What follows is an extract from the following DCO granted
(for the second time, the 1st
being quashed in February 2022 by the High Court as deemed no NEED for the
development) on the 18th of August 2022.
Despite the 1st order being quashed and the
Independent Aviation Experts opinion that there is no NEED it seems the Tory
Government has been determined to ramrod this planning permission through.
Notwithstanding that objectors to the development still have
6 weeks to appeal it seems the Transport Secretary has failed to deal with the
question of NEED as he did when he granted the DCO the 1st time
around
INFRASTRUCTURE PLANNING
The
Manston Airport Development Consent Order 2022
Made - - - - 18th August 2022
Coming into force - - 8th September 2022
Time limits
The authorised development must commence no later than the
expiration of five years beginning
with the date that this Order comes into force
Development
masterplans
3.—(1) No part of the
authorised development is to be commenced until there has been submitted to
and approved by the relevant planning authority in consultation with Kent
County Council and Historic England—
(a) Where the authorised development is to be constructed in
a single part, a masterplan in respect of the entire authorised development; or
(b) Where the authorised development is to be constructed in
two or more parts, a masterplan for the relevant part of the authorised
development.
Before a masterplan is submitted under sub-paragraph (1) the
undertaker must—
(a) Commission further assessment of the historic character
of the airfield, historic buildings survey, and archaeological investigation,
and assess the heritage significance of heritage assets and their settings;
(b) Consider that the conservation of heritage assets of
national importance and their settings should be given great weight, and
conflict between their conservation and the proposal avoided or minimise and
(c) Consult the relevant planning authority, Kent County
Council and Historic England before submitting the masterplan for approval and
report on the consultees’ recommendations in the submission.
“Relevant planning authority” means in any given provision
of this Order, the planning authority for the area to which the provision
relates; in this case Thanet District Council
4.—(1) No part of the
authorised development is to commence until details of the siting, design,
external appearance, lighting, site access (including emergency access) and
dimensions of any element of Work Nos. 1, 2, 3, 4, 12, 13, 14, 15, 16, 17, 18
or 20 contained in that part, which must accord with sub-paragraphs (2) and
(3), have been submitted to and approved by the relevant planning authority in
consultation with Kent County Council where relevant to its functions.
“Relevant planning authority” means in any given provision
of this Order, the planning authority for the area to which the provision
relates; in this case Thanet District Council
Construction
environmental management plan
6.—(1) No part of the
authorised development is to commence until a construction environmental
management plan for that part, which must be substantially in accordance with
the outline construction environmental management plan, has been submitted to,
and approved in writing by, the relevant planning authority, following
consultation with the relevant highway authority, the Environment Agency,
Southern Water, Historic England, the Civil Aviation Authority and Natural
England to the extent that it relates to matters relevant to their function.
“Relevant planning authority” means in any given provision
of this Order, the planning authority for the area to which the provision
relates; in this case Thanet District Council
Operation
environmental management plan
7.—(1) No part of the
authorised development is to begin operation until an operation
environmental management plan for that part has been submitted to, and approved
in writing by, the relevant planning authority, following consultation with the
relevant highway authority, the Environment Agency, Southern Water, Historic
England, the Civil Aviation Authority and Natural England to the extent that it
relates to matters relevant to their function
Ecological
mitigation
8.—(1) No part of the
authorised development may be commenced until written details of the proposed
on-site and off-site ecological mitigation for that part, the timetable for its
implementation, its monitoring and management have been submitted to and
approved by the local planning authority, in consultation with Natural England
“Relevant planning authority” means in any given provision
of this Order, the planning authority for the area to which the provision
relates; in this case Thanet District Council
Noise mitigation
9.—(1) the undertaker must fully implement the noise mitigation plan.
(2) The authorised development must be operated in
accordance with the noise mitigation plan.
(3) No part of the
authorised development is to commence until the measures set out in sections
2, 3, 4, 5 and 9 of the noise mitigation plan have been implemented.
Landscaping
10.—(1) No part of
the authorised development is to commence, nor may powers under article 34
(felling or lopping of trees and removal of hedgerows) be exercised, until a
landscaping scheme for that part, which sets out details of all proposed hard
and soft landscaping works, has been submitted to and approved in writing by
the local planning authority
“Relevant planning
authority” means in any given provision of this Order, the planning authority
for the area to which the provision relates; In this case Thanet District
Council
Protected species
12.—(1) No part of
the authorised development is to commence until for that part final
pre-construction survey work has been carried out to establish whether European
or nationally protected species are present on any of the land affected or
likely to be affected by any part of the relevant works, or in any of the trees
and shrubs to be lopped or felled as part of the relevant works.
Surface and foul
water drainage
13.—(1) No part of
the authorised development is to commence until for that part written
details of the surface and foul water drainage plan, containing all relevant
mitigation measures set out in the register of environmental actions and
commitments including means of pollution control and monitoring and drainage
operation, have been submitted to and approved in writing by the relevant
planning authority following consultation with the Environment Agency, Kent
County Council, Natural England and Southern Water on matters related to their
function
“Relevant planning authority” means in any given provision
of this Order, the planning authority for the area to which the provision
relates; in this case Thanet District Council
Traffic management
14.—(1) No part of
the authorised development is to commence until a construction traffic
management plan for that part has been submitted to and approved in writing by
the relevant planning authority, following consultation with the Royal Mail
“Relevant highway authority” means, in any given provision
of this Order, the highway authority for the area to which the provision
relates; in this case Kent County Council Highways
Piling and other
intrusive works
15.—(1) No operations
consisting of piling or other intrusive works (including drilling) are to
commence until a risk assessment and a method statement have been submitted
to and approved in writing by the relevant planning authority following
consultation with the Environment Agency and Southern Water.
“Relevant planning authority” means in any given provision
of this Order, the planning authority for the area to which the provision
relates; in this case Thanet District Council
Archaeological
remains
16.—(1) No part of
the authorised development is to commence until for that part a written
scheme for the investigation of areas of archaeological interest, containing
all relevant mitigation measures set out in the register of environmental
actions and commitments, has been submitted to and approved in writing by the
relevant planning authority, following consultation with Historic England and
Kent County Council on matters related to their function
“Relevant planning authority” means in any given provision of
this Order, the planning authority for the area to which the provision relates;
in this case Thanet District Council
“Consultative committee guidance” means the Guidelines for
Airport Consultative Committees published by the Department for Transport in
April 2014
18.—(1) No part of
the authorised development is to commence until the undertaker has
established a community consultative committee pursuant to section 35(a)
(facilities for consultation at certain aerodromes) of the 1982 Act.
Education, employment
and skills plan
20.—(1) No part of
the authorised development is to commence until an employment and skills
plan has been submitted to, and approved in writing by, the relevant planning
authority, following consultation with the relevant local education authority
to the extent that it relates to matters relevant to their function
In this case Kent County Council Education Authority
Monitoring
23. No part of the
authorised development is to begin operation until a monitoring, auditing
and reporting plan for the register of environmental actions and commitments
has been submitted to, and approved in writing by, the relevant planning
authority, following consultation with the highway authority, the Environment
Agency, Historic England, the Civil Aviation Authority and Natural England to
the extent that it relates to matters relevant to their function.
High Resolution
Direction Finder
24.—(1) No part of
the authorised development must commence unless and until a detailed
mitigation scheme to provide an alternate High Resolution Direction Finder,
prepared by the undertaker and agreed in writing by the Ministry of Defence,
has been submitted to the relevant planning authority. The detailed mitigation scheme must include siting location(s) for the
alternate High Resolution Direction Finder, full specification for the
equipment and infrastructure proposed, details of a programme, to test the new
equipment as installed against the Ministry of Defence requirements for
acceptance into service and the technical performance data necessary to
establish safeguarding criteria to protect its subsequent operation.
(2) No part of the
authorised development is permitted to be constructed within the zone protected
by the Ministry of Defence (Manston) Technical Site Direction 2017 while the
safeguarding direction is in force without the consent of the Secretary of
State for Defence.
(3) No part of the
authorised development must commence unless and until a programme for the
decommissioning and removal of the existing High Resolution Direction Finder,
prepared by the undertaker and submitted to and agreed in writing by the
Ministry of Defence, has been submitted to the relevant planning authority. The
decommissioning and removal of the existing High Resolution Direction Finder
equipment must be carried out strictly in accordance with the details approved.
Editor’s Note
Despite an examination, which started in January 2019, and
more than 3 years of evidence submitted by the MoD no resolution to the HRDF
situation can be agreed by RSP and the MoD. Much of the situation has been
exacerbated simply because RSP have failed to fully understand the MoD’s
position. Clearly the Transport Secretary does as he points out in his letter.
Whether RSP take it seriously enough we will have to wait and see.
169. The Secretary of
State notes the discussion during the examination regarding the High Resolution
Direction Finder (“HRDF”- a navigational
aid to aircraft operating in the area and critical to maintaining the UK
emergency response capabilities for the management of air safety incidents)
and that the Applicant and MoD remained some
way apart from agreement at the end of the examination [ER 6.9.129]. The
Ministry of Defence (“MoD”) objected to the Development as it considered that
it would have a significant and
detrimental impact on the capability of safeguarded technical equipment located
within the boundaries of the Development [ER 6.9.130]. The Secretary of
State notes that in its response dated 31 January 2020 to his consultation
letter of 17 January 2020 the MoD
maintained its objection to the relocation of the HRDF and confirmed no
resolution on this matter appeared imminent. In response to the
redetermination process, the MoD confirm
in its letter dated 9 July 2021 that it maintained its objection to the
Development and that the matter or relocation of the HRDF remained outstanding.
170. The Secretary of
State has given careful consideration to this issue. He notes the proposals
from the MOD in their letter dated 31 January 2020 and agrees to MOD’s proposed
amendment to requirement 24(1) but disagrees with the amendments proposed for
24(3). Notwithstanding this requirement, the
Secretary of State also accepts that there is still no guarantee that the HRDF
can be moved at this time, but would encourage the Applicant and the MOD to
continue to engage in constructive dialogue to seek a workable solution to
resolve this issue. The Secretary of State’s consideration of the compulsory
acquisition of the HRDF land is set out below.
The Secretary of State
also considers requirement 24 in the DCO should also ensure that the operation
of the existing HRDF cannot be interfered with by the construction of the
authorised development until such time as an alternative solution is agreed by
the MOD and the existing safeguarding direction is withdrawn.
