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The Manston Airport Development Consent Order 2022

S.I. 2022/922 · Made 18 August 2022 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 20 May 2025.

Infrastructure Planning

Made 18th August 2022

Coming into force 8th September 2022

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.

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examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 74(2) of the 2008 Act, made a report and recommendation to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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

  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 deviation
  9. 7Benefit of Order
  10. 8Consent to transfer benefit of Order
  11. 9Guarantees in respect of payment of compensation, etc.
  12. Part 3: STREETS
  13. 10Application of the 1991 Act
  14. 11Construction and maintenance of new, altered or diverted streets
  15. 12Temporary stopping up and restriction of use of streets
  16. 13Permanent stopping up of public rights of way
  17. 14Access to works
  18. 15Traffic regulation
  19. Part 4: SUPPLEMENTAL POWERS
  20. 16Discharge of water
  21. 17Protective work to buildings
  22. 18Authority to survey and investigate the land
  23. Part 5: POWERS OF ACQUISITION AND POSSESSION
  24. 19Compulsory acquisition of land
  25. 20Compulsory acquisition of land – incorporation of the mineral code
  26. 21Time limit for exercise of authority to acquire land compulsorily
  27. 22Compulsory acquisition of rights
  28. 23Subsoil or new rights only to be acquired in certain land
  29. 24Private rights over land
  30. 25Modification of Part 1 of the 1965 Act
  31. 26Application of the 1981 Act
  32. 27Acquisition of subsoil or airspace only
  33. 28Rights under or over streets
  34. 29Temporary use of land for carrying out the authorised development
  35. 30Temporary use of land for maintaining the authorised development
  36. 31Statutory undertakers
  37. 32Apparatus and rights of statutory undertakers in stopped-up streets
  38. 33Recovery of costs of new connections
  39. Part 6: OPERATIONS
  40. 34Felling or lopping of trees and removal of hedgerows
  41. Part 7: MISCELLANEOUS AND GENERAL
  42. 35Abrogation of agreement
  43. 36Application of landlord and tenant law
  44. 37Removal of human remains
  45. 38Defence to proceedings in respect of statutory nuisance
  46. 39Protection of interests
  47. 40Crown rights
  48. 41Certification of documents, etc.
  49. 42Service of notices
  50. 43Arbitration
  51. Signature
  52. Schedule 1AUTHORISED DEVELOPMENT
  53. Schedule 2: REQUIREMENTS
  54. Part 1: REQUIREMENTS
  55. Interpretation
  56. 1Paragraph 1
  57. Time limits
  58. 2Paragraph 2
  59. Development masterplans
  60. 3Paragraph 3
  61. Detailed design
  62. 4Paragraph 4
  63. Detailed design of fuel farm
  64. 5Paragraph 5
  65. Construction environmental management plan
  66. 6Paragraph 6
  67. Operation environmental management plan
  68. 7Paragraph 7
  69. Ecological mitigation
  70. 8Paragraph 8
  71. Noise mitigation
  72. 9Paragraph 9
  73. Landscaping
  74. 10Paragraph 10
  75. Contaminated land and groundwater
  76. 11Paragraph 11
  77. Protected species
  78. 12Paragraph 12
  79. Surface and foul water drainage
  80. 13Paragraph 13
  81. Traffic management
  82. 14Paragraph 14
  83. Piling and other intrusive works
  84. 15Paragraph 15
  85. Archaeological remains
  86. 16Paragraph 16
  87. Amendments to approved details
  88. 17Paragraph 17
  89. Community consultative committee
  90. 18Paragraph 18
  91. Airport-related commercial facilities
  92. 19Paragraph 19
  93. Education, employment and skills plan
  94. 20Paragraph 20
  95. Airport operation
  96. 21Paragraph 21
  97. Highway improvements
  98. 22Paragraph 22
  99. Monitoring
  100. 23Paragraph 23
  101. High Resolution Direction Finder
  102. 24Paragraph 24
  103. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  104. Applications made under requirements
  105. 25Paragraph 25
  106. Fees
  107. 26Paragraph 26
  108. Appeals
  109. 27Paragraph 27
  110. Outcome of appeals
  111. 28Paragraph 28
  112. Interpretation of Part 2 of Schedule 2
  113. 29Paragraph 29
  114. Schedule 3: PERMANENT STOPPING UP OF PUBLIC RIGHTS OF WAY
  115. 1PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  116. 2PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  117. Schedule 4TRAFFIC REGULATION
  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
  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 7: ACQUISITION OF SUBSOIL AND RIGHTS ONLY
  128. 1LAND IN WHICH ONLY SUBSOIL OR RIGHTS OVER SUBSOIL MAY BE ACQUIRED
  129. 2LAND IN WHICH ONLY NEW RIGHTS MAY BE ACQUIRED AT SURFACE LEVEL OR ABOVE
  130. Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  131. Schedule 9: PROTECTIVE PROVISIONS
  132. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS
  133. 1Paragraph 1
  134. 2Paragraph 2
  135. On street apparatus
  136. 3Paragraph 3
  137. Apparatus in stopped up streets
  138. 4Paragraph 4
  139. Protective works to buildings
  140. 5Paragraph 5
  141. Acquisition of land
  142. 6Paragraph 6
  143. Removal of apparatus
  144. 7Paragraph 7
  145. Facilities and rights for alternative apparatus
  146. 8Paragraph 8
  147. Retained apparatus
  148. 9Paragraph 9
  149. Expenses and costs
  150. 10Paragraph 10
  151. 11Paragraph 11
  152. Cooperation
  153. 12Paragraph 12
  154. 13Paragraph 13
  155. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  156. 14Paragraph 14
  157. 15Paragraph 15
  158. 16Paragraph 16
  159. 17Paragraph 17
  160. Part 3: FOR PROTECTION OF NETWORK RAIL
  161. 18Paragraph 18
  162. 19Paragraph 19
  163. 20Paragraph 20
  164. 21Paragraph 21
  165. 22Paragraph 22
  166. 23Paragraph 23
  167. 24Paragraph 24
  168. 25Paragraph 25
  169. 26Paragraph 26
  170. 27Paragraph 27
  171. 28Paragraph 28
  172. 29Paragraph 29
  173. 30Paragraph 30
  174. 31Paragraph 31
  175. 32Paragraph 32
  176. 33Paragraph 33
  177. 34Paragraph 34
  178. 35Paragraph 35
  179. Schedule 10DOCUMENTS TO BE CERTIFIED
  180. Explanatory note