SCHEDULES
SCHEDULE 2REQUIREMENTS
PART 3REQUIREMENTS PERTAINING TO GREEN CONTROLLED GROWTH
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).