SCHEDULES

SCHEDULE 2REQUIREMENTS

PART 4REQUIREMENTS PERTAINING TO OTHER OPERATIONAL MATTERS

Passenger cap for the authorised development

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

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

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).

(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

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

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

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

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

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

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)

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

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

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

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

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

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

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.

(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.