Article 2 InterpretationI1

In this Order—

• “the 1961 Act” means the Land Compensation Act 1961^f1;

• “the 1965 Act” means the Compulsory Purchase Act 1965^f2;

• “the 1980 Act” means the Highways Act 1980^f3;

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981^f4;

• “the 1984 Act” means the Road Traffic Regulation Act 1984^f5;

• “the 1990 Act” means the Town and Country Planning Act 1990^f6;

• “the 1991 Act” means the New Roads and Street Works Act 1991^f7;

• “the 2008 Act” means the Planning Act 2008^f8;

• “the 2015 Regulations” means the Town and Country Planning (General Permitted Development) (England) Order 2015^f9;

• “address” includes any number or address for the purposes of electronic transmission;

• “airport” means London Gatwick Airport, an airport within the meaning given in section 66 (airports) of the Civil Aviation Act 2012^f10 comprised of the area shown on the airport boundary plan;

• “airport boundary plan” means the document of that description listed in Schedule 12 (documents to be certified) and certified by the Secretary of State as the airport boundary plan for the purposes of this Order;

• “airport road” means a road (including both highways and roads for which public access is restricted) located within the airport and, where only part of a road is located within the airport, includes that part;

• “apparatus” unless otherwise provided for, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

• “associated development” has the same meaning as in section 115 (development for which development consent may be granted) of the 2008 Act;

• “authorised development” means the development and associated development described in Schedule 1 (authorised development) or any part of it, which is development within the meaning of section 32 (meaning of “development”) of the 2008 Act;

• “book of reference” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the book of reference for the purposes of this Order;

• “building” includes any structure or erection or any part of a building, structure or erection;

• “carriageway” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act and includes part of a carriageway;

• “CBC” means Crawley Borough Council;

• “commence” means the carrying out of 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—

  1. (a)

     remedial work in respect of any contamination or adverse ground conditions;

  2. (b)

     environmental (including archaeological) surveys and investigation;

  3. (c)

     investigations for the purpose of assessing ground conditions;

  4. (d)

     site or soil surveys;

  5. (e)

     erection of fencing to site boundaries or marking out of site boundaries;

  6. (f)

     removal of hedgerows, trees and shrubs;

  7. (g)

     installation of amphibian and reptile fencing;

  8. (h)

     the diversion or laying of services;

  9. (i)

     ecological mitigation measures;

  10. (j)

      receipt and erection of construction plant and equipment;

  11. (k)

      erection of temporary buildings and structures;

  12. (l)

      site preparation and site clearance;

  13. (m)

      establishment of construction compounds;

  14. (n)

      establishment of temporary haul roads; and

  15. (o)

      the temporary display of site notices, advertisements or information,

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

• “consolidated environmental statement” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the consolidated environmental statement for the purposes of this Order;

• “code of construction practice” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the code of construction practice for the purposes of this Order;

• “cycle track” has the same meaning as in section 329(1)^f11 of the 1980 Act and for the purposes of this Order includes a right of way on foot;

• “discharging authority” means the body responsible for giving any endorsement, agreement or approval required by a requirement;

• “electronic transmission” means a communication transmitted—

  1. (a)

     by means of an electronic communications network; or

  2. (b)

     by other means but while in electronic form,

  and in this definition “electronic communications network” has the same meaning as in section 32(1) of the Communications Act 2003^f12;

• “environmental statement” means the document submitted by the undertaker in support of its application for development consent and detailed in the consolidated environmental statement;

• “existing northern runway” means the airport’s northern runway as configured and used at the date of this Order;

• “footway” and “footpath” have the same meaning as in section 329(1) of the 1980 Act and include part of a footway or footpath;

• “highway” and “highway authority” have the same meaning as in sections 328 (meaning of highway) and 1^f13 (highway authorities: general provision) (respectively) of the 1980 Act and “highway” includes part of a highway;

• “land plans” means the plans of that description listed in F1Schedule 12 and certified by the Secretary of State as the land plans for the purposes of this Order;

• “limits of works” means the limits of works referred to in article 6 (limits of works);

• “local highway” means a highway—

  1. (a)

     which is not an airport road; and

  2. (b)

     for which National Highways is not (and will not be upon completion of any relevant works) the highway authority;

• “local highway authority” means the highway authority in respect of the local highway in question;

• “local highway works” means the construction or alteration of any local highway authorised by this Order;

• “main runway” means the airport’s main runway being the runway located immediately to the south of the existing northern runway and which is used for routine take-offs and landings of aircraft;

• “maintain” in relation to the authorised development includes to inspect, repair, adjust, alter, remove, refurbish, replace, improve or reconstruct to the extent that such works do not give rise to any materially new or materially different environmental effects from those identified in the environmental statement and any derivative of “maintain” is to be construed accordingly;

• “MVDC” means Mole Valley District Council;

• “National Highways” means National Highways Limited (company number 09346363) whose registered address is at Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ;

• “national highway works” means the construction or alteration of any highway authorised by this Order for which National Highways is, or will be once the works are complete, the highway authority;

• “Order land” means the land shown shaded pink, blue or green on the land plans and described in the book of reference;

• “Order limits” means the limits shown on the works plans within which the authorised development may be carried out;

• “outline landscape and ecology management plan” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the outline landscape and ecology management plan for the purposes of this Order;

• “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981^f14;

• “outline arboricultural and vegetation method statement” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the outline arboricultural and vegetation method statement for the purposes of this Order;

• “parameter plans” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the parameter plans for the purposes of this Order;

• “RBBC” means Reigate and Banstead Borough Council;

• “relevant highway authority” means, in any given provision of this Order, the highway authority for the highway to which the provision refers or relates;

• “relevant planning authority” means in any given provision of this Order, the F2local planning authority, as defined F3in section 1^f15 (local planning authorities: general) of the 1990 Act, for the area of land to which the provision refers or relates;

• “replacement land” has the same meaning as in section 131(12) (commons, open spaces etc: compulsory acquisition of land) of the 2008 Act;

• “repositioned northern runway” means the existing northern runway as amended by Work No. 1;

• “requirement” means a requirement set out in Schedule 2 (requirements), and a reference to a numbered requirement is a reference to the requirement set out in the paragraph of the same number in that Schedule;

• “rights of way and access plans” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the rights of way and access plans for the purposes of this Order;

• “special category land” means land forming part of a common, open space or fuel or field garden allotment, as identified shaded orange and blue on the special category land plans;

• “special category land plans” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the special category land plans for the purposes of this Order;

• “start date” means the later of the day after—

  1. (a)

     the day on which the period for legal challenge in respect of this Order under section 118 of the 2008 Act expires; or

  2. (b)

     the final determination of any legal challenge under that section;

• “statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) or section 138(4A) (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act;

• “street” means a street within the meaning of section 48^f16 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

• “street authority”, in relation to a street, has the same meaning as in section 49^f17 (the street authority) of the 1991 Act;

• “surface access general arrangements” means the documents listed in Schedule 12 and certified by the Secretary of State as the surface access general arrangements for the purposes of this Order;

• “surface access engineering section drawings” means the documents listed in Schedule 12 and certified by the Secretary of State as the surface access engineering section drawings for the purposes of this Order;

• “surface access structure section drawings” means the documents listed in Schedule 12 and certified by the Secretary of State as the surface access structure section drawings for the purposes of this Order;

• “TDC” means Tandridge District Council;

• “traffic authority” has the same meaning as in section 121A^f18 (traffic authorities) of the 1984 Act;

• “tree survey report and arboricultural impact assessment” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the tree survey report and arboricultural impact assessment for the purposes of this Order;

• “undertaker” means Gatwick Airport Limited (company number 01991018) whose registered address is at 5th Floor, Destinations Place, Gatwick Airport, Gatwick, West Sussex, RH6 0NP or any person who has the benefit of this Order in accordance with articles 7 (benefit of Order) or 8 (consent to transfer benefit of Order);

• “watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;

• “a work” means a numbered work identified as part of the authorised development in Schedule 1 (authorised development) and includes any other associated development related to that work; and

• “works plans” means the document of that description listed in Schedule 12 and certified by the Secretary of State as the works plans for the purposes of this Order.

References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictions are references to restrictive covenants over land which interfere with the interests or rights of another and are for the benefit of land which is acquired, or rights over which are acquired, under this Order.

Subject to article 6 (limits of works) all distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development and shown on the works plans or rights of way and access plans are taken to be measured along that work.

References in this Order to the creation and acquisition of rights over land includes references to rights to oblige a party having an interest in land to grant those rights referenced in the Order, at the discretion of the undertaker, either—

For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the plans to which the reference applies.

References in this Order to numbered works are references to works as numbered in Schedule 1 (authorised development).

References to any statutory body includes that body’s successor bodies from time to time.

References in this Order to materially new or materially different environmental effects in comparison with those reported in the environmental statement must not be construed so as to preclude the undertaker from avoiding, removing or reducing an adverse environmental effect that was reported in the environmental statement.

In this Order, the expression “includes” is to be construed without limitation unless so construing would give rise to any materially new or materially different environmental effects in comparison to those reported in the environmental statement.