Article 6 Limits of deviationI1
England, Wales and Scotland
In carrying out the authorised development the undertaker may—
construct each work only within its relevant work limits shown on the works plans;
deviate vertically downwards from the levels of the authorised development shown on the engineering drawings and sections to any extent except that any deviation to a point below existing ground level must be approved in writing by the Secretary of State in consultation with the Environment Agency and Southern Water; and
deviate vertically upwards from the levels of the authorised development shown on the engineering drawings and sections to a maximum of 2 metres except in relation to the parts of the authorised development referred to in column (1) of the table below, where the maximum height for each such part is set out in the corresponding entry in column (2) of that table—
| (1) Building or Structure | (2) Maximum Height (above ordnance datum) |
|---|---|
| Cargo facilities constructed as part of Work No.1 | 67.3 metres |
| Business jet hangar constructed as part of Work No.2 | 66.1 metres |
| Fixed base operation hangars constructed as part of Work No.2 | 66.2 metres |
| Air traffic control tower constructed as part of Work No.3 | 74.0 metres |
| Radar tower constructed as part of Work No.4 | 74.0 metres |
| Terminal building constructed as part of Work No.12 | 59.6 metres |
| Fire station constructed as part of Work No.13 | 60.1 metres |
| Gatehouse constructed as part of Work No.14 | 53.2 metres |
| Gatehouse gantry constructed as part of Work No.14 | 57.2 metres |
| Commercial buildings constructed as part of Work No.15 | 66.5 metres |
| Commercial buildings constructed as part of Work No.16 | 64.2 metres |
| Commercial buildings constructed as part of Work No.17 | 64.5 metres |
| Aircraft recycling hangar constructed as part of Work No.18 | 72.8 metres |
| Fuel farm tanks constructed as part of Work No.19 | 51.0 metres |
The maximum limits of vertical deviation do not apply where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State, following consultation with the relevant planning authority, Southern Water and the Environment Agency, certifies accordingly that a deviation in excess of these limits does not give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.
In any discrepancy in any heights cited in this article and heights cited elsewhere in this Order, notably in Schedule 1, then the lower of the two is the maximum height permitted.
The authorised development may not deviate within the limits of deviation specified in this article if the deviation would be likely to harm heritage assets of national importance and their settings that are considered worthy of conservation by the relevant planning authority, Kent County Council and Historic England as informed by the further assessment required by requirement 3(3)(a).
Annotations
Commencement
- I1
Art. 6 in force at 8.9.2022, see art. 1