UK government risks infringing nuclear safety legislation over Lydd Airport
Lydd Airport submitted a planning application in December 2006 for a 444 metre extension to its runway and a new terminal to increase its passenger numbers from below 3,000 in 2005 to 500,000 passengers per annum. It ultimately wants the number to rise to 2 million per year. The planning application was taken to public inquiry in 2011, and since then, a decision has been awaited, from Eric Pickles, Minister at DCLG. However, the issue of the proximity of Lydd airport to the Dungeness nuclear power station has always been a serious problem. The Lydd Area Action Group (LAAG) has challenged the manner in which the nuclear issue has been handled by the Office for Nuclear Regulation (ONR). Now LAAG say that should the government approve the development of Lydd Airport without holding the ONR to account on a range of matters and satisfactorily answering the questions put to it by the European Commission, it ultimately faces the possibility of the case being referred to the European Court of Justice.
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UK government risks infringing nuclear safety legislation over Lydd Airport
March 25th, 2013 (LYDD AIRPORT ACTION GROUP press release)
The European Commission has written to the UK government regarding its concerns about nuclear safety as a result of Lydd Airport’s proposed expansion.
Lydd Airport is located less than 60 seconds flight time from the Dungeness nuclear power complex. The runway extension will transform this small local airport, which operates predominantly light aircraft, into a regional airport capable of supporting Boeing 737s and Airbus 320s – aircraft that the nuclear regulator, the Office for Nuclear Regulation (ONR) acknowledges have the potential to cause its highest category nuclear accident in the event of a crash.
Responding to a complaint from LAAG over the basis of the ONR’s decision not to oppose this development and its lack of engagement over this case, the European Commission – after examining the evidence – concluded there were sufficient concerns to write to the UK government over a potential infringement of the Nuclear Safety Directive.
The operator of Dungeness B (EDF/British Energy) objected to the development of Lydd Airport in 2007 on the basis that “The large scale increase in air traffic around the site is a risk that should be sensibly avoided in the local and wider public interest ..”.
The ONR on the other hand did not oppose the expansion, arguing that the probability of an aircraft accident at Dungeness resulting from the introduction of large commercial aircraft at Lydd Airport is so small it could be ignored. Evidence provided by a number of leading experts shows that the mathematical model on which the ONR based this regulatory decision is seriously flawed, yet the ONR continues to maintain its regulatory position.
Despite requests over a number of years, the ONR has refused to allow the basis of this decision to be subject to public scrutiny. It has consistently failed to answer specific questions about well substantiated concerns surrounding the efficacy of the model, plus errors in its application and in the advice given to government departments, mostly revealed through technical papers and email exchanges obtained via freedom of information requests.
Although it is the government’s responsibility to ensure the ONR operates in a transparent manner with regard to its regulatory decisions, it has failed to seek accountability from the ONR, despite the depth of evidence demonstrating that the basis of its regulatory decision is flawed.
Should the government approve the development of Lydd Airport without holding the ONR to account on these matters and satisfactorily answering the questions put to it by the European Commission, it ultimately faces the possibility of the case being referred to the European Court of Justice.
Lydd Airport Action Group
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- Lydd Airport’s planning application was submitted to Shepway District Council in December 2006 (Y06/1647/SH & Y06/1648/SH) for a 444m extension to its runway and a new terminal to increase its passenger numbers from < 3000 in 2005 to 500,000 passengers per annum (ppa).
- (Note in 2011 there were ~500 passengers). This planning application represents Phase1 of the airport’s Master Plan objective to increase passenger numbers to 2 million passengers per annum (2 mppa).
- Shepway District Council unlawfully determined in favour of the planning application on March 3rd 2010. The controversy surrounding this decision led to a public inquiry. The Public Inquiry took place between February 15th, 2011 and September 16th, 2011.
- During the 2011 public inquiry four experts gave evidence on behalf of LAAG on the possible causes and consequences of an aircraft accident at the Dungeness nuclear complex and the adequacy of the Byrne model used by the ONR to justify its regulatory decision not to oppose LyddAirport’s planning application. The experts concluded that this model was not fit for purpose and that it substantially underestimated the probability of an accident at Dungeness caused by the introduction of large commercial aircraft at LyddAirport.
- LAAG commissioned an additional critique of the Byrne model in early 2012 by a leading expert following the UK nuclear industry’s failure to address accidental crash damage as part of its European stress test (safety evaluation) exercise. This paper expanded on the evidence given to date and confirmed that the model was not fit for purpose (see details – LAAG press release April 25th, 2012).
General Background
- The runway extension at Lydd Airport will allow the commercial operation of large aircraft such as the Boeing 737 and Airbus 320 which weight over 70 tonnes fully loaded. Currently 99% of activity (movements) at Lydd Airport is dominated by light aircraft (aircraft weighing < 5.7tonnes).
- If LyddAirport’s development proceeds, no other regional airport in Europe, and possibly the world, will be as close to a nuclear power complex.
- Lydd Airport is located in a complex operating environment – it is situated less than 3 miles from the Dungeness nuclear complex and lies between two army ranges – Lydd Army Range – less than 2 miles away at the southern end of the runway and Hythe Army Range ~ 8 miles to the north. A major RSPB bird reserve is located between LyddAirport and the Dungeness nuclear power complex and the airport is located under one of the main migratory bird routes in the south of England.
- Lydd airport is located on the Dungeness Peninsular and is surrounded by natural habitats protected by European and national legislation. Dungeness is believed to be one of the most heavily protected areas in the UK – such is uniqueness of its flora and fauna.
- Lydd Airport was acquired by Sheikh Fahad al Athel in 2001.
- LAAG is an action group formed in 2004 to oppose the large scale development of Lydd airport. LAAG has ~3000 members.
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There is more information about Lydd airport at Lydd Airport (London Ashford)
and news at Lydd Airport News