AEF produces extensive guide to understanding how the planning system can influence airport development
The AEF (Aviation Environment Federation) has published a guide explaining the role of the UK planning system in controlling development at airports and airfields, and how planning conditions have been used to limit the impact of operations. The guide, in plain English, outlines provisions and policies in the planning system that are relevant for airport development projects. The Town and Country Planning Act (TCPA) applies to smaller scale developments, whilst the Planning Act (2008) has introduced a new process applicable to larger infrastructure projects, like extending or adding runways. AEF says national policy imposes very few meaningful environmental limits on airport operations or expansion, and successive governments have been reluctant to intervene. That means it is largely up to local councils to negotiate controls or limits. An exception is that Heathrow, Stansted and Gatwick airports have been “designated” for noise regulation by the Government. Some of the issues covered are those relating to smaller airports; permitted development rights; “established use” rights; conditions and planning agreements; Section 106 Agreements; the stages of the planning application process; the Airports National Policy Statement; and the Development Consent Order process for the largest developments.
.
Tweet
AEF releases guidance on aviation planning
AEF has today published the next in a series of guides aimed at explaining how aviation’s environmental impacts are addressed and managed.
Understanding aviation-related planning explains the role of the UK planning system in controlling development at airports and airfields, and how planning conditions have been used to limit the impact of operations.
The guide goes on to outline the planning system, with a particular focus on aviation-specific provisions and policies. The Town and Country Planning Act (TCPA) applies to smaller scale developments, whilst the Planning Act (2008) has introduced a new process applicable to larger infrastructure projects, it explains.
https://www.aef.org.uk/2019/08/14/aef-releases-planning-guidance-for-aviation
Understanding aviation-related planning
Why is the planning system important for aviation?
National policy imposes very few meaningful environmental limits on airport operations or expansion, and successive governments have been reluctant to intervene. Consequently, it’s almost always at the local level, within the planning system, where the impacts of airport operations are consulted on with stakeholders, and where any controls or limits are negotiated.
There are exceptions, however. Since the 1980s, Heathrow, Stansted and Gatwick airports have been “designated” for noise regulation by the Government. This means that Government restrictions run alongside those laid down by local planning authorities through the planning process. The Department for Transport (DfT) periodically consults on its approach to noise controls at the designated airports, particularly in relation to night time aviation noise, which provides opportunities for members of the public to comment.
As the information and examples below will show, the planning system has always occupied an important place within the aviation industry. However, a 2018 statement made by the Civil Aviation Authority (CAA) during its Airspace Modernisation Strategy consultation reinforces the strategic importance of the planning system as the process for determining the appropriate scale of the industry’s impacts. Aviation growth, and its noise and other environmental impacts, the CAA said, should be managed not through the airspace change process, which it authorises, but through the planning system.
The CAA envisages, for example, that regional and local government policy and decision-makers can limit the number of new runways at an airport, or place restrictions on their use.
But, given the limited ability of the planning system to set appropriate controls in every situation, AEF argues that there is a case for the DfT and the CAA to retain the right to impose limits way of conditions on airspace use where this is the best or only means of providing environmental protection.
What is the planning system?
The planning system was put in place in the 1940s to facilitate a coordinated approach to land use in the UK. It introduced the requirement to obtain planning permissions from local authorities for building works, and for a change of land use.
With some exceptions (outlined below), the planning system controls what happens on the ground at airfields and airports. This includes, as examples, proposals to develop new hangars and terminals, extensions to existing runways, or the construction of new ones, such as the one currently planned for Heathrow Airport.
What is the relevant aviation-related planning legislation?
The planning system has evolved considerably since the first planning act in 1947, and is subject to several Acts of Parliament, and a very wide range of policies and guidance that are out of scope for this short guide. However, keep in mind that legislation, policy and guidance that applies to proposed developments will differ depending on the scale of the proposals put forward and their impacts.
In this way, the planning system falls into two main legislative strands: (1) The Town and Country Planning Act (1990), and (2) the Planning Act (2008). In the context of aviation, The Town and Country Planning Act (TCPA) applies to smaller development consents, which are dealt with locally. The 2008 Planning Act (PA) applies development proposals that are considered to be of national significance, and it is discussed separately below.
Whether the TCPA or the PA applies, you are also likely to come across references to the Localism Act (2011), which amended both.
The Climate Change Act (2008) is also very relevant, as all planning policy and considerations must take into account the legally binding targets to reduce greenhouse gas emissions laid out in Section 1 of the Act (recently amended to reduce all greenhouse gas emissions to net zero by 2050).
For a full list of planning-related legislation, click here.
The AEF document continues with a lot of excellent, important and useful detail on the planning process, and how it affects airport plans and developments.
Some of the issues covered are:
issues relating to smaller airports;
permitted development rights;
“established use” rights;
conditions and planning agreements;
Section 106 Agreements;
the stages of the planning application process;
the Airports National Policy Statement; and
the Development Consent Order process for the largest developments.
.
For the full details, see https://www.aef.org.uk/a-short-guide-to-aviation-related-planning-2/
.
.
.