Paragraph 1 InterpretationI1

In this Part of this Schedule, each of—

• “appendix 1 of the design and access statement”;

• “carbon action plan”;

• “construction dust management strategy”;

• “construction resources and waste management plan”;

• “flood resilience statement”;

• “forecast data book”;

• “odour monitoring and management plan”;

• “operational waste management strategy”;

• “outline construction traffic management plan”;

• “outline construction workforce travel plan”;

• “public rights of way management strategy”;

• “soil management strategy”;

• “surface access commitments”;

• “surface access drainage strategy”;

• “water treatment works footpath plan”;

• “written scheme of investigation for Surrey”; and

• “written scheme of investigation for West Sussex”,

  means the document of that description certified by the Secretary of State under article 50 (certification of documents, etc.);

• “aircraft movements” means commercial or non-commercial aircraft take-offs and landings, but shall not include diverted or emergency flights;

• “airport passengers” means passengers travelling to or from the airport in connection with aircraft movements;

• “begin” has the meaning given in section 155 (when development begins) of the 2008 Act and is to have a meaning distinct to “commence” in this Order;

• “CAA” means the Civil Aviation Authority or any successor organisation with their statutory functions;

• “commencement of dual runway operations” means the first day on which aircraft movements are scheduled to depart from both the repositioned northern runway and the main runway, which will exclude any days on which both runways are used by the undertaker to test dual operations following approval by the CAA for dual operations;

• “commercial air transport movements” means take-offs and landings of aircraft engaged on the transport of passengers, freight or mail on commercial terms, and does not include diverted or emergency flights;

• F1...

• “emergency flights” means aircraft movements which do not carry commercial passengers, and which include but are not restricted to—

  1. (a)

     flights operated by government or relief organisations for humanitarian reasons;

  2. (b)

     flights operated by the armed forces for military purposes;

  3. (c)

     medical flights; or

  4. (d)

     a particular occasion or series of occasions which are to be disregarded pursuant to a notice published by the Secretary of State under section 78(4) or (5)(f) (regulation of noise and vibration from aircraft) of the Civil Aviation Act 1982^f1 or set out in guidance published by the Secretary of State in connection with those provisions;

• F2“highway works” means the construction or alteration of any highway authorised by this Order;

• “host authorities” means CBC, MVDC, RBBC, Surrey County Council, TDC and West Sussex County Council;

• “independent air noise reviewer” means the CAA (or such other competent body with knowledge and expertise to perform that function as appointed by the Secretary of State from time to time);

• “LAeq 8h” means the equivalent sound level of aircraft noise in dBA for the 8 hour annual day. For conventional historical contours for a particular year this is based on the daily average movements that take place between 2300 and 0700 local time during the 92-day period 16 June to 15 September inclusive;

• “LAeq 16h” means the equivalent sound level of aircraft noise in dBA for the 16 hour annual day. For conventional historical contours for a particular year this is based on the daily average movements that take place between 0700 and 2300 local time during the 92-day period 16 June to 15 September inclusive;

• “lead local flood authority” has the same meaning as in section 6(7) (other definitions) of the Flood and Water Management Act 2010^f2 F3;

• “listed works” means the works listed in requirement 4 as the non-highway works for which detailed design approval is required;

• “noise model verification report” means a report detailing the review undertaken by an independent expert with credentials to carry out that review approved by the Institute of Acoustics to verify noise monitoring data in the noise model, including the siting of the noise and track keeping terminals and processing of data, which shall make recommendations to improve the validity of the noise modelling in future years where identified to be necessary; F4and

• ...

• “substantially in accordance with” means that the plan or detail to be submitted should in the main accord with the outline document and where it varies from the outline document should not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

References in this Part of this Schedule to part of the authorised development are to be construed as references to elements of the authorised development in respect of which an application is made by the undertaker under this Part of this Schedule, and references to commencement of part of the authorised development in this Schedule are to be construed accordingly.

References in this Part of this Schedule to phases of the authorised development are to be construed as references to phases identified in a phasing scheme submitted under requirement 2.

Where submitted details or actions can be “otherwise agreed” by a discharging authority pursuant to F5requirements 4, 5, 7, 8(4), 10(3), 11(3), 12(3), 13(3), 14(1) and (2), 20, 21, 22(3), 23(3), 24, 25(3), 27(3), 28(3), 29(3), 30(3), 31, 32, 35, 37(1), 38(3) and 39 such agreement is not to be given by the discharging authority save where it has been demonstrated to the satisfaction of the discharging authority that the departure from the previously certified or approved document, details or obligation does not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement.

If before the coming into force of this Order the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of this Part of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.