Shepway District Council officers recommend refusal of aiport plans

1.7.2009

Shepway District Council     1.7.2009
 
Shepway District Council’s planning officers’ report recommends that planning
permission for both the runway extension and the new terminal be refused largely
as a result of the airport’s failure to demonstrate that the development will
not have an adverse impact on the protected habitats that surround the airport’s
runway – See summary below
 
This is an excellent result but the final decision rests with Shepway District
Councillors on September 23rd.
 
Louise Barton
Lydd Airport Action Group
The Hook
Madeira Road
Littlestone Kent
TN28 8QX
01797 361 548
www.lyddairportaction.co.uk
 
 
RECOMMENDATION

1. The Bureau Veritas Appropriate Assessment report in Appendix 7 be agreed and
adopted by the council, as the competent authority, concluding that the proposals
for a runway extension and new terminal and car park will have significant adverse
effects, including uncertainty about some of the effects, on the integrity of
the European sites having regard to the Wildlife and

Countryside Act 1981 (as amended) and Regulation 48 of the Conservation (Natural
Habitats and c) Regulations 1994.

2. That planning permission be refused for the runway extension (Y06/1648/SH)
and the new terminal and car park (Y06/1647/SH) on the following grounds:

a) The proposals will result in significant adverse effects on the integrity
of the Dungeness Special Area of Conservation (SAC) and Dungeness to Pett Level
Special Protection Area (SPA), including uncertainty about some of the effects.  
Consequently, the proposals are contrary to Shepway District Local Plan Review
policies CO8 and TR15, South East Plan policy NRM5 and PPS9.

b) The proposals will result in significant adverse effects on the Dungeness,
Romney Marsh and Rye Bay Site of Special Scientific Interest (SSSI) and Dungeness
National Nature Reserve, contrary to Shepway District Local Plan Review policy
CO9, South East Plan policy NRM5 and PPS9.

c) The applications have not considered sufficiently the effects upon the pRAMSAR
and pSPA. The council considers the proposals are likely to result in significant
adverse effects, which is a material planning consideration, being potentially
contrary to Shepway District Local Plan Review policy CO8, South East Plan policy
NRM5 and PPS9.

d) There will be adverse noise effects on the local community, especially near
the airport, and some of these are considered materially significant.   Whilst
the effects can be partially mitigated, not all of them can.   There will also
be some other limited adverse effects in the area, including the enjoyment of
the Romney Marsh and Dungeness area generally, and the Kent Downs AONB.   Consequently
the proposals are considered contrary to Shepway District Local Plan Review policy
SD1, particularly SD1 (k) and to a lesser extent (c) and (d).

e) Whilst the expansion and associated investment in the local economy is a welcome
prospect, the adverse effects on the SPA, SAC, SSSI, pSPA, pRAMSAR, local community
and other features mean that the planning applications should be refused.     Furthermore,
given there is no overriding strategic justification for the proposals the adverse
effects make them

unsustainable in the planning policy context, being contrary to Shepway District
Local Plan Review policy SD1 and South East Plan policy CC1.

3. In addition to the reasons above, planning permission for the new terminal
and car park (Y06/1647/SH) be refused for the following reason:

f) Upgrade works would be required to the junction formed by the B2075 (Romney
Road) and the A259 (Lydd Road), known as “Hammonds Corner’.   Natural England and
the council are of the opinion that protected species surveys should be undertaken
prior to any applications for the new terminal and car park being considered.    
A planning authority when making a planning decision should be in receipt of a
full set of information to enable it to reach a fully informed decision in accordance
with best practice and national policy (PPS9), taking account of Shepway District
Local Plan Review policies CO9 and CO11 and South East Plan policy

NRM5.

In coming to this decision, regard has been had to the following policies:

(Page 52)

Shepway District Local Plan Review – SD1, BE1, BE2, BE7, BE15, BE16, U1a, U2,
U4,

U6, U7, U8, U9, U10, U10a, U15, TR1, TR2, TR5, TR6, TR8, TR11, TR12, TR13, TR15,

CO1, CO3, CO4, CO5, Co8, CO9, CO10, CO11, CO12, CO13, CO14, CO15

The South East Plan – BE6, CC1, CC2, CC4, CC7, PPS9, SP2, T1, T2, T5, T4, T8,
T9,

T14, NRM1, NRM4, NRM5, NRM7, NRM9. NRM10, NRM11, NRM12, W2 and M1.