{
  "url": "https://openlegislation.uk/gatwick-airport-northern-runway-project-development-consent-order-2025/schedule-9/paragraph-43",
  "json_url": "https://openlegislation.uk/gatwick-airport-northern-runway-project-development-consent-order-2025/schedule-9/paragraph-43.json",
  "legislation": "uksi/2025/1054",
  "legislation_title": "The Gatwick Airport (Northern Runway Project) Development Consent Order 2025",
  "legislation_url": "https://openlegislation.uk/gatwick-airport-northern-runway-project-development-consent-order-2025",
  "path": "schedule/9/paragraph/43",
  "kind": "paragraph",
  "number": "43",
  "heading": null,
  "text": "(1) The undertaker must not exercise the powers conferred by—\n(a) article 3 (development consent etc. granted by the Order);\n(b) article 4 (maintenance of authorised development);\n(c) article 16 (access to works)\n(d) article 22 (discharge of water);\n(e) article 24 (authority to survey and investigate the land);\n(f) article 25 (felling or lopping of trees and removal of hedgerows);\n(g) article 27 (compulsory acquisition of land);\n(h) article 28 (compulsory acquisition of rights and imposition of restrictive covenants);\n(i) article 29A (power to override easements and other rights)\n(j) article 31 (private rights of way);\n(k) article 34 (acquisition of subsoil or airspace only);\n(l) article 35 (rights under or over streets);\n(m) article 36 (temporary use of land for carrying out the authorised development);\n(n) article 38 (temporary use of land for maintaining the authorised development);\n(o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(p) article 45 (use of airspace within the Order land);\n(q) the powers conferred by section 11(3) (power of entry) of the 1965 Act;\n(r) the powers conferred by section 203 (power to override easements and other rights) of the Housing and Planning Act 2016;\n(s) the powers conferred by section 172 (right to enter and survey land) of the Housing and Planning Act 2016; and\n(t) any powers under in respect of the temporary possession of land under the Neighbourhood Planning Act 2017;\nin respect of any railway property unless the exercise of such powers is with the consent of Network Rail.\n(2) The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.\n(3) The undertaker must not exercise the powers conferred by sections 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272 (extinguishment of rights of telecommunications code system operators: preliminary notices) of the 1990 Act, article 29A (power to override easements and other rights), article 31 (private rights of way) or article 40 (statutory undertakers), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.\n(4) The undertaker must not under the powers of this Order acquire or use or acquire new rights over, or seek to impose any restrictive covenants over, any railway property, or extinguish any existing rights of Network Rail in respect of any third party property, except with the consent of Network Rail.\n(5) The undertaker must not under the powers of this Order do anything which would result in railway property being incapable of being used or maintained or which would affect the safe running of trains on the railway.\n(6) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld or delayed but may be given subject to reasonable conditions but it shall never be unreasonable to withhold consent for reasons of operational or railway safety (such matters to be in Network Rail’s absolute discretion).\n(7) The undertaker must enter into an asset protection agreement, and where required prior to the carrying out of any specified work (including but not limited to any works referred to in paragraphs (a) – (o) in the definition of “commence” in article 2 (interpretation) forming part, or carried out for the purposes, of any specified work).",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 9 para. 43(1)(i) inserted (21.1.2026) by The Gatwick Airport (Northern Runway Project) Development Consent (Correction) Order 2026 (S.I. 2026/43), art. 1, Sch. (which affecting local non-print S.I. is replaced by printed local S.I. 2026/1055)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Sch. 9 para. 43(1)(i)-(s) renumbered as Sch. 9 para. 43(1)(j)-(t) (21.1.2026) by The Gatwick Airport (Northern Runway Project) Development Consent (Correction) Order 2026 (S.I. 2026/43), art. 1, Sch. (which affecting local non-print S.I. is replaced by printed local S.I. 2026/1055)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Sch. 9 para. 43(1)(o) omitted (21.1.2026) by virtue of The Gatwick Airport (Northern Runway Project) Development Consent (Correction) Order 2026 (S.I. 2026/43), art. 1, Sch."
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. 9 para. 43(3) inserted (21.1.2026) by The Gatwick Airport (Northern Runway Project) Development Consent (Correction) Order 2026 (S.I. 2026/43), art. 1, Sch. (which affecting local non-print S.I. is replaced by printed local S.I. 2026/1055)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 9 para. 43 in force at 12.10.2025, see art. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 11(3) was amended by paragraph 6 of Schedule 14 to the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2016 c. 22. Section 203 was amended by section 37(2) of the Neighbourhood Planning Act 2017 (c. 20) and paragraph 5(2) and (3) of Schedule 20 to the Environment Act 2021 (c. 30)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Section 172 was amended by section 26(8)(b) of the Neighbourhood Planning Act 2017."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "2017 c. 20."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1054/schedule/9/paragraph/43",
    "retrieved_at": "2026-10-28T21:11:10.827794+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}