The Gatwick Airport (Northern Runway Project) Development Consent Order 2025
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Change 1
24 Authority to survey and investigate the land
(1) The undertaker may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised development and— (a) survey or investigate the land (including any watercourses, groundwater, static water bodies or vegetation on the land); (b) without limitation to the scope of sub-paragraph (a), make any excavations, trial holes, boreholes and other investigations in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer, subsoil, ground water, underground structures, foundations, and plant or apparatus and remove soil and water samples and discharge water from sampling operations on to the land; (c) without limitation to the scope of sub-paragraph (a), carry out ecological or archaeological investigations on such land; and (d) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes, boreholes or excavations. (2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless no less than 14 days’ notice has been served on every owner and occupier of the land, and such notice must indicate the nature of the survey or investigation that the undertaker intends to carry out. (3) Any person entering land under this article on behalf of the undertaker— (a) must, if so required, before or after entering the land, produce written evidence of their authority to do so; and (b) may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes, boreholes or excavations. (4) No trial holes, boreholes or excavations are to be made under this article— (a) in land located within a highway boundary without the consent of the relevant highway authority; or (b) in a private street without the consent of the street authority (save for streets within the airport), but such consent must not be unreasonably withheld. (5) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (6) Article 53 (deemed consent) applies to an application to a highway authority or street authority for consent under paragraph (4). (7) Section 13 (refusal to give permission to the acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.
24 Authority to survey and investigate the land
(1) The undertaker may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised development and— (a) survey or investigate the land (including any watercourses, groundwater, static water bodies or vegetation on the land); (b) without limitation to the scope of sub-paragraph (a), make any excavations, trial holes, boreholes and other investigations in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer, subsoil, ground water, underground structures, foundations, and plant or apparatus and remove soil and water samples and discharge water from sampling operations on to the land; (c) without limitation to the scope of sub-paragraph (a), carry out ecological or archaeological investigations on such land; and (d) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes, boreholes or excavations. (2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless no less than 14 days’ notice has been served on every owner and occupier of the land, and such notice must indicate the nature of the survey or investigation that the undertaker intends to carry out. (3) Any person entering land under this article on behalf of the undertaker— (a) must, if so required, before or after entering the land, produce written evidence of their authority to do so; and (b) may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes, boreholes or excavations. (4) No trial holes, boreholes or excavations are to be made under this article— (a) in land located within a highway boundary without the consent of the relevant highway authority; or (b) in a private street without the consent of the street authority (save for streets within the airport), but such consent must not be unreasonably withheld. (5) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (6) Article 53 (deemed consent) applies to an application to a highway authority or street authority for consent under paragraph (4). (7) Section 13 (refusal to give permission to the acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.
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