The Manston Airport Development Consent Order 2022
S.I. 2022/922 · Made 18 August 2022 · Extends to England, Wales and Scotland
Infrastructure Planning
Made 18th August 2022
Coming into force 8th September 2022
The application was examined by a Panel of four members (“the Panel”) 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examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 74(2) of the 2008 Act, made a report and recommendation to the Secretary of State.
The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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 the special category land within the Order limits, when burdened with the rights imposed by this Order, will be no less advantageous than it was before to the persons in whom it is vested; other persons, if any, entitled to rights of common or other rights; and the public; and that, accordingly, section 132(3) of the 2008 Act applies.
The Secretary of State, in exercise of the powers conferred by sections 114f4, 115f5, 117f6, 120f7 and 122f8 of, and paragraphs 1 to 4, 10 to 15, 17, 20, 23, 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. 2013/522, 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. 2018/378, S.I. 2019/734 and S.I. 2020/1534.
- 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.
- 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) and section 43 of the Wales Act 2017 (c. 4).
- 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 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.
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent etc. granted by the Order
- 4Maintenance of authorised development
- 5Maintenance of drainage works
- 6Limits of deviation
- 7Benefit of Order
- 8Consent to transfer benefit of Order
- 9Guarantees in respect of payment of compensation, etc.
- Part 3: STREETS
- 10Application of the 1991 Act
- 11Construction and maintenance of new, altered or diverted streets
- 12Temporary stopping up and restriction of use of streets
- 13Permanent stopping up of public rights of way
- 14Access to works
- 15Traffic regulation
- Part 4: SUPPLEMENTAL POWERS
- 16Discharge of water
- 17Protective work to buildings
- 18Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION AND POSSESSION
- 19Compulsory acquisition of land
- 20Compulsory acquisition of land – incorporation of the mineral code
- 21Time limit for exercise of authority to acquire land compulsorily
- 22Compulsory acquisition of rights
- 23Subsoil or new rights only to be acquired in certain land
- 24Private rights over land
- 25Modification of Part 1 of the 1965 Act
- 26Application of the 1981 Act
- 27Acquisition of subsoil or airspace only
- 28Rights under or over streets
- 29Temporary use of land for carrying out the authorised development
- 30Temporary use of land for maintaining the authorised development
- 31Statutory undertakers
- 32Apparatus and rights of statutory undertakers in stopped-up streets
- 33Recovery of costs of new connections
- Part 6: OPERATIONS
- 34Felling or lopping of trees and removal of hedgerows
- Part 7: MISCELLANEOUS AND GENERAL
- 35Abrogation of agreement
- 36Application of landlord and tenant law
- 37Removal of human remains
- 38Defence to proceedings in respect of statutory nuisance
- 39Protection of interests
- 40Crown rights
- 41Certification of documents, etc.
- 42Service of notices
- 43Arbitration
- Signature
- Schedule 1AUTHORISED DEVELOPMENT
- Schedule 2: REQUIREMENTS
- Part 1: REQUIREMENTS
- Interpretation
- 1Paragraph 1
- Time limits
- 2Paragraph 2
- Development masterplans
- 3Paragraph 3
- Detailed design
- 4Paragraph 4
- Detailed design of fuel farm
- 5Paragraph 5
- Construction environmental management plan
- 6Paragraph 6
- Operation environmental management plan
- 7Paragraph 7
- Ecological mitigation
- 8Paragraph 8
- Noise mitigation
- 9Paragraph 9
- Landscaping
- 10Paragraph 10
- Contaminated land and groundwater
- 11Paragraph 11
- Protected species
- 12Paragraph 12
- Surface and foul water drainage
- 13Paragraph 13
- Traffic management
- 14Paragraph 14
- Piling and other intrusive works
- 15Paragraph 15
- Archaeological remains
- 16Paragraph 16
- Amendments to approved details
- 17Paragraph 17
- Community consultative committee
- 18Paragraph 18
- Airport-related commercial facilities
- 19Paragraph 19
- Education, employment and skills plan
- 20Paragraph 20
- Airport operation
- 21Paragraph 21
- Highway improvements
- 22Paragraph 22
- Monitoring
- 23Paragraph 23
- High Resolution Direction Finder
- 24Paragraph 24
- Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- Applications made under requirements
- 25Paragraph 25
- Fees
- 26Paragraph 26
- Appeals
- 27Paragraph 27
- Outcome of appeals
- 28Paragraph 28
- Interpretation of Part 2 of Schedule 2
- 29Paragraph 29
- Schedule 3: PERMANENT STOPPING UP OF PUBLIC RIGHTS OF WAY
- 1PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- 2PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- Schedule 4TRAFFIC REGULATION
- Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
- Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- Compensation enactments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Application of Part 1 of the 1965 Act
- 4Paragraph 4
- 5Paragraph 5
- Schedule 7: ACQUISITION OF SUBSOIL AND RIGHTS ONLY
- 1LAND IN WHICH ONLY SUBSOIL OR RIGHTS OVER SUBSOIL MAY BE ACQUIRED
- 2LAND IN WHICH ONLY NEW RIGHTS MAY BE ACQUIRED AT SURFACE LEVEL OR ABOVE
- Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 9: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- On street apparatus
- 3Paragraph 3
- Apparatus in stopped up streets
- 4Paragraph 4
- Protective works to buildings
- 5Paragraph 5
- Acquisition of land
- 6Paragraph 6
- Removal of apparatus
- 7Paragraph 7
- Facilities and rights for alternative apparatus
- 8Paragraph 8
- Retained apparatus
- 9Paragraph 9
- Expenses and costs
- 10Paragraph 10
- 11Paragraph 11
- Cooperation
- 12Paragraph 12
- 13Paragraph 13
- Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Part 3: FOR PROTECTION OF NETWORK RAIL
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- Schedule 10DOCUMENTS TO BE CERTIFIED
- Explanatory note