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The London Luton Airport Expansion Development Consent Order 2025

S.I. 2025/463 · Made 3 April 2025 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 21 March 2026.

Infrastructure Planning

Made 3rd April 2025

Coming into force 24th April 2025

An application has been made to the Secretary of State under section 37 of the Planning Act 2008f1 (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f2 for an order granting development consent.

The application was examined by a Panel of five members (“the Panel”) (appointed by the Secretary of State) in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010f3.

The Panel, having examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has submitted, in accordance with section 74(2) of the 2008 Act, submitted a report and recommendation to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial changes to the proposals comprised in the application.

The Secretary of State is satisfied that replacement land (as that term is defined in section 131(12) of the 2008 Act) has been or will be given in exchange for the special category land, and that the replacement land has been or will be vested in the person or persons in whom the special category land is vested and subject to the same rights, trusts and incidents as attach to the special category land, and that, accordingly, section 131(4) of the 2008 Act applies.

The Secretary of State, in exercise of the powers conferred by sections 114f4, 115f5, 117f6, 120f7, 122f8, 123f9, 127f10 131f11, 135, 138f12, 147f13, 154 and 229 of, and paragraphs 1 to 4, 10 to 14 17, 22, 26, 33, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—

Annotations to the whole text

Footnotes

f1

2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

f2

S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I.2015/1682, S.I. 2017/524, S.I. 2017/572, S.I. 2019/734, S.I. 2020/764, S.I. 2020/1534, S.I. 2021/978, S.I. 2022/634, S.I. 2023/1071 and S.I. 2024/332.

f3

S.I. 2010/103, amended by S.I. 2012/635.

f4

Section 114 was amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

f5

Section 115 was amended by paragraph 56 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011, section 160 of the Housing and Planning Act 2016 (c. 22). There are other amendments to this section which are not relevant to this Order

f6

Section 117 was amended by paragraph 58 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.

f7

Section 120 was amended by section 140 of, and paragraph 60 of Part 1 of Schedule 13, to the Localism Act 2011.

f8

Section 122 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

f9

Section 123 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

f10

Section 127 was amended by paragraph 64(2) of Schedule 13 to the Localism Act 2011 and section 23(2) of the Growth and Infrastructure Act 2013 (c. 27).

f11

Section 131 was amended by section 24(2) of the Growth and Infrastructure Act 2013.

f12

Section 138 was amended by section 23(4) of the Growth and Infrastructure Act 2013.

f13

Section 147 was amended by paragraph 68 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent etc. granted by the Order
  6. 4Maintenance of authorised development
  7. 5Maintenance of drainage works
  8. 6Limits of works
  9. 7Benefit of Order
  10. 8Consent to transfer benefit of Order
  11. Part 3: STREETS
  12. 9Application of the 1991 Act
  13. 10Street works
  14. 11Power to alter layout, etc., of streets
  15. 12Construction and maintenance of new, altered or diverted streets
  16. 13Temporary stopping up and restriction of use of streets
  17. 14Permanent stopping up of public rights of way
  18. 15Access to works
  19. 16Traffic regulation
  20. 17Agreements with street authorities
  21. 18Designation of highways
  22. Part 4: SUPPLEMENTAL POWERS
  23. 19Discharge of water
  24. 20Protective work to buildings
  25. 21Authority to survey and investigate the land
  26. 22Felling, lopping and removal of trees, shrubs and hedgerows
  27. 23Removal of human remains
  28. Part 5: POWERS OF ACQUISITION AND POSSESSION
  29. 24Compulsory acquisition of land
  30. 25Compulsory acquisition of land – incorporation of the mineral code
  31. 26Time limit for exercise of authority to acquire land compulsorily
  32. 27Compulsory acquisition of rights and imposition of restrictive covenants
  33. 28Private rights over land
  34. 29Modification of Part 1 of the 1965 Act
  35. 30Application of the 1981 Act
  36. 31Acquisition of subsoil or airspace only
  37. 32Rights under or over streets
  38. 33Temporary use of land for carrying out the authorised development
  39. 34Temporary use of land for maintaining the authorised development
  40. 35Special category land
  41. 36Statutory undertakers
  42. 37Apparatus and rights of statutory undertakers in stopped-up streets
  43. 38Recovery of costs of new connections
  44. 39Crown rights
  45. 40Disregard of certain improvements, etc.
  46. 41Set off for enhancement in value of retained land
  47. Part 6: OPERATIONS
  48. 42Power to operate the authorised development
  49. Part 7: MISCELLANEOUS AND GENERAL
  50. 43Disapplication of legislative provisions
  51. 44Interaction with LLAOL planning permission
  52. 45Application of the 1990 Act
  53. 46Application of landlord and tenant law
  54. 47Defence to proceedings in respect of statutory nuisance
  55. 48No double recovery
  56. 49Protection of interests
  57. 50Certification of documents, etc.
  58. 51Service of notices
  59. 52Arbitration
  60. 53Guarantees in respect of payment of compensation
  61. 54Enhancement and conservation of the Chilterns National Landscape
  62. Signature
  63. Schedule 1AUTHORISED DEVELOPMENT
  64. Schedule 2: REQUIREMENTS
  65. Part 1: GENERAL
  66. 1Interpretation
  67. 2Amendments to approved details
  68. 3Anticipatory steps towards compliance with any requirement
  69. Part 2: REQUIREMENTS PERTAINING TO CONSTRUCTION
  70. 4Time limits
  71. 5Phasing of authorised development
  72. 6Detailed design
  73. 7Parameters of authorised development
  74. 8Code of Construction Practice
  75. 9Landscaping design
  76. 10Landscape and biodiversity management plan
  77. 11Protected species
  78. 12Previously unidentified land contamination and contaminated groundwater
  79. 13Surface and foul water drainage
  80. 14Water resources and flood risk assessment
  81. 15Construction traffic management
  82. 16Construction workers
  83. 17Archaeological remains
  84. 18Remediation of Former Eaton Green Landfill
  85. Part 3: REQUIREMENTS PERTAINING TO GREEN CONTROLLED GROWTH
  86. 19Interpretation
  87. 20Exceedance of air quality Level 2 Threshold or Limit
  88. 21Environmental Scrutiny Group
  89. 22Monitoring of permitted operations
  90. 23Exceedance of a Level 1 Threshold
  91. 24Exceedance of a Level 2 Threshold
  92. 25Exceedance of a Limit
  93. 26Review of implementation of this Part
  94. Part 4: REQUIREMENTS PERTAINING TO OTHER OPERATIONAL MATTERS
  95. 27Passenger cap for the authorised development
  96. 28Night quota period scheduled movements cap
  97. 29Annual air traffic movement cap for the authorised development
  98. 30Air noise management plan
  99. 31Fixed plant noise management plan
  100. 32Ground noise management plan
  101. 33Noise contour limits and quota count point limits
  102. 34Noise insulation plan and programme
  103. 35Offsite highways works
  104. 36Off-site highway works, Work Nos. 6e(d), (e), (f), (j) and (q)
  105. 37Travel plans
  106. 38Sustainable transport fund
  107. 39Operational air quality plan
  108. 40Greenhouse gas action plan
  109. 41Operational waste management plan
  110. 42Water consumption
  111. Part 5: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  112. 43Interpretation
  113. 44Applications made under requirements
  114. 45Further information
  115. 46Register of requirements
  116. Schedule 3PERMANENT STOPPING UP OF PUBLIC RIGHTS OF WAY
  117. Schedule 4DESIGNATION OF HIGHWAYS
  118. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  119. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
  120. Compensation enactments
  121. 1Paragraph 1
  122. 2Paragraph 2
  123. 3Paragraph 3
  124. Application of Part 1 of the 1965 Act
  125. 4Paragraph 4
  126. 5Paragraph 5
  127. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  128. Schedule 8: PROTECTIVE PROVISIONS
  129. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS
  130. 1Paragraph 1
  131. 2Paragraph 2
  132. On street apparatus
  133. 3Paragraph 3
  134. Apparatus in stopped up public rights of way
  135. 4Paragraph 4
  136. Protective works to buildings
  137. 5Paragraph 5
  138. Acquisition of land
  139. 6Paragraph 6
  140. Removal of apparatus
  141. 7Paragraph 7
  142. Facilities and rights for alternative apparatus
  143. 8Paragraph 8
  144. Retained apparatus
  145. 9Paragraph 9
  146. Expenses and costs
  147. 10Paragraph 10
  148. 11Paragraph 11
  149. Cooperation
  150. 12Paragraph 12
  151. 13Paragraph 13
  152. 14Paragraph 14
  153. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  154. 15Paragraph 15
  155. 16Paragraph 16
  156. 17Paragraph 17
  157. 18Paragraph 18
  158. Part 3: FOR THE PROTECTION OF LONDON LUTON AIRPORT OPERATIONS LIMITED
  159. 19Paragraph 19
  160. Part 4: FOR THE PROTECTION OF CADENT GAS LIMITED
  161. Application
  162. 20Paragraph 20
  163. Interpretation
  164. 21Paragraph 21
  165. On street apparatus
  166. 22Paragraph 22
  167. Apparatus of Cadent in stopped up rights of way
  168. 23Paragraph 23
  169. Protective works to buildings
  170. 24Paragraph 24
  171. Acquisition of land
  172. 25Paragraph 25
  173. Removal of apparatus
  174. 26Paragraph 26
  175. Facilities and rights for alternative apparatus
  176. 27Paragraph 27
  177. Retained apparatus: protection of Cadent
  178. 28Paragraph 28
  179. Expenses
  180. 29Paragraph 29
  181. Indemnity
  182. 30Paragraph 30
  183. Enactments and agreements
  184. 31Paragraph 31
  185. Co-operation
  186. 32Paragraph 32
  187. Access
  188. 33Paragraph 33
  189. Arbitration
  190. 34Paragraph 34
  191. Notices
  192. 35Paragraph 35
  193. Part 5: FOR THE PROTECTION OF NATIONAL HIGHWAYS LIMITED
  194. Application, etc.
  195. 36Paragraph 36
  196. Interpretation
  197. 37Paragraph 37
  198. General
  199. 38Paragraph 38
  200. Prior approvals and security
  201. 39Paragraph 39
  202. Construction of the specified works
  203. 40Paragraph 40
  204. Payments
  205. 41Paragraph 41
  206. Provisional certificate
  207. 42Paragraph 42
  208. Opening
  209. 43Paragraph 43
  210. Final condition survey
  211. 44Paragraph 44
  212. Defects period
  213. 45Paragraph 45
  214. Final certificate
  215. 46Paragraph 46
  216. Security
  217. 47Paragraph 47
  218. Commuted sums
  219. 48Paragraph 48
  220. Insurance
  221. 49Paragraph 49
  222. Indemnity
  223. 50Paragraph 50
  224. Maintenance of the specified works
  225. 51Paragraph 51
  226. Expert determination
  227. 52Paragraph 52
  228. Part 6: FOR THE PROTECTION OF LOCAL HIGHWAY AUTHORITIES
  229. Application, etc.
  230. 53Paragraph 53
  231. 54Paragraph 54
  232. Detailed design information and commencement
  233. 55Paragraph 55
  234. Security
  235. 56Paragraph 56
  236. Road safety audits
  237. 57Paragraph 57
  238. Construction of the specified works
  239. 58Paragraph 58
  240. Inspections and testing of materials
  241. 59Paragraph 59
  242. Defects in local highways constructed by the undertaker
  243. 60Paragraph 60
  244. Payments
  245. 61Paragraph 61
  246. Provisional certificate
  247. 62Paragraph 62
  248. Maintenance
  249. 63Paragraph 63
  250. Final certificate
  251. 64Paragraph 64
  252. Emergency work
  253. 65Paragraph 65
  254. Land interests
  255. 66Paragraph 66
  256. Commuted sums
  257. 67Paragraph 67
  258. Insurance
  259. 68Paragraph 68
  260. Indemnity
  261. 69Paragraph 69
  262. Part 7: FOR THE PROTECTION OF RAILWAY INTERESTS
  263. Application
  264. 70Paragraph 70
  265. Interpretation
  266. 71Paragraph 71
  267. Approval of plans
  268. 72Paragraph 72
  269. 73Paragraph 73
  270. 74Paragraph 74
  271. 75Paragraph 75
  272. 76Paragraph 76
  273. 77Paragraph 77
  274. 78Paragraph 78
  275. 79Paragraph 79
  276. 80Paragraph 80
  277. 81Paragraph 81
  278. 82Paragraph 82
  279. 83Paragraph 83
  280. 84Paragraph 84
  281. 85Paragraph 85
  282. 86Paragraph 86
  283. 87Paragraph 87
  284. 88Paragraph 88
  285. 89Paragraph 89
  286. 90Paragraph 90
  287. Schedule 9DOCUMENTS TO BE CERTIFIED
  288. Explanatory note