The Manston Airport Development Consent (Amendment) Order 2025
The Manston Airport Development Consent (Amendment) Order 2025 amends the 2022 order to extend the time limit for compulsory land acquisition from one to five years.
This amendment, made under the Planning Act 2008, addresses potential delays in the airport development project.
The order was signed by Kayla Marks, Head of the Transport and Works Act Orders Unit at the Department for Transport, on May 19, 2025 and comes into effect May 20, 2025.
Arguments For
Enabling timely project completion: Extending the timeframe allows for potential delays in land acquisition without jeopardizing the project. This ensures the project stays on track and avoids unnecessary costs associated with rushed acquisition.
Facilitating smoother land acquisition: A longer timeframe allows for more thorough negotiations with landowners, decreasing the likelihood of disputes and legal challenges. This leads to a more efficient and cost-effective process.
Addressing unforeseen circumstances: Unexpected issues, such as legal challenges or complex property rights, can arise. An extended timeframe builds in flexibility to handle these without halting the entire project.
Legal precedent under the Planning Act 2008: The amendment is made under the powers granted by paragraph 2 of Schedule 6 of the Planning Act 2008, providing a legal basis for the change.
Arguments Against
Potential for increased costs: Extending the time frame might lead to increased costs associated with prolonged negotiations, interest payments, and potential inflation during that period.
Uncertainty for landowners: A longer period of uncertainty could impact landowners' ability to plan their use of the land and their financial decisions.
Potential for abuse: The longer timeframe could theoretically be used to allow for speculation on land prices or create delays to benefit certain parties involved in the project.
Alternative solutions not considered: The amendment focuses on solely extending the timeframe, without exploring alternative solutions to address delays in land acquisition, such as improved negotiation strategies or alternative land acquisition methods.
- Citation and commencement This Order may be cited as the Manston Airport Development Consent (Amendment) Order 2025 and comes into force on 20th May 2025.
This section establishes the order's official title as the Manston Airport Development Consent (Amendment) Order 2025.
It also sets its effective date as May 20, 2025.
- Amendment of the Manston Airport Development Consent Order 2022 (1) The Manston Airport Development Consent Order 2022 is amended as follows. (2) In article 21(3) (time limit for exercise of authority to acquire land compulsory), for “one calendar year” substitute “five calendar years”.
This section details the specific amendment to the Manston Airport Development Consent Order 2022.
Specifically, it changes the time limit in article 21(3), which governs compulsory land acquisition, from one calendar year to five calendar years.
Signed by authority of the Secretary of State for Transport Kayla Marks Head of the Transport and Works Act Orders Unit Department for Transport 19th May 2025
This section provides the signature and authentication of the Order.
Kayla Marks, Head of the Transport and Works Act Orders Unit at the Department for Transport, signed the order on May 19, 2025.
EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Manston Airport Development Consent Order 2022, a development consent order under the Planning Act 2008 (“the Act”). This Order follows an application under paragraph 2 of Schedule 6 to the Act for a non-material change to amend the time limit for exercising the authority to acquire land compulsorily and to gain temporary possession from one to five years.
The explanatory note clarifies that the Order modifies the 2022 Manston Airport Development Consent Order, which falls under the Planning Act 2008.
The change extends the timeframe for compulsory land acquisition and temporary possession from one to five years, as per an application made under the Act.