The Gatwick Airport (Northern Runway Project) Development Consent Order 2025
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Change 1
39 Special category land
(1) On the exercise by the undertaker of the Order rights, the special category land identified in Part 1 (special category land to be permanently acquired) of Schedule 10 (special category land) is not to vest in the undertaker until the undertaker has acquired the land identified in Part 2 (land to be laid out as replacement open space) of Schedule 10 (to the extent not already in its ownership) and an open space delivery plan has been submitted to and approved in writing by CBC (in consultation with RBBC and MVDC). (2) The open space delivery plan submitted under paragraph (1) must include a timetable for— (a) the submission of a landscape and ecology management plan pursuant to requirement 8 (landscape and ecology management plan) for each part of the land to be laid out as replacement open space; and (b) the laying out of each part of that replacement open space. (3) On the requirements of paragraph (1) being satisfied, the special category land identified in Part 1 of Schedule 10 is to vest in the undertaker (or any specified person) and be discharged from all rights, trusts and incidents to which it was previously subject. (4) The undertaker must implement the open space delivery plan approved by CBC under paragraph (1). (5) Provision must be made in the relevant landscape and ecology management plan (or otherwise) for the undertaker to be responsible for the cost of, and associated with, the ongoing maintenance in perpetuity of the land to be laid out as replacement open space shown on the special category land plans with plot number 1/013 and comprising Work No. 40(c) (replacement open space on land to the north east of Longbridge Roundabout), subject to any subsequent agreement pursuant to requirement 8(4) (landscape and ecology management plan) of Schedule 2 (requirements). (6) In this article— “Order rights” means rights and powers exercisable over the special category land by the undertaker under article 27 (compulsory acquisition of land) and article 28 (compulsory acquisition of rights and imposition of restrictive covenants); and “specified person” means a person other than the undertaker for whose benefit the special category land is being acquired.
39 Special category land
(1) On the exercise by the undertaker of the Order rights, the special category land identified in Part 1 (special category land to be permanently acquired) of Schedule 10 (special category land) is not to vest in the undertaker until the undertaker has acquired the land identified in Part 2 (land to be laid out as replacement open space) of Schedule 10 (to the extent not already in its ownership) and an open space delivery plan has been submitted to and approved in writing by CBC (in consultation with RBBC and MVDC). (2) The open space delivery plan submitted under paragraph (1) must include a timetable for— (a) the submission of a landscape and ecology management plan pursuant to requirement 8 (landscape and ecology management plan) for each part of the land to be laid out as replacement open space; and (b) the laying out of each part of that replacement open space. (3) On the requirements of paragraph (1) being satisfied, the special category land identified in Part 1 of Schedule 10 is to vest in the undertaker (or any specified person) and be discharged from all rights, trusts and incidents to which it was previously subject. (4) The undertaker must implement the open space delivery plan approved by CBC under paragraph (1). (5) Provision must be made in the relevant landscape and ecology management plan (or otherwise) for the undertaker to be responsible for the cost of, and associated with, the ongoing maintenance in perpetuity of the land to be laid out as replacement open space shown on the special category land plans with plot number 1/013 and comprising Work No. 40(c) (replacement open space on land to the north east of Longbridge Roundabout), subject to any subsequent agreement pursuant to requirement 8(4) (landscape and ecology management plan) of Schedule 2 (requirements). (6) In this article— “Order rights” means rights and powers exercisable over the special category land by the undertaker under article 27 (compulsory acquisition of land) and article 28 (compulsory acquisition of rights and imposition of restrictive covenants); and “specified person” means a person other than the undertaker for whose benefit the special category land is being acquired.
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