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The Manston Airport Development Consent (Amendment) Order 2023

S.I. 2023/1038 · Made 22 September 2023

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Infrastructure Planning

Made 22nd September 2023

Coming into force 23rd September 2023

An application has been made under paragraph 2 of Schedule 6 to the Planning Act 2008f1 to the Secretary of State in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011f2 for a non-material change to the Manston Airport Development Consent Order 2022f3.

The Secretary of State, having considered the application and the responses to the publicity and consultation carried out in accordance with regulations 6 and 7 of the Infrastructure Planning (Change to, and Revocation of, Development Consent Orders) Regulations 2011, has decided to make this Order amending the Manston Airport Development Consent Order 2022.

The Secretary of State, in exercise of the powers conferred by paragraph 2 of Schedule 6 to the Planning Act 2008, makes the following Order—

Annotations to the whole text

Footnotes

f1

2008 c. 29. Paragraph 2 of Schedule 6 was amended by paragraph 4 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23), by paragraph 72 of Schedule 13 and paragraph 1 of Schedule 25 to the Localism Act 2011 (c. 20), and by section 28 of the Infrastructure Act 2015 (c. 7).

f2

S.I. 2011/2055, as amended by S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2015/377, S.I. 2015/760, S.I. 2015/1682, S.I. 2017/314, S.I. 2017/524, S.I. 2018/378, S.I. 2019/734, S.I. 2020/764 and S.I.2020/1534.

f3

S.I. 2022/922.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Manston Airport Development Consent Order 2022
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Manston Airport Development Consent (Amendment) Order 2023 and comes into force on 23rd September 2023.

2Amendment of the Manston Airport Development Consent Order 2022

(1)

The Manston Airport Development Consent Order 2022 is amended as follows.

(2)

In article 9(1)(a) (guarantees in respect of payment of compensation, etc.), for “£13.1 million” substitute “£6.2 million”.

(3)

In article 21(3) (time limit for exercise of authority to acquire land compulsorily), for “the later of: (a) the end of the period of one calendar year beginning on the day after” substitute “the end of the period of one calendar year beginning on the day after the later of: (a)”.

Signature

Signed by authority of the Secretary of State for Transport

Gareth Leigh

Head of the Transport and Works Act Orders Unit

Department for Transport

22nd September 2023

Explanatory note

(This note is not part of the Order)

This Order amends the Manston Airport Development Consent Order 2022 (“the 2022 Order”), a development consent order under the Planning Act 2008 (“the Act”).

This Order follows an application under paragraph 2 of the Schedule 6 to the Act for a non-material change to allow an alteration to the amount of funds to be available before the use of compulsory acquisition powers, to reflect the significantly reduced compulsory acquisition powers.

It also corrects a drafting error in article 21 to make clear that the 1 year period only starts to run from the expiry of the challenge period, or the final determination of any challenge to the 2022 Order.