SI 2026/328 - The London Luton Airport Expansion Development Consent (Correction) Order 2026

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

STATUTORY INSTRUMENTS 2026 No. 328 INFRASTRUCTURE PLANNING The London Luton Airport Expansion Development Consent (Correction) Order 2026 Made - - - - 20th March 2026 Coming into force - - 21st March 2026 The London Luton Airport Expansion Development Consent Order 2025(1) (“the 2025 Order”) which granted development consent within the meaning of the Planning Act 2008(2) (“the Act”), contained correctable errors within the meaning of paragraph 1(3) of Schedule 4 to the Act.

In accordance with paragraph 1(5)(a) of Schedule 4 to the Act, before the end of the relevant period as defined in paragraph 1(6)(a) of Schedule 4 to the Act, the Secretary of State received a written request from the applicant(3) for the correction of errors or omissions in the 2025 Order.

In accordance with paragraph 1(7) of Schedule 4 to the Act, the Secretary of State informed the relevant local planning authority for the area in which the land to which the 2025 Order relates is situated, that the requests had been received.

The Secretary of State, in exercise of the powers conferred by section 119 of, and paragraph 1(4) and (8) of Schedule 4 to, the Act, makes the following Order.

Citation and commencement

1. This Order may be cited as the London Luton Airport Expansion Development Consent

(Correction) Order 2026 and comes into force on 21st March 2026.

Corrections to the London Luton Airport Expansion Development Consent Order 2025

2. The London Luton Airport Expansion Development Consent Order is corrected as set out in the table in the Schedule to this Order, where—

(a) column 1 sets out where the correction is to be made;

(b) column 2 sets out how the correction is to be made; and

(c) column 3 sets out the text to be substituted, inserted or omitted.

(1) S.I. 2025/463.

(2) 2008 c. 29. Paragraph 1 of Schedule 4 was amended by paragraph 70 of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011 (c. 20). There are other amendments to paragraph 1 of Schedule 4 that are not relevant to this Order.

(3) The term “applicant” is defined in paragraph 4 of Schedule 4 to the Planning Act 2008.Document Generated: 2026-03-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Signed by authority of the Secretary of State for Transport Natasha Kopala Head of the Transport and Works Act Orders Unit 20th March 2026 Department for Transport 2Document Generated: 2026-03-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

SCHEDULE Article 2 CORRECTABLE ERRORS

(1) (2) (3) Where the How the correction is to Text to be substituted, inserted or omitted correction is to be be made made Article 2 After “interpretation” “)”

(interpretation), insert definition of “bridleway” Article 2(10) For “report” substitute “reported” Article 13(2) For “stoppclosed” “stopped” (temporary stopping substitute up and restriction of use of streets) Article 21(1)(b) For “ground water” “groundwater” (authority to survey substitute and investigate the land) Article 33(10) After “section 125(c)” “of the 2008 Act” (temporary use of delete land for carrying out the authorised development) Article 50(3) For “GCG Framework” “green controlled growth framework” (certification of substitute documents, etc.) Article 50(3)(a) For “consistent” substitute “consistently” Article 50(3)(b) For “paragragh” substitute “paragraph” Schedule 1 For “Off-site” substitute “Offsite” (authorised development), Work No. 5(e) Schedule 2 After “should not give rise “any new or”

(requirements), Part to” omit 1, paragraph 1, definition of “substantially in accordance with” Schedule 2, Part 1, After “sewage undertakers “t” paragraph 2(2) and in relation to” omit Schedule 2, Part 1, After “of this Schedule” “, subject to paragraph 2(1)(g)” paragraph 6(3)(c) omit 3Document Generated: 2026-03-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(1) (2) (3) Where the How the correction is to Text to be substituted, inserted or omitted correction is to be be made made Schedule 2, Part 2, For sub-paragraphs (1) “(1) Prior to commencement of paragraph 14 and (2) substitute construction, the undertaker is required to carry out an assessment of the latest version of the Flood and Coastal Erosion Risk Data published by the Environment Agency to determine whether it changes the level of risk assessed within the flood risk assessment (Environmental Statement Appendix 20.1, as listed in Schedule 9 to, and certified under article 50 of, this Order).

(2) The undertaker must consult with the Environment Agency and the lead local flood authority on whether an updated flood risk assessment is required as a result of the assessment carried out under sub- paragraph (1).

(3) If any material change in risk is identified as a result of the process undertaken under sub-paragraphs (1) and (2), then the undertaker must prepare an updated flood risk assessment, which must be submitted to and approved in writing by Luton Borough Council, following consultation with the Environment Agency and the lead local flood authority.

(4) The undertaker is required to carry out the authorised development in accordance with any updated flood risk assessment produced by the undertaker as a result of the process under sub-paragraphs (1) to (3).” Schedule 2, Part 2, For “ground water” “groundwater” paragraph 18(5) substitute Schedule 2, Part In sub-paragraph (b), “paragraph 21(10)” 3, paragraph 19, for “paragraph 21(9)” definition of “terms substitute of reference” Schedule 2, Part 3, After “(“ESG”)” omit “as soon as reasonably practicable following paragraph 21(1) service of the notice under article 44(1) (interaction with LLAOL planning permission) and in any event” Schedule 2, Part 3, For “(or a substitute “(or an agreed substitute)” paragraph 21(5) agreed)” substitute Schedule 2, Part 3, For “sub-paragraph (7)” “sub-paragraph (8)” paragraph 21(9) substitute 4Document Generated: 2026-03-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(1) (2) (3) Where the How the correction is to Text to be substituted, inserted or omitted correction is to be be made made Schedule 2, Part 3, For sub-paragraph (2) “(2) The undertaker must prepare and paragraph 22(2) substitute submit to the ESG—

(a) the first Monitoring Report—

(i)on the date notice is served under article 44(1) (interaction with LLAOL planning permission); and

(ii)no later than 31 July in the calendar year in which that notice is served; and

(b) all subsequent Monitoring Reports on or before 31 July annually thereafter.” Schedule 2, Part 3, For “sub-paragraph (1)” “sub-paragraph (2)” paragraph 22(6) substitute Schedule 2, Part 3, For “paragraph 21(6)(a), “paragraph 21(7)(a), (b), (c) or (d)” paragraph 24(2) (b), (c) or (d)” substitute Schedule 2, Part 3, For “sub-paragraph (2)” “sub-paragraph (3)” paragraph 24(9) substitute Schedule 2, Part 3, For “artricle” substitute “article” paragraph 24(10) Schedule 2, Part 3, For “sub-paragraph (5) “sub-paragraph (5)” paragraph 24(10)(b) (b)” substitute Schedule 2, Part 3, For “paragraph 24” “paragraph 25” paragraph 24(11) substitute Schedule 2, Part 3, For “paragraph 21(6)(a), “paragraph 21(7)(a), (b), (c) or (d)” paragraph 24(11) (b), (c) or (d)” substitute Schedule 2, Part 3, For “paragraph 26(10)” “paragraph 25(10)” paragraph 24(11) substitute Schedule 2, Part 3, For “lodge an appeal under “resolve the disagreement under article 52 paragraph 25(7)(a) paragraph 40 (appeals to (arbitration)” the Secretary of State)” substitute Schedule 2, Part 3, For “paragraph 21” “paragraph 22” paragraph 25(15) substitute Schedule 2, Part 3, After “has been “and except where sub-paragraph (3) applies,” paragraph 25(15) exceeded,” insert Schedule 2, Part 3, For “by the Secretary of “by resolution under article 52 (arbitration)” paragraph 25(16) State under paragraph 40 5Document Generated: 2026-03-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(1) (2) (3) Where the How the correction is to Text to be substituted, inserted or omitted correction is to be be made made (appeals to the Secretary of State)” substitute Schedule 2, Part 4, After “may operate” insert “the airport” paragraph 27 Schedule 2, Part 4, After “under this Order” “the airport” paragraph 27 omit Schedule 2, Part 4, After “must not operate” “the airport” paragraph 28(1) insert Schedule 2, Part 4, After “under this Order” “the airport” paragraph 28(1) omit Schedule 2, Part 4, After “23:30-06:00” insert “local time” paragraph 28(1) Schedule 2, Part 4, After “12 month period,” “in accordance with the air noise management paragraph 28(1) insert plan,” Schedule 2, Part 4, For “air traffic “air traffic movements” paragraph 29(1) movement”, in both place where it occurs, substitute Schedule 2, Part 4, After “06:00-07:00” insert “local time” paragraph 29(1) Schedule 2, Part 4, For “airport” substitute “aircraft” paragraph 29(2) Schedule 2, Part 4, After “non-scheduled “, excluding exempt flights” paragraph 29(2) service” insert Schedule 2, Part For “2039–2033” “2029–2033” 4, paragraph 33(1), substitute Table 1, heading of column (3) Schedule 2, Part 4, For “GCG framework” “green controlled growth framework” paragraph 33(2) substitute Schedule 2, Part 4, After “2008 Act” insert “— paragraph 33(3)

(a)” Schedule 2, Part 4, For “reasonably “reasonable” paragraph 33(3) reasonably” substitute Schedule 2, Part 4, After “serious damage to “; or paragraph 33(3) property” insert

(b) if the exceedance results from circumstances which the ESG has certified are beyond the undertaker’s control.” 6Document Generated: 2026-03-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(1) (2) (3) Where the How the correction is to Text to be substituted, inserted or omitted correction is to be be made made Schedule 2, Part 4, After sub-paragraph (3) “(4) The undertaker may make a written paragraph 33 insert request to the Secretary of State to change the contour limits, following consultation on such changes with Luton Borough Council and where appointed, the ESG. The Secretary of State may approve changes to contour limits where the undertaker has demonstrated that such changes would not result in materially new or materially different noise effects than those assessed in the environmental statement.” Schedule 2, Part 3, After “satisfactory level” “or it is satisfied that the undertaker has taken paragraph 34(4) insert all reasonable and practicable steps to insulate all eligible properties” Schedule 2, Part 4, For “environment” “environmental” paragraph 34(5) substitute Schedule 2, Part 4, For “Off-site Highway “Offsite Highway Works, Work Nos.” paragraph 36(1) Works No.” substitute Schedule 2, Part 4, For “submitted to” “submitted for approval” paragraph 36(2) substitute Schedule 2, Part 4, Omit sub-paragraphs (1), “Not used” paragraph 42 (2), (3) and (4) and substitute Schedule 5 (land Omit the entire row in which only new rights etc. may be acquired), Land Plans – Sheet 6 of 10, in the third row containing “6-04” in column (1) and “The rights and restrictive covenants to construct, operate, access, protect, and maintain a habitat mitigation area.” in column (2) Schedule 7 (land For “A505 Gispsy Lane” “A505 Gipsy Lane” of which temporary substitute possession may be taken), first row, column (2) 7Document Generated: 2026-03-21

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(1) (2) (3) Where the How the correction is to Text to be substituted, inserted or omitted correction is to be be made made Schedule 8 For “subparagraph” “sub-paragraph” (protective substitute provisions), Part 1, paragraph 10(2) Schedule 8, Part 5, For “subparagraph” “sub-paragraph” paragraph 37(1) substitute EXPLANATORY NOTE (This note is not part of the Order) This Order corrects errors and omissions in the London Luton Airport Expansion Development Consent (Correction) Order 2025 (S.I. 2025/463), a development consent order under the Planning Act 2008, following a request made under paragraph 1(5(a) of Schedule 4 to that Act.

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