Paragraph 18 Receptor-based noise mitigationI1

Within not more than 3 months following the commencement of any of Work Nos. 1 – 7 (inclusive) or 18 (replacement western noise mitigation bund), the undertaker is to submit for approval to the relevant local planning authority—

Within not more than 3 months following the approval of the list and details in sub-paragraph (1), the undertaker must take the steps approved under sub-paragraph (1)(b) to notify the owners and occupiers of all eligible premises that the premises are eligible for the design and installation of a package of F1receptor-based mitigation measures.

The undertaker must submit for approval by the relevant local planning authority details of the specific receptor-based mitigation measures for each eligible non-residential premises and the details submitted to the relevant planning authority must be—

The maximum sums of money to be provided by the undertaker towards the package of receptor-based mitigation measures for eligible residential premises are as follows (plus VAT)—

The maximum sum of money to be provided by the undertaker towards the package of receptor-based mitigation measures for F2eligible non-residential premises is £250,000 (plus VAT) per applicant, per building or group of buildings in the same occupation and location.

Within not more than—

of receipt of a valid application for receptor-based mitigation measures from an owner (or occupier with the owner’s prior written consent) of eligible premises, the undertaker must, subject to access being granted to the premises, carry out a survey of those premises and submit for the agreement of the owner a specific package of receptor-based mitigation measures proposed to be installed at those premises.

In terms of F5eligible residential premises within the inner zone, the provision of a package of receptor-based noise mitigations is to include a dynamic thermal modelling report undertaken in line with the requirements set out in in the Chartered Institution of Building Services Engineer’s TM59: “Design methodology for the assessment of overheating risk in homes” (2017) or any later version.

The specific package submitted under sub-paragraph (6) must be F6...—

The undertaker is not obliged by anything in this requirement to install any receptor-based mitigation measures that are declined by an owner of eligible premises.

Where any eligible premises is a listed building, the undertaker is to submit (at the cost of the undertaker) the necessary application for the required consents following any requirements of the local conservation officer and Historic England’s guidance Energy Efficiency and Historic Buildings, Secondary Glazing for Windows, 2016 (or successor guidance).

If—

the undertaker, the relevant local planning authority or the owner (as relevant) may refer the matter to the noise F9insulation scheme independent panel.

Upon a referral pursuant to sub-paragraph (11), the noise F10insulation scheme independent panel may—

Subject to—

the agreed package of receptor-based mitigation measures F12is to be installed and commissioned before the later of the commencement of dual runway operations or the year in which the premises is forecast to be within the relevant contour that rendered it a potentially eligible premises (using the most recent available forecast at that time).

Subsequent to the commencement of dual runway operations and annually thereafter the undertaker and the relevant local planning authority are to carry out modelling and F13... to identify additional potentially eligible premises or adjustments to the specification of the measures provided, in the manner set out in section (e) and section (f) of the noise insulation scheme document. With regard to any such premises the undertaker must offer, design, install and commission a package of receptor-based mitigation measures that accords with the other provisions of this requirement as soon as reasonably practicable.

The undertaker must notify each owner or occupier of an eligible residential premises which is within the LAeq F1416 h 66 dB air noise contour (as modelled based on actual operations of the previous summer following the commencement of dual runway operations) of their eligibility to receive a payment covering estate agent fees up to 1% of the purchase price and stamp duty costs to be met in full and any other reasonable moving costs (such as removals and storage) when requested by the owner, subject always to such entitlement being strictly limited to one claim per F15eligible residential premises.

Any dispute as to the costs offered or sought under sub-paragraph (15) may be referred by the undertaker or the relevant homeowner to the noise insulation scheme independent panel, which can decide whether the amount offered or sought is compliant with that sub-paragraph.

In this requirement—

• “ambient noise” means the ambient noise levels assessed in the manner set out in section (f) of the noise insulation scheme document;

• “eligible premises” means premises approved in writing by the relevant local planning authority pursuant to sub-paragraph (1) after its consideration of potentially eligible premises provided by the undertaker (and “eligible residential premises” and “eligible non-residential premises” mean the same as regards “potentially eligible residential premises” and “potentially eligible non-residential premises” respectively);

• “inner zone” means the area which is predicted to be within the LAeq 8 h 55 dB contour or the LAeq 16 h 60 dB contour following the commencement of dual runway operations;

• “noise insulation scheme independent panel” means the panel of experts that shall be established by the undertaker prior to F16the commencement of the first of Work Nos. 1 – 7 inclusive or 18 (replacement western noise mitigation bund), the composition, appointment and operation of which are described in section (g) of the noise insulation scheme document but in addition, in terms of the composition of the panel the Joint Local Authorities are to be consulted in selecting the members of the F17panel and in this definition “Joint Local Authorities” means the following host and neighbouring Authorities: Crawley Borough Council; Horsham District Council; Mid Sussex District Council; Mole Valley District Council; Reigate & Banstead Borough Council; Tandridge District Council; West Sussex County Council; Surrey County Council; East Sussex County Council; and Kent County Council; and successor authorities;

• “noise insulation scheme document” means the document of that description certified by the Secretary of State under article 50 (certification of documents, etc);

• “outer zone 1” means the area which is predicted to be within the LAeq 16 h 57 dB to 60 dB contour following the commencement of dual runway operations;

• “outer zone 2” means the area which is predicted to F18be within the LAeq 16 h 54 dB to 57 dB contour or within the LAeq 8 h 48 dB to LAeq 16 h 54 dB contour following the commencement of dual runway operations;

• “potentially eligible premises” means potentially eligible non-residential premises and potentially eligible residential premises;

• “potentially eligible non-residential premises” means—

  1. (a)

     a school or college where, following the commencement of dual runway operations, (a) air noise or (b) ground noise alone or in combination with air noise, which is above ambient noise, is predicted to exceed LAeq 16 h 51 dB; or

  2. (b)

     a hospital, library, place of worship or noise sensitive community building where, following the commencement of dual runway operations, (a) air noise or (b) ground noise alone or in combination with air noise, which is above ambient noise, is predicted to exceed LAeq 16 h 63 dB;

• “potentially eligible residential premises” means a main residence where, following the commencement of dual runway operations, (a) air noise or (b) ground noise alone or in combination with air noise, which is above ambient noise, is predicted to exceed LAeq 16 h 54 dB or LAeq 8 h 48 dB; F19...

• references to noise contours mean standard mode noise contours, being: for daytime LAeq 16 h noise contours, contours based on the long- term east/west runway modal split calculated as the last 20- year rolling average; and for night-time LAeq 8 h noise contours, contours based on the long-term east/west runway modal split calculated as the last 10-year rolling average; and

• all monetary amounts are to be subject to indexation annually in accordance with the Consumer Price Index (or in the event this is no longer being updated, a suitable alternative index) from the date on which the Order is made.