SCHEDULES
SCHEDULE 2REQUIREMENTS
PART 3REQUIREMENTS PERTAINING TO GREEN CONTROLLED GROWTH
Exceedance of a Limit
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—
(a)prepared and submitted to the ESG no later than 14 days starting the day after the consultation period; and
(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—
(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
(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—
(a)lodge an appeal under paragraph 40 (appeals to the Secretary of State); or
(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—
(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
(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—
(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
(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—
(a)does not increase from the existing capacity declaration; and
(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—
(a)sub-paragraph (1); and
(b)sub-paragraph (10),
does not apply during that period unless sub-paragraph (10)(b) applies.