2) The travel plan submitted under sub-paragraph (1) must be substantially in accordance with the framework travel plan and the bus and coach study, and prepared in accordance with the process set out in Figure 7.1 of the framework travel plan.

(3) The travel plan submitted under sub-paragraph (1) must include non-sustainable mode share targets, for passengers and staff, that are no higher than the equivalent surface access limit values within the green controlled growth framework and maximises the use of sustainable transport modes in agreement with the airport transport forum.

(4) Every five years following the date a travel plan was submitted for approval under sub-paragraph (1), the undertaker must submit an updated travel plan to Luton Borough Council for approval in writing, following consultation with the specified authorities, Buckinghamshire Council and National Highways.

(5) Sub-paragraph (2) applies in relation to an updated travel plan submitted for approval under sub-paragraph (3).

(6) From the date notice is served in accordance with article 44(1) of this Order the airport must be operated in accordance with the travel plan approved under sub-paragraph (1) or any updated travel plan approved in accordance with sub-paragraph (3).

Sustainable transport fund

schedule 2 paragraph 38 + 38.  From the date that notice is served in accordance with article 44(1) (interaction with LLAOL planning permission) of this Order, the undertaker must implement and operate the sustainable transport fund in accordance with the certified sustainable transport fund document listed in Schedule 9.

Operational air quality plan

schedule 2 paragraph 39 + 39.—(1) Notice in accordance with article 44(1) (interaction with LLAOL planning permission) of this Order must not be served until an operational air quality plan for the operation of the airport above the passenger cap permitted by the LLAOL planning permission has been submitted to and approved in writing by Luton Borough Council.

(2) The operational air quality plan submitted under sub-paragraph (1) must be substantially in accordance with the outline operational air quality plan.

(3) From the date notice is served in accordance with article 44(1) of this Order the airport must be operated in accordance with the operational air quality plan referred to in sub-paragraph (1).

Greenhouse gas action plan

schedule 2 paragraph 40 + 40.—(1) Notice in accordance with article 44(1) (interaction with LLAOL planning permission) of this Order must not be served until a greenhouse gas action plan for the operation of the airport above the passenger cap permitted by the LLAOL planning permission has been submitted to and approved in writing by Luton Borough Council.

(2) The greenhouse gas action plan submitted under sub-paragraph (1) must be substantially in accordance with the outline greenhouse gas action plan.

(3) From the date notice is served in accordance with article 44(1) of this Order the airport must be operated in accordance with the greenhouse gas action plan referred to in sub-paragraph (1).

Operational waste management plan

schedule 2 paragraph 41 + 41.—(1) Notice in accordance with article 44(1) (interaction with LLAOL planning permission) of this Order must not be served until an operational waste management plan for the operation of the airport above the passenger cap permitted by the LLAOL planning permission has been submitted to and approved in writing by Luton Borough Council.

(2) The operational waste management plan submitted under sub-paragraph (1) must be substantially in accordance with the outline operational waste management plan.

(3) From the date notice is served in accordance with article 44(1) of this Order the airport must be operated in accordance with the operational waste management plan referred to in sub-paragraph (1).

Water consumption

schedule 2 paragraph 42 + 42.—(1) There must not be an increase in the demand for water resources from the 2019 consumption baseline, unless otherwise agreed in writing by the relevant water undertaker.

(2) Where additional water is required during construction, a water use profile must be submitted to and agreed in writing by the relevant water undertaker in advance of works.

(3) A monitoring report detailing water consumption in respect of water demand for the airport terminals and non-terminals must be submitted annually, unless otherwise agreed, from the date of commencement to the relevant planning authority and the relevant water undertaker.

term 2019 consumption baseline + (4) In sub-paragraph (1) “2019 consumption baseline” means 4.2 litres per second in respect of water demand for the airport terminals and 3.3 litres per second in respect of water-demand for the airport non-terminals.

PART 5PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Interpretation

schedule 2 paragraph 43 + 43.  In this Part of this Schedule—

term part 5 consultee + “Part 5 consultee” means one or more of the following bodies on matters relating to their function, where that body is not already the discharging authority or a consultee under the relevant paragraph in Part 1, Part 2 or Part 4 of this Schedule—

term specified period + “specified period” means a period of—

Applications made under requirements

schedule 2 paragraph 44 + 44.—(1) Where an application has been made to the discharging authority for any consent, agreement or approval referred to in Part 1, Part 2 or Part 4 of this Schedule the discharging authority—

schedule 2 paragraph 44 1 a + (a)must consult a Part 5 consultee where it appears to the discharging authority, acting reasonably, that such consultation is necessary and appropriate having regard to—

schedule 2 paragraph 44 1 a i + (i)the nature and spatial extent of the consent, agreement or approval being sought; and

schedule 2 paragraph 44 1 a ii + (ii)the functions of the Part 5 consultee;

schedule 2 paragraph 44 1 b + (b)must give notice to the undertaker of the decision on the application within the specified period which begins on—

schedule 2 paragraph 44 1 b i + (i)the day immediately following that on which the application is deemed valid by the discharging authority; or

schedule 2 paragraph 44 1 b ii + (ii)the day immediately following that on which valid further information has been supplied by the undertaker in response to a request from the discharging authority or a consultee (as the case may be) in accordance with paragraph 45 (further information).

(2) The discharging authority is entitled to rely upon pre-application consultation carried out by the undertaker on an application referred to under paragraph (1) for the purposes of—

schedule 2 paragraph 44 2 a + (a)discharging any requirement to consult a specified body in Part 1, Part 2 or Part 4, where the undertaker has duly consulted that body; and

schedule 2 paragraph 44 2 b + (b)determining whether consultation by the discharging authority is required with any Part 5 consultee under sub-paragraph (1)(a),

provided that the application under paragraph (1) contains sufficient evidence of the consultation carried out by the undertaker, including the comments received from the body consulted.

(3) In determining any application made to the discharging authority for any consent, agreement or approval required by a requirement in Part 1, Part 2 or Part 4 of this Schedule, the discharging authority may—

schedule 2 paragraph 44 3 a + (a)give or refuse its consent, agreement or approval; or

schedule 2 paragraph 44 3 b + (b)give its consent, agreement or approval either subject to reasonable conditions, or unconditionally; and

schedule 2 paragraph 44 3 c + (c)where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with the notice of the decision.

(4) In the event that the discharging authority does not determine an application within the period set out in sub-paragraph (1), the discharging authority is deemed to have refused all parts of the application (without any condition or qualification at the end of that period).

(5) Where consent, agreement or approval is refused, the discharging authority must provide its reasons for that decision with the notice of the decision.

(6) Where an application is made to the discharging authority for any written consent, agreement or approval referred to in Part 1, Part 2 or Part 4 of this Schedule, the fee contained in regulation 16(1)(b) (fees for confirmation of compliance with condition attached to planning permission) of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012(8) is to apply and must be paid to that authority for each application.

(7) Any fee paid under this Schedule must be refunded to the undertaker within four weeks of—

schedule 2 paragraph 44 7 a + (a)the date any application is rejected as being invalid by the discharging authority; or

schedule 2 paragraph 44 7 b + (b)the discharging authority failing to determine the application within the specified period.

Further information

schedule 2 paragraph 45 + 45.—(1) In relation to any part of an application made under Part 1, Part 2 or Part 4 of this Schedule, the discharging authority has the right to request such further information from the undertaker as is reasonably necessary to enable the discharging authority to consider the application.

(2) If the discharging authority considers that further information is reasonably necessary, and the application for approval does not give rise to consultation with another body under either the paragraph concerned or paragraph 44(1)(a), or as a result of paragraph 44(2), then the discharging authority must, within ten business days of receipt of the application, notify the undertaker in writing specifying the further information reasonably required.

(3) If the paragraph concerned specifies that consultation with a consultee is required, or the discharging authority elects to consult a Part 5 consultee under paragraph 44(1), then the discharging authority must—

schedule 2 paragraph 45 3 a + (a)issue the application to the consultee within five business days of receipt of the application;

schedule 2 paragraph 45 3 b + (b)allow the consultee the following period of time, as relevant, to notify the discharging authority whether, acting reasonably, the consultee requires further information to consider the application—

schedule 2 paragraph 45 3 b i + (i)15 business days, from the date on which the views of consultees are sought, for an application under paragraph 6 of this Schedule for detailed design approval of Work Nos. 3b(01), 3b(02), 3d, 3f, 3g and 4a; and

schedule 2 paragraph 45 3 b ii + (ii)10 business days, from the date on which the views of consultees are sought, for any other application under Part 1, Part 2 or Part 4 of this Schedule; and

schedule 2 paragraph 45 3 c + (c)notify the undertaker in writing specifying any further information reasonably requested by the discharging authority or any consultee (as the case may be) within—

schedule 2 paragraph 45 3 c i + (i)25 business days of receipt of an application under paragraph 6 of Part 2 of this Schedule for detailed design approval of Work Nos. 3b(01), 3b(02), 3d, 3f, 3g and 4a; and

schedule 2 paragraph 45 3 c ii + (ii)20 business days of receipt of any other application under Part 1, Part 2, or Part 4 of this Schedule.

(4) If the discharging authority does not give notification of a request for further information to the undertaker within the period specified in sub-paragraph (2) or (3) it (and the consultee, as the case may be) is deemed to have sufficient information to consider the application and is not entitled to subsequently request further information without the prior agreement of the undertaker.

(5) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 37 (applications made under requirements) and in this paragraph.

Register of requirements

schedule 2 paragraph 46 + 46.—(1) The undertaker must, as soon as is practicable following the making of the Order, establish and maintain in an electronic form suitable for public inspection a register of those paragraphs contained within Parts 1, 2 and 4 of this Schedule that provide for any consent, agreement or approval to be given by a discharging authority.

(2) The register must set out in relation to each such paragraph its status in terms of whether any application has been made to a discharging authority and whether or not any consent, agreement or approval has been given, together with an electronic link to any document comprised in such an application or in details that have been consented to, agreed or approved.

(3) The register must be maintained by the undertaker for a period of 3 years following the completion of the authorised development.