The London Luton Airport Expansion Development Consent Order 2025

Made: 3rd April 2025

Coming into force: 24th April 2025

The Secretary of State, in exercise of the powers conferred by sections 114[^f00004], 115[^f00005], 117[^f00006], 120[^f00007], 122[^f00008], 123[^f00009], 127[^f00010] 131[^f00011], 135, 138[^f00012], 147[^f00013], 154 and 229 of, and paragraphs 1 to 4, 10 to 14 17, 22, 26, 33, 36 and 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 London Luton Airport Expansion Development Consent Order 2025 and comes into force on 24th April 2025.

Interpretation

2

• (1) In this Order—

• “the 1961 Act” means the Land Compensation Act 1961[^f00014];

• “the 1965 Act” means the Compulsory Purchase Act 1965[^f00015];

• “the 1972 Act” means the Local Government Act 1972[^f00016]

• “the 1980 Act” means the Highways Act 1980[^f00017];

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981[^f00018];

• “the 1984 Act” means the Road Traffic Regulation Act 1984[^f00019];

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00020];

• “the 1991 Act” means the New Roads and Street Works Act 1991[^f00021];

• “the 2003 Act” means the Communications Act 2003[^f00022];

• “the 2008 Act” means the Planning Act 2008[^f00023];

• “the 2016 Regulations” means the Environmental Permitting (England and Wales) Regulations 2016[^f00024];

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

• “airport” means London Luton Airport, an airport within the meaning given in section 66 (airports) of the Civil Aviation Act 2012[^f00025], comprised prior to the making of this Order of the land shown within the airport boundary plan (existing), and authorised by this Order to be expanded to comprise the land shown within the airport boundary plan (expanded);

• “Airport Access Road and Luton DART long section plans” means the document of that description listed in Schedule 9 (documents to be certified) and certified by the Secretary of State as the Airport Access Road and Luton DART long section plans for the purposes of this Order;

• “airport operator” means, in the context of London Luton Airport, the managing body of an airport as defined in the Airports Slot Allocation Regulations 2006[^f00026];

• “airport boundary plans” means the document of that description listed in Schedule 9 (documents to be certified) and certified by the Secretary of State as the airport boundary plans for the purposes of the Order;

• “airport boundary plan (existing)” means the plan of that name included in the airport boundary plans;

• “airport boundary plan (expanded)” means the plan of that name included in the airport boundary plans;

• “apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

• “authorised development” means the development described in Schedule 1 (authorised development) including any other development authorised by this Order, 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 listed in Schedule 9 and certified by the Secretary of State as the book of reference for the purposes of the Order;

• “bridleway” has the same meaning as in section 329(1) (further provision as to interpretation of the 1980 Act;

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

• “carriageway” has the same meaning as in section 329(1) of the 1980 Act and includes part of a carriageway;

• “code of construction practice” means Appendix 4.2 of the environmental statement;

• “Crown land plans” means the document of that description listed in Schedule 9 and certified by the Secretary of State as the Crown land plans for the purposes of the Order;

• “cycle track” has the same meaning as in section 329(1)[^f00027] of the 1980 Act;

• “electronic transmission” means a communication transmitted— by means of an electronic communications network; or by other means but while in electronic form, and in this definition “electronic communications network” has the same meaning as in section 32(1)[^f00028] (meaning of electronic communications networks and services) of the 2003 Act;

• “environmental statement” means the document of that description listed in Schedule 9 and certified by the Secretary of State as the environmental statement for the purposes of the Order;

• “footway” and “footpath” have the same meaning as in section 329(1) of the 1980 Act and include part of a footway or footpath;

• “highway”, “highway authority” and “local highway authority” respectively have the same meaning as in section 328 (meaning of “highway”), section 1 (highway authorities: general provision) and section 329(1) of the 1980 Act and “highway” includes part of a highway;

• “highway works” means any works to construct, alter or improve a highway;

• “land plans” means the document of that description listed in Schedule 9 and certified by the Secretary of State as the land plans for the purposes of the Order;

• “LLAOL” means London Luton Airport Operations Limited (company number 03491213), whose registered office is at Percival House, 134 Percival Way, London Luton Airport, Luton, United Kingdom, LU2 9NU;

• “LLAOL planning permission” means either planning permission reference 15/00950/VARCON or if commenced planning permission reference 21/00031/VARCON (APP/B0230/V/22/3296455), including any variations thereto granted under section 96A[^f00029] (power to make non-material changes to planning permission or permission in principle) or section 73[^f00030] (determination of applications to develop land without compliance with conditions previously attached) of the 1990 Act;

• “LLAOL section 106 agreement” means either— the agreement entered into under section 106 of the 1990 Act dated 9 October 2017 made between London Luton Airport Operations Limited, London Luton Airport Limited, The Royal Bank of Scotland PLC and Luton Borough Council and entered into in connection with planning permission reference 15/00950/VARCON; or if planning permission reference 21/00031/VARCON (APP/B0230/V/22/3296455) is commenced, the agreement entered into under section 106 of the 1990 Act dated 9December 2022 made between London Luton Airport Operations Limited, London Luton Airport Limited, NatWest Markets PLC and Luton Borough Council and entered into in connection with that planning permission, and including any variations thereto;

• “local highway” means any highway which is not (or will not be upon completion of any relevant works) a strategic road;

• “maintain” in relation to the authorised development includes to inspect, repair, adjust, alter, remove, refurbish, replace, improve or reconstruct provided that such works do not give rise to any materially new or materially different environmental effects in comparison to those reported in the environmental statement and any derivative of “maintain” is to be construed accordingly;

• “National Highways” means National Highways Limited (company number 09346363) whose registered office is at Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ;

• “Order land” means the land shown on the land plans, which is within the limits of land to be acquired or used permanently or temporarily, and described in the book of reference;

• “the Order limits” means the limits of lands of land to be acquired or used permanently or temporarily shown on the works plans within which the authorised development may be carried out;

• “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981[^f00031];

• “permit scheme” means the East of England Permit Scheme made under the Traffic Management (Hertfordshire County Council) Permit Scheme Order 2015 (as varied) and the Traffic Management (Luton Borough Council) Permit Scheme Order 2015 (as varied) made under Part 3 (permit schemes) of the Traffic Management Act 2004[^f00032] as in force at the date on which this Order is made;

• “relevant highway authority” means, in any given provision of this Order— National Highways, for any strategic road to which the provision relates; and the local highway authority for the area in which the highway to which the provision relates is situated;

• “relevant planning authority” means in any given provision of this Order, the local planning authority under the 1990 Act— for the area in which the part of the authorised development to which the provision relates is situated; and for the matter to which that provision relates, being, as the case may be, one of Central Bedfordshire Council, Dacorum Borough Council, Hertfordshire County Council, Luton Borough Council or North Hertfordshire District Council;

• “rights of way plans – permanent stopping up of public rights of way” means the plans of that description included in the streets, rights of way and access plans;

• “rights of way plans – public rights of way proposals” means the plans of that description included in the streets, rights of way and access plans;

• “scheme layout plans” means the document of that description listed in Schedule 9 and certified by the Secretary of State as the scheme layout plans for the purposes of the Order;

• “special category land plans” means the document of that description listed in Schedule 9 and certified by the Secretary of State as the special category land plans for the purposes of the Order;

• “statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) or section 138(4A)[^f00033] (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act;

• “strategic road” means a highway for which National Highways is (or will be upon completion of any relevant works) the highway authority;

• “street” means a street within the meaning of section 48[^f00034] (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

• “street authority”, in relation to a street, has the same meaning as in section 49[^f00035] (the street authority and other relevant authorities) of the 1991 Act;

• “streets, rights of way and access plans” means the document certified by the Secretary of State as the streets, rights of way and access plans for the purposes of the Order under article 50 (certification of documents, etc.) and referenced in Schedule 9 (documents to be certified);

• “streets, rights of way and access plan – Airport Access Road” means the plans of that description included in the streets, rights of way and access plans;

• “streets, rights of way and access plan – A1089/Gipsy Lane” means the plans of that description included in the streets, rights of way and access plans;

• “traffic authority” has the same meaning as in section 121A[^f00036] (traffic authorities) of the 1984 Act;

• “the tribunal” means the Lands Chamber of the Upper Tribunal;

• “undertaker” means London Luton Airport Limited (company registration number 02020381) whose registered office is at Hart House Business Centre, Kimpton Road, Luton, LU2 0LA or the person who has the benefit of this Order in accordance with articles 7 (benefit of Order) and 8 (consent to transfer benefit of Order);

• “watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and

• “works plans” means the document of that description listed in Schedule 9 and certified by the Secretary of State as the works plans for the purposes of the Order.

• (2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order land.

• (3) Excluding the dimensions specified in paragraph 7 of Part 2 of Schedule 2 to this Order, all distances, directions, areas and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development and shown on the works plans or streets, rights of way and access plans are taken to be measured along that work.

• (4) References in this Order to the creation and acquisition of rights over land includes the rights to oblige a party having an interest in land to grant those rights referenced in the Order, at the discretion of the undertaker, either—

• (a) to an affected person directly, where that person’s land or rights over land have been adversely affected by this Order, and, where that is the case, the rights referenced in the Order are to be granted for the benefit of the land in which that affected person has an interest at the time of the making of this Order; or

• (b) to any statutory undertaker for the purpose of their undertaking.

• (5) For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

• (6) References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the streets, rights of way and access plans.

• (7) References to any statutory body in the Order or any registered company listed in article 8 (consent to transfer benefit of Order) includes that body’s or that company’s successor bodies from time to time.

• (8) References in this Order to numbered works are references to works as numbered in Schedule 1 (authorised development).

• (9) References in this Order to materially new or materially different environmental effects in comparison with those reported in the environmental statement must not be construed so as to include the avoidance, removal or reduction of an adverse environmental effect that was reported in the environmental statement as a result of the authorised development.

• (10) In this Order, the expression “includes” is to be construed without limitation, unless so construing would give rise to any materially new or materially different environmental effects in comparison to those report in the environmental statement.

• (11) References in this Order to “part” of the authorised development are to be construed as references to stages, phases or elements of the authorised development in respect of which an application is made by the undertaker under Schedule 2, and references to commencement of part of the authorised development in Schedule 2 are to be construed accordingly.

PART 2 — PRINCIPAL POWERS

Development consent etc. granted by the Order

3

• (1) Subject to the provisions of this Order the undertaker is granted development consent for the authorised development to be carried out.

• (2) Any enactment applying to land within, adjoining or sharing a common boundary with the Order limits has effect subject to the provisions of this Order.

Maintenance of authorised development

4

The undertaker may at any time maintain the authorised development, except to the extent that this Order, or an agreement made under this Order, provides otherwise.

Maintenance of drainage works

5

• (1) Nothing in this Order, or the construction, maintenance or operation of the authorised development under it, affects any responsibility for the maintenance of any works connected with the drainage of land, whether that responsibility is imposed or allocated by or under any enactment, or otherwise, unless otherwise agreed in writing between the undertaker and the person responsible.

• (2) In this article “drainage” has the same meaning as in section 72 (interpretation) of the Land Drainage Act 1991[^f00037].

Limits of works

6

• (1) Each numbered work must be situated within the limits of the corresponding numbered area shown on the works plans.

• (2) In carrying out the authorised development the undertaker may—

• (a) in respect of the Airport Access Road works comprised in Work Nos. 6a(01), 6a(02) and 6a(03) deviate vertically from the proposed levels as shown by the proposed vertical alignment shown on sheets 1 to 4 of the Airport Access Road Highway Mainline-Indicative Plan/Profile within the Airport Access Road and Luton DART long section plans to a maximum of 2.0 metres upwards or downwards; and

• (b) in respect of the Luton DART works comprised in Work No. 3g deviate vertically from the proposed rail levels shown on the Indicative Luton DART Tunnel Extension – Alignment Profile within the Airport Access Road and Luton DART long section plans to a maximum of 0.5 metres upwards or 1.0 metres downwards.

• (3) The limits set out in paragraphs (1) and (2) do not apply where it is demonstrated by the undertaker to the relevant planning authority’s satisfaction and the relevant planning authority certifies accordingly that works in excess of these limits would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

• (4) Part 5 (procedure for discharge of requirements) of Schedule 2 (requirements) applies to an application to the relevant planning authority for certification under paragraph (3) as though it were an approval required by a requirement under that Schedule.

Benefit of Order

7

Subject to article 8 (consent to transfer benefit of Order), the provisions of this Order conferring powers on the undertaker have effect solely for the benefit of the undertaker.