Luton Airport planning application recommended for consent by Luton Borough Council for 21st November meeting

Luton Borough Council’s Development Control Committee will be discussing the application for expansion at Luton airport, at a special meeting on 21st November. The officer recommendation is that they approve the application, with various conditions. One of the conditions is that: “At no time shall the passenger throughput of the airport exceed 18 million passengers per annum unless express consent is obtained from the Local Planning Authority.” It also says: “Before any part of the development hereby permitted is commenced, a day to day noise control scheme shall be submitted to the Local Planning Authority which sets out the proposals for ensuring that individual aircraft noise impact from the Airport’s operation is reduced as far as is practicable in the light of development to facilitate 18 mppa.” ie. a degree of wishful thinking on noise controls. Local campaigners are arguing that the expansion is likely to increase the annual number of passengers by over 10 million. That would mean the application should be a Nationally Significant Infrastructure Project, which the Planning Act 2008 requires to be decided by the Planning Inspectorate, not the local council.
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LONDON LUTON AIRPORT, AIRPORT WAY. PROPOSED ALTERATIONS TO AIRPORT WAY/AIRPORT APPROACH ROAD, INFILL EXTENSIONS AND ALTERATIONS TO  TERMINAL BUILDINGS, EXTENSIONS TO EXISTING MID AND LONG TERM CAR PARKS, NEW TAXIWAY (FOXTROT), EXTENSIONS TO THE EXISTING TAXIWAY (ALPHA) AND AIRCRAFT PARKING APRONS (INCLUDING 6 NEW STANDS) AND A NEW MULTI-STOREY CAR PARK LINKED TO TERMINAL BUILDING.
APPLICANT: ( LONDON LUTON AIRPORT OPERATIONS LIMITED)
(APPLICATION NO: 12/01400/FUL)

 

Luton Borough Council (LBC) have declared that they are putting the planning application in front of a special meeting of their development committee on 21st. November.  The local CPRE group will be hoping to speak at the meeting, to put forward their objections.

They say that just as in the case of the previous application to expand the airport in 1999, the current application understates the potential for passenger throughput growth. This point was made in responses to the planning application.  The point was also confirmed by the Borough’s own consultants’ reports.  Luton Borough Council’s own independent consultants’ reports show that the achievable increase in passenger throughput could exceed 10 million passengers a year and on that basis it is a Nationally Significant Infrastructure Project (NSIP)  The Planning Act 2008 requires that LBC should require the applicant to send it  directly to the Planning Inspectorate.  There is the possibility of a legal challenge, if LBC do not treat the application as a NSIP.

There is also concern by local opponents of the proposed expansion that a

ny “conditions” related to limiting passenger throughput which LBC might be minded to attach to any consent have no relevance to the added capacity issue: to do so would be the direct equivalent of approving a planning application for a 10-bedroom mansion if the applicant accepted a condition only to use 3 of the bedrooms – which is undoubtedly the reason for the Planning Act’s silence on the subject of “conditions”.

It is also relatively easy for such conditions to be overturned.  Not only does the second of the LBC’s independent consultant reports state that applying a passenger throughput limit cannot be effectively operated, but the airport’s own Development Brief makes it clear that it is not practical to set limits to passenger throughput.
 
The proposed expansion also appears to be contrary to Government policy as stated in the Aviation Framework Policy statement: “it is Government policy to limit and where possible to reduce the number of people affected by aircraft noise”.   A further independent consultant report commissioned by LBC shows that even if the optimistically estimated extent of aircraft fleet modernisation (something entirely outside the airport operator’s competence) were to occur,  more persons would be affected by aircraft noise, even using the Government’s somewhat arcane and unrepresentative measure.
 
 

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The meeting documents for the Luton Development Control Committee meeting on 21st November, relating to the airport are at

Meeting Documents

 


 

The Development Control Committee is recommended to grant planning permission  subject to a list of conditions. These can be seen in full at pdf 6 – London Luton Airport application (325Kb)

 

The conditions relating to noise are copied below;

Noise

13. Before the development hereby permitted is commenced details shall be submitted to and approved by the Local Planning Authority of a management scheme to restrict the level of noise generation arising from the night-time use of aircraft auxiliary power units on the proposed aircraft stands.

Reason: To safeguard the amenities of neighbouring residential occupiers. To accord with the objectives of Policy LP1 and LLA1 of the Luton Local Plan and the National Planning Policy Framework.

14. Before any part of the development hereby permitted is commenced an annual noise control scheme shall be submitted to and approved by the Local Planning Authority which identifies measures intended to ensure that the area of the noise contours at any time between now and 2028 and beyond exceed for daytime noise 19.5 km2 for the area exposed to 57dB LAeq, 16hr and above and for night-time noise 40.4 km2 for the area exposed to 48dB LAeq, 8hr and above. The submitted proposals shall include, but not shall be confined to, the following:- (i) Annually submitted daily movement register
information, (ii) Leq noise contours for the preceding and current calendar year and forthcoming calendar year for both the daytime (0700 – 2300 hours) and night-time (2300 – 0700 hours) periods, (iii) Arrangements for the verification of the submitted information.

Reason: To safeguard residential amenity. To accord with the objectives of Policy LP1 and LLA1 of the Luton Local Plan and the National Planning Policy Framework.

15. Within five years of the commencement of development LLAOL will submit its strategy to Luton Borough Council identifying how it will seek continuing improvements in respect of fleet modernisation and will use reasonable endeavours to reduce the area of the noise contours by 2028 for daytime noise to 15.2km2 for the area exposed to 57dB LAeq, 16hr and above and for night-time noise to 31.6 km2 for the area exposed to 48dB LAeq, 8hr and above.

Reason: To safeguard residential amenity. To accord with the objectives of Policy LP1 and LLA1 of the Luton Local Plan and the National Planning Policy Framework.

16. Before any part of the development hereby permitted is commenced, a day to day noise control scheme shall be submitted to the Local Planning Authority which sets out the proposals for ensuring that individual aircraft noise impact from the Airport’s operation is reduced as far as is practicable in the light of development to facilitate 18 mppa. The submitted proposals shall include, but shall be confined to, the following:- (i) Fixed point noise monitoring arrangements and a system of financial incentives to promote quietest operations. This shall include penalties for those creating greater noise than
specified on the Section 106 Agreement at the agreed monitoring locations, and credits for those flying quietly. (ii) Daytime (0700 – 2300 hours) noise monitoring reporting procedure. (iii) Fixed point monitoring target noise levels for assessing individual aircraft noise. (iv) Night-time (2300 – 0700 hours) noise monitoring report procedure (v) Arrangements for the
verification and periodic review of the submitted information.

Reason: To safeguard residential amenity. To accord with the objectives of Policy LP1 and LLA1 of the Luton Local Plan and the National Planning Policy Framework.

17. Within six months of either the commencement of development or approval of the QC system as agreed by LBC, LLAOL will not permit movements at night (23.00 to 07.00) by any aircraft with a QC value of more than 2.

 To safeguard residential amenity. To accord with the objectives of Policy LP1 and LLA1 of the Luton Local Plan and the National Planning Policy Framework.

18. Within two years of the commencement of development or approval of the QC system as agreed by LBC, whichever is the later, LLAOL will submit a scheme for encouraging the phasing out of night time (23.00 to 07.00) operations by aircraft with a QC value of greater than 1 on either departure or arrival.
To safeguard residential amenity To accord with the objectives of Policy LP1 and LLA1 of the Luton Local Plan and the National Planning Policy Framework.

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 Earlier:

Planning application “is an NSIP”

Posted on 

The work being proposed at Luton Airport is focused primarily on removing the bottlenecks which affect throughput of passengers and planes at peak times. By dualling the access roads and increasing the security check lanes, passengers can arrive and be processed more quickly. By extending the taxiways and adding more piers, planes can be filled up can get into position for takeoff more quickly. And by adding more customs and baggage reclaim facilities, arriving passengers can be moved more rapidly through the terminal.

All of these measures, coupled with the expected trend to larger planes, will mean that the passenger capacity of the airport will increase significantly. By definition, any planning application which increases the capacity of an airport by more than 10 million passengers per annum constitutes a Nationally Significant Infrastructure Project, and must be referred to the Secretary State for determination.

In Luton’s case, a detailed throughput report was produced last year by consultants Leigh Fisher, and based on these figures and on the proposed works, it’s not difficult to show that the removal of the bottlenecks would increase capacity by more than 10 million passengers per year, in which case the planning application should not have been submitted to Luton Borough Council but to the Planning Inspectorate overseen by Eric Pickles.

The work to modify the M1 J10a roundabout counts as a Nationally Significant Project on environmental grounds. In its planning application Luton Airport admits it is part of the national infrastructure (Planning Supporting Statement para 4.44 “The airport has grown significantly since 1998 … and forms a critical part of national transport infrastructure.”) Local MPs including Peter Lilley and Stephen McPartland confirm that they have formally written to the Secretary of State asking for this application to be called in. So why doesn’t Eric Pickles call it in? Is he in thrall to the aviation lobby?

12.1.2013

http://www.hale.uk.net/planning-application-is-an-nsip/

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Luton airport planning application submitted – to demands that it should be called in

January 9, 2013

Luton airport submitted its planning application for expansion up to 18 million passengers, to its local authority, Luton Borough Council. However, Luton Borough Council is also the owner of the airport, and so local people have asked that the application should be called in. The application does not include a runway extension, but does include changes to taxiways, access roads, parking aprons, car parks and changes and extensions to terminal buildings. The work proposed is focused primarily on removing the bottlenecks which affect throughput of passengers and planes at peak times. By dualling the access roads and increasing the security check lanes, passengers can arrive and be processed more quickly. By extending the taxiways and adding more piers, planes can be filled up can get into position for takeoff more quickly. And by adding more customs and baggage reclaim facilities, arriving passengers can be moved more rapidly through the terminal. There are 250 documents in the application, making it difficult for local people to assess. The consultation period ended on 15th March.   There is local concern about the amount of extra aircraft noise there will be, if Luton is allowed such significant expansion. There are also serious concerns about road congestion – currently about 80% of the airport’s passengers travel to it by road.

Click here to view full story…

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Luton airport planning application would increase night flights (11pm to 7am) by 50%

January 29, 2013

Local campaign group HALE (Hertfordshire Against Luton Expansion) says that Luton Airport’s expansion plans are based on projections to increase flights at night by 50%. This is based on information in the airport’s planning application which shows that the number of take-offs and landings between 11pm and 7am is projected to rise to 52 by 2028, compared to 34 in 2011. HALE points out that this is just the average figure – during the summer peak there could be as many as 80 flights each night. There is a public consultation on the application until 18th February. HALE urged people to respond to the planning application demanding that Luton Borough Council forces its Airport to reduce, not increase, night flights; to monitor and fine night arrivals as well as night departures; and to install a noise monitor on the approach to runway 08 for the purpose.

Click here to view full story…

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Information on airport NSIPs, from 2009, from lawyers Bircham Dyson Bell:

Planning Act 2008 – focus on airports

This is entry number 47, first published on 29 October 2009, of a blog on the implementation of the Planning Act 2008.

Today’s entry considers the Planning Act regime as it applies to airport infrastructure.

Airport infrastructure is one of the 16 types of nationally significant infrastructure project (NSIP), the first 12 of which will use a new authorisation regime under the Planning Act 2008 from 1 March 2010. Today’s entry looks at this area in more detail, and highlights some issues that apply to it in particular.

The first point to note is that the threshold for an airport project to be considered nationally significant is very high – possibly the highest in the Act. For an expansion of an airport to be an NSIP, it must be in England or English waters and be expected to increase capacity at the airport by at least 10 million passengers per year, or 10,000 air cargo movements per year.

This is unlikely to happen very often – indeed only five UK airports currently handle more than 10 million passengers a year, never mind being planned to expand by that amount – Heathrow, Gatwick, Stansted, Manchester and Luton, with Birmingham not far behind. East Midlands Airport is the only other airport that currently exceeds the cargo threshold. A new airport would have to be capable of handling at least 10m passengers or 10,000 cargo movements per year from the word go for it to be an NSIP. Such a new airport may be unlikely but not impossible: ‘Boris Island’ in the Thames Estuary, for example – is that why the Act mentions ‘English waters’?

The second point to note is that the increase in capacity need not come about through physical development – it could simply be the lifting of a planning restriction as to capacity. This happened at Stansted recently, where the cap on passengers of 25m per year was raised to 35m per year, without building a thing. Had that happened after 28 February 2010, it would (just, by one passenger) have been an NSIP and would have had to use the new regime for approval. If there is physical development, however, it could be one of several things – a runway, a terminal building or a new control tower, for example.

Thirdly, airport infrastructure will be unique amongst the types of NSIP because of the gap between the regime becoming compulsory for applications, and the publication of the corresponding National Policy Statement (NPS) that is supposed to be used to decide applications. All the other types of NSIP will see their corresponding NPS published at around the same time as the application regime starts. For airports, however, applications become compulsory on 1 March 2010, whereas the publication in draft of the Airports NPS is expected ‘by 2011’, which probably means ‘by the end of 2011’. Thus there will probably be about a two year gap during which time any airport NSIP applications will have to be measured against existing aviation policy, and decided by the Secretary of State instead of the Infrastructure Planning Commission (IPC).

Two pieces of recent news may affect the timing of the first airport NSIP. The announcement nearly two weeks ago that BAA will not apply for a third runway at Heathrow (R3) this side of a general election, and the prospect of the anti-R3 Tories winning the election, suggests that an airports NSIP for Heathrow is unlikely any time soon. On the other hand the announcement of the sale of Gatwick Airport may mean an application for a second runway there that is timed to coincide with the expiry of a prohibition on constructing one before 2019.

Those are the three special features of airports as they apply to the Planning Act 2008. If you are interested to know more about this subject, I will be addressing Marketforce’s ‘The Future of Air Transport’ conference on 2 December, but of course you can always get in touch in the meantime.

29 October 2009

Angus Walker