The Manston Airport Development Consent Order 2020

Publication Date:January 01, 2020
 
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2020No. 716

INFRASTRUCTURE PLANNING

The Manston Airport Development Consent Order 2020

Made9thJuly2020

Coming into force30thJuly2020

CONTENTS

PART 1

PRELIMINARY

1. Citation and commencement

2. Interpretation

PART 2

PRINCIPAL POWERS

3. Development consent etc. granted by the Order

4. Maintenance of authorised development

5. Maintenance of drainage works

6. Limits of deviation

7. Benefit of Order

8. Consent to transfer benefit of Order

9. Guarantees in respect of payment of compensation, etc.

PART 3

STREETS

10. Application of the 1991 Act

11. Construction and maintenance of new, altered or diverted streets

12. Temporary stopping up and restriction of use of streets

13. Permanent stopping up of public rights of way

14. Access to works

15. Traffic regulation

PART 4

SUPPLEMENTAL POWERS

16. Discharge of water

17. Protective work to buildings

18. Authority to survey and investigate the land

PART 5

POWERS OF ACQUISITION AND POSSESSION

19. Compulsory acquisition of land

20. Compulsory acquisition of land – incorporation of the mineral code

21. Time limit for exercise of authority to acquire land compulsorily

22. Compulsory acquisition of rights

23. Subsoil or new rights only to be acquired in certain land

24. Private rights over land

25. Modification of Part 1 of the 1965 Act

26. Application of the 1981 Act

27. Acquisition of subsoil or airspace only

28. Rights under or over streets

29. Temporary use of land for carrying out the authorised development

30. Temporary use of land for maintaining the authorised development

31. Statutory undertakers

32. Apparatus and rights of statutory undertakers in stopped-up streets

33. Recovery of costs of new connections

PART 6

OPERATIONS

34. Felling or lopping of trees and removal of hedgerows

PART 7

MISCELLANEOUS AND GENERAL

35. Abrogation of agreement

36. Application of landlord and tenant law

37. Removal of human remains

38. Defence to proceedings in respect of statutory nuisance

39. Protection of interests

40. Crown rights

41. Certification of documents, etc.

42. Service of notices

43. Arbitration

SCHEDULES

SCHEDULE 1

— AUTHORISED DEVELOPMENT

SCHEDULE 2

— REQUIREMENTS

PART 1

— REQUIREMENTS

PART 2

— PROCEDURE FOR DISCHARGE OF REQUIREMENTS

SCHEDULE 3

— PERMANENT STOPPING UP OF PUBLIC RIGHTS OF WAY

PART 1

— PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

PART 2

— PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

SCHEDULE 4

— TRAFFIC REGULATION

SCHEDULE 5

— LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

SCHEDULE 6

— MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

SCHEDULE 7

— ACQUISITION OF SUBSOIL AND RIGHTS ONLY

PART 1

— LAND IN WHICH ONLY SUBSOIL OR RIGHTS OVER SUBSOIL MAY BE ACQUIRED

PART 2

— LAND IN WHICH ONLY NEW RIGHTS MAY BE ACQUIRED AT SURFACE LEVEL OR ABOVE

SCHEDULE 8

— LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

SCHEDULE 9

— PROTECTIVE PROVISIONS

PART 1

— FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS

PART 2

— FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

PART 3

— FOR PROTECTION OF NETWORK RAIL

SCHEDULE 10

— DOCUMENTS TO BE CERTIFIED

An application has been made to the Secretary of State under section 37 of the Planning Act 2008( 1) (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009( 2), for an Order.

The application was examined by a 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 2010( 3).

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 114, 115, 117, 120 and 122 of, and paragraphs 1 to 4, 10 to 15, 17, 20, 23, 26, 33 and 36 to 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—

PART 1

PRELIMINARY

Citation and commencement

1. This Order may be cited as the Manston Airport Development Consent Order 2020 and comes into force on 30th July 2020.

Interpretation

2.—(1) In this Order—

“the 1961 Act” means the Land Compensation Act 1961( 4);

“the 1965 Act” means the Compulsory Purchase Act 1965( 5);

“the 1972 Act” means the Local Government Act 1972( 6)

“the 1980 Act” means the Highways Act 1980( 7);

“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981( 8);

“the 1982 Act” means the Civil Aviation Act 1982( 9);

“the 1984 Act” means the Road Traffic Regulation Act 1984( 10);

“the 1990 Act” means the Town and Country Planning Act 1990( 11);

“the 1991 Act” means the New Roads and Street Works Act 1991( 12);

“the 2008 Act” means the Planning Act 2008( 13);

“access and rights of way plans” means the documents of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the access and rights of way plans for the purposes of this Order;

“address” includes any number or address for the purposes of electronic transmission;

“airport-related” development means development directly related to and required to support operations at Manston Airport including, but not limited to, freight distribution centres, including freight forwarding and temporary storage facilities for airlines;

“apparatus” has the same meaning as in Part 3 of the 1991 Act;

“authorised development” means the development and associated development described in Schedule 1 (authorised development) or any part of it, which is development within the meaning of section 32 (meaning of development) of the 2008 Act;

“book of reference” means the document of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the book of reference for the purposes of this Order;

“building” includes any structure or erection or any part of a building, structure or erection;

“carriageway” has the same meaning as in the 1980 Act;

“commence” means the carrying out of any material operation (as defined in section 155 (when development begins) of the 2008 Act) forming part of the authorised development other than operations consisting of environmental surveys and monitoring, investigations for the purpose of assessing ground conditions, diversion and laying of services, receipt and erection of construction plant and equipment, erection of any temporary means of enclosure, the temporary display of site notices or contractors' signage and notices or installation of a site compound or any other temporary building or structure to the extent that these are not likely to harm heritage assets of national importance and their settings as defined in the further assessment of the historic character of the airfield under requirement 3(3)(a) and “commenced” and “commencement” are to be construed accordingly;

“consultative committee guidance” means the Guidelines for Airport Consultative Committees published by the Department for Transport in April 2014;

“crown land plan” means the document of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the crown land plan for the purposes of this Order;

“cycle track” has the same meaning as in the 1980 Act( 14);

“design and access statement” means the documents of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the design and access statement for the purposes of this Order;

“design drawings” means the document of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the design drawings for the purposes of this Order;

“design guide” means the document of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the design guide for the purposes of this Order;

“electronic transmission” means a communication transmitted—

(a) by means of an electronic communications network; or

(b) by other means but while in electronic form;

“engineering drawings and sections” means the documents of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the engineering drawings and sections for the purposes of this Order;

“environmental statement” means the document of that description certified by the Secretary of State under article 41 (certification of documents, etc.) as the environmental statement for the purposes of this Order;

“footway” and “footpath” have the same meaning as in the 1980 Act;

“highway”, “highway authority” and “local highway authority” have the same meaning as in the 1980 Act;

“Kent County Council” means Kent County Council of County Hall, Maidstone, Kent ME14 1XQ;

“land plans†means the documents of that description...

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