DCO Requirements

 

What follows is an extract from the following DCO granted (for the second time, the 1^st being quashed in February 2022 by the High Court as deemed no NEED for the development) on the 18^th of August 2022.

Despite the 1^st 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 1^st 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

 Community consultative committee

“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.

 This is the conclusions of OVE ARUP the independent Aviation Experts paid for (£150K) out of taxpayers money. Money wasted as their conclusions were ignored