Decision letter: Applications under section 59 of the Airports Act 1986

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FORMAL DECISIONS

ACQUISITION OF LAND ACT 1981
CIVIL AVIATION ACT 1982
AIRPORTS ACT 1986


1. The Secretary of State hereby confirms, subject to the modifications indicated, the following Order made by Heathrow Airport Limited under the Acquisition of Land Act 1981, as applied by section 59(1) of the Airports Act 1986:-

The Heathrow Airport Terminal 5 Compulsory Purchase (No.1) Order 1995, modified so as to exclude the following plots, described in the Schedule to the Order, which are no longer required:- Plots 1, 3, 8, part of 14, part of 16, part of 19-22, 23, 30, 133, 162-165, part of 191, part of 193, 206-209, 215, part of 216, and 217-226.

The order relates to some 275 hectares of land situated in the London Boroughs of Hillingdon and Hounslow which Heathrow Airport Limited proposes should be used for the construction and operation of Terminal 5 and related works.

2. The Secretary of State hereby confirms without modification the following Order made by Heathrow Airport Limited under the Acquisition of Land Act 1981, as applied by section 59(1) of the Airports Act 1986:-

The Heathrow Airport Terminal 5 Compulsory Purchase (No. 2) Order 1996.

The order relates to some 4.69 hectares of land situated in the London Borough of Hillingdon which Heathrow Airport Limited proposes should be used for the construction and operation of a new aviation fuel farm and related works.

3. The Secretary of State hereby authorises the making of the following Orders under section 44(1) of the Civil Aviation Act 1982, as applied by section 59(3) of the Airports Act 1986

The Heathrow Airport Terminal 5 (Rights over Land) (No.1) Order 2001

This Order was the subject of the February 1998 application and provides for the creation of new rights over 3.24 hectares of land in the London Boroughs of Hillingdon and Hounslow in relation to the construction and operation of Terminal 5; and

The Heathrow Airport Terminal 5 (Rights over Land) (No.2) Order 2001

This Order was the subject of the April 1998 application and provides for the creation of new rights over 3.92 hectares of land in the London Borough of Hillingdon in relation to the construction and use of a haul route in connection with the construction of Terminal 5.

4. Copies of the two confirmed compulsory purchase orders and of the two orders which the Secretary of State has made under section 44 of the Civil Aviation Act 1982 and of the maps referred to in them are sent with the copy of this letter to those entitled to receive them under rule 18 of the Compulsory Purchase by Non-Ministerial Acquiring Authorities (Inquiries Procedure) Rules 1990 (SI 1990/512).

Right of challenge

5. Under the provisions of Section 23 of the 1981 Act, a person who is aggrieved by a compulsory purchase order may seek to have it quashed by an application made to the High Court.

6. The grounds upon which such an application may be made to the Court are :

  • that there is not the power to make the order or to confirm it under the legislation;

or

  • that a requirement of the legislation mentioned in section 23(3) of the 1981 Act has not been complied with in relation to the order.

7. A person who thinks he may have grounds for challenging the decision is recommended to seek legal advice before taking any action. It is important to note however, that any application to challenge such a decision must be made to the High Court within six weeks of the date when notice of the confirmation of the order is first published in accordance with the 1981 Act.

8. Under the provisions of paragraph 7 of Schedule 7 to the 1982 Act, a person who is aggrieved by an order under section 44 of the 1982 Act may seek to have it quashed by an application made to the High Court.

9. The grounds upon which such an application may be made to the Court are :

  • that the Secretary of State does not have the power to make the order;

or

  • that a requirement of the 1982 Act has not been complied with in relation to the order.

10. A person who thinks he may have grounds for challenging the decision is recommended to seek legal advice before taking any action. It is important to note however, that any application to challenge such a decision must be made to the High Court within six weeks of the date when the notice that the order has been made is first published in accordance with the 1982 Act.

Notices after confirmation

11. Heathrow Airport Limited is still required, under section 15 of the Acquisition of Land Act 1981, to serve notice of the decision and a copy of the order as confirmed on all persons on whom statutory notices were served notifying them of the submission of the compulsory purchase orders; and, under paragraph 5 of Schedule 7 to the Civil Aviation Act 1982, to serve notice of the decision on all persons who objected to the section 44 Orders, and have not withdrawn their objections.

Right to inspect documents

12. Any person who wishes to inspect the orders may do so on application to:

T5 Office
8th Floor
Riverwalk House
Millbank
LONDON SW1P 4RR

quoting the title of the relevant order and stating the date and time (within normal office hours) when it is proposed to make the inspection. At least three days' notice should be given, if possible.

13. With effect from the expiry of the challenge period, as defined in paragraph 7 above in respect of the compulsory purchase orders and paragraph 10 above in respect of the section 44 Orders, the orders will no longer be available at the above address, but may be inspected at:

Department for Transport, Local Government and the Regions
Library and Information Centre
Ashdown House
123 Victoria Street
LONDON SW1E 6DE.

Any person wishing to inspect the orders at this address should telephone 020 7944 6039 to make an appointment.

14. Under the provisions of rule 18(3) of the Compulsory Purchase by Non-Ministerial Acquiring Authorities (Inquiries Procedure) Rules 1990 (S.I. 1990/512), any person who has received a copy of the Inspector's report may apply to the Secretary of State for Transport, Local Government and the Regions in writing within six weeks of the date on which notice of confirmation of the relevant Order is first published to inspect any documents, photographs or plans appended to the Inspector's report. Any such application should be sent to the T5 Office at the above address quoting the title of the relevant Order and stating the date and time (within normal office hours) when it is proposed to make the inspection. At least three days' notice should be given, if possible.