SCHEDULES

SCHEDULE 2REQUIREMENTS

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(1);

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(2) and the Public Bodies (Admission to Meetings) Act 1960(3) 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.