The Gatwick Airport (Northern Runway Project) Development Consent Order 2025
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Change 1
54 Conservation and enhancement of protected landscapes
(1) The parties are to agree in writing the financial contribution to be made available by the undertaker for the benefit of the protected landscapes having regard to the amended duty under— (a) section 11A(1A) (duty of certain bodies in relation to the purposes for which National Parks are designated) of the National Parks and Access to the Countryside Act 1949; and (b) section 85(A1) (general duties of public bodies etc.) of the Countryside and Rights of Way Act 2000. (2) If agreement is not reached regarding the financial contribution referred to in paragraph (1), the parties are to agree that the matter is referred to an agreed independent assessor or arbitrator or, failing agreement, to be appointed on the application of any party (after giving notice to the other parties) by the Centre for Effective Dispute Resolution. (3) The parties are to agree a timetable with, and the provision of papers and documents to, the assessor. (4) The costs of the consideration of the financial contribution by the assessor are to be paid by the undertaker. (5) The reasonable costs of the conservation bodies incurred in connection with identifying the appropriate level of the financial contribution under this article are to be agreed by the parties and paid by the undertaker. (6) The assessor is to prepare a recommendation regarding the appropriate level of the financial contribution referred to in paragraph (1). (7) The recommendation is to be submitted to the Secretary of State by the undertaker together with any supporting papers and documents provided to the assessor. (8) In relation to the recommendation made by the assessor, the Secretary of State may— (a) approve the recommendation; (b) refuse the recommendation; or (c) modify the recommendation in such way as the Secretary of State considers fit. (9) Prior to the commencement of dual runway operations, the undertaker must pay the financial contribution agreed under paragraph (1) or determined under paragraph (8) to the South Downs National Park Authority for use by that authority and onward distribution to the other conservation bodies in such proportion as is agreed by the conservation bodies. (10) Each of the conservation bodies must allocate its portion of the financial contribution to projects— (a) that further the purposes of conserving or enhancing its protected landscape; and (b) in a manner consistent with the management plan in effect from time to time for that protected landscape. (11) Without prejudice to the generality of paragraph (10), projects may include— (a) the conservation of the Dark Skies Reserve through allocation towards light monitoring and reporting; (b) the annual Dark Skies Festival; (c) the creation of a Dark Skies Engagement Lead role; and (d) a tranquillity assessment and associated programme of advice, guidance and public engagement. (12) Article 52 (arbitration) will not apply to any difference or dispute under this article. (13) In this article— “the assessor” means— the agreed independent assessor or arbitrator; or the arbitrator appointed by the Centre for Effective Dispute Resolution; “the conservation bodies” means— the High Weald National Landscape Partnership; the Kent Downs National Landscape Partnership; the South Downs National Park Authority; and the Surrey Hills AONB Board; “the parties” means the undertaker, Natural England and the conservation bodies; and “the protected landscapes” means— the High Weald National Landscape; the Kent Downs National Landscape; the South Downs National Park; and the Surrey Hills National Landscape.
54 Conservation and enhancement of protected landscapes
(1) The parties are to agree in writing the financial contribution to be made available by the undertaker for the benefit of the protected landscapes having regard to the amended duty under— (a) section 11A(1A) (duty of certain bodies in relation to the purposes for which National Parks are designated) of the National Parks and Access to the Countryside Act 1949; and (b) section 85(A1) (general duties of public bodies etc.) of the Countryside and Rights of Way Act 2000. (2) If agreement is not reached regarding the financial contribution referred to in paragraph (1), the parties are to agree that the matter is referred to an agreed independent assessor or arbitrator or, failing agreement, to be appointed on the application of any party (after giving notice to the other parties) by the Centre for Effective Dispute Resolution. (3) The parties are to agree a timetable with, and the provision of papers and documents to, the assessor. (4) The costs of the consideration of the financial contribution by the assessor are to be paid by the undertaker. (5) The reasonable costs of the conservation bodies incurred in connection with identifying the appropriate level of the financial contribution under this article are to be agreed by the parties and paid by the undertaker. (6) The assessor is to prepare a recommendation regarding the appropriate level of the financial contribution referred to in paragraph (1). (7) The recommendation is to be submitted to the Secretary of State by the undertaker together with any supporting papers and documents provided to the assessor. (8) In relation to the recommendation made by the assessor, the Secretary of State may— (a) approve the recommendation; (b) refuse the recommendation; or (c) modify the recommendation in such way as the Secretary of State considers fit. (9) Prior to the commencement of dual runway operations, the undertaker must pay the financial contribution agreed under paragraph (1) or determined under paragraph (8) to the South Downs National Park Authority for use by that authority and onward distribution to the other conservation bodies in such proportion as is agreed by the conservation bodies. (10) Each of the conservation bodies must allocate its portion of the financial contribution to projects— (a) that further the purposes of conserving or enhancing its protected landscape; and (b) in a manner consistent with the management plan in effect from time to time for that protected landscape. (11) Without prejudice to the generality of paragraph (10), projects may include— (a) the conservation of the Dark Skies Reserve through allocation towards light monitoring and reporting; (b) the annual Dark Skies Festival; (c) the creation of a Dark Skies Engagement Lead role; and (d) a tranquillity assessment and associated programme of advice, guidance and public engagement. (12) Article 52 (arbitration) will not apply to any difference or dispute under this article. (13) In this article— “the assessor” means— the agreed independent assessor or arbitrator; or the arbitrator appointed by the Centre for Effective Dispute Resolution; “the conservation bodies” means— the High Weald National Landscape Partnership; the Kent Downs National Landscape Partnership; the South Downs National Park Authority; and the Surrey Hills AONB Board; “the parties” means the undertaker, Natural England and the conservation bodies; and “the protected landscapes” means— the High Weald National Landscape; the Kent Downs National Landscape; the South Downs National Park; and the Surrey Hills National Landscape.
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