Committee: Stansted Airport Advisory Panel Agenda Item

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1 Committee: Stansted Airport Advisory Panel Agenda Item Date: 9 June 2014 Title: Luton Airport expansion 5 Author: Jeremy Pine, Planning Policy / Development Management Liaison Officer ( ) Item for information Summary 1. This report informs the Panel about the recent application for planning permission for expansion at Luton Airport. Recommendations 2. That the Panel notes the contents of this report. Financial Implications 3. There are no financial implications associated with this report. Background Papers 4.. Impact 5. Communication/Consultation Community Safety Equalities Health and Safety Human Rights/Legal Implications Sustainability Ward-specific impacts Workforce/Workplace The planning application was subject to the usual statutory requirements for publicity which were undertaken by Luton Borough Council as the local planning authority Officer time in preparing this report

2 Situation 6. Luton Airport occupies about 245ha, just over 25% of the area of Stansted Airport. It has a single runway with an east west orientation that is 2,160m long, compared to Stansted s at 3,048m. All the ancillary development lies to the north of the runway, abutting the south eastern part of the town. 7. According to the Airport s 2012 monitoring report, passenger throughput was 9.63mppa, with 74,976 Passenger Air Transport Movements (PATMs). Stansted s figures for this period were 17.45mppa and 121,128 PATMs. Luton s principal operators are EasyJet, Wizz Air, Ryanair, Monarch and Thomson flying Airbus A , A319, A320, A321, Boeing , and MD-83 aircraft. 8. In 2012, Luton handled 1,945 Cargo ATMs compared to Stansted s 10, In 2012, the busiest time of the day for annual average hourly movements was 07:00-09:00, with smaller peaks at 13:00-15:00 and 18:00-19:00. Procedural issues 10. In 2012 the airport operator, London Luton Airport Operations Ltd (LLOAL) submitted an application for planning permission to Luton Borough Council (LBC) for infrastructure works within the airport boundary to increase passenger throughput. On 20 th December 2013, the Council s Development Control Committee resolved to grant planning permission subject to conditions and a S106 agreement provided that the Secretary of State did not call the planning application in for his own determination. Previously, the Secretary of State had issued a holding direction on 18 th November. 11. On 30 th April, the Department for Communities and Local Government responded to LBC on behalf of the Secretary of State withdrawing the holding direction. The letter said: The Secretary of State has carefully considered this case against call-in policy as set out in the Written Ministerial Statement by Nick Boles on 26 October The policy makes it clear that the power to call in a case will only be used very selectively. The Government is committed to give more power to councils and communities to make their own decisions on planning issues, and believes planning decisions should be made at the local level. In deciding whether to call in this application, the Secretary of State has considered his policy on calling in planning applications. This policy gives examples of the types of issues which may lead him to conclude, in his opinion that the application should be called in. The Secretary of State has decided, having regard to this policy, not to call in this application. He is content that it should be determined by the local planning authority.

3 12. The Secretary of State based his view principally on the definition of a nationally significant infrastructure project (NSIP) contained in the Planning Act NSIPs are submitted to and determined by the Secretary of State. For existing airports, expansion proposals do not constitute an NSIP unless passenger throughput would increase by at least 10mppa, which would not be the case here. The current capacity of the airport is between 10-12mppa, and consultants acting for LBC concluded that the development would increase this to somewhere between 18-20mppa by LBC is proposing a planning condition capping throughput at 18mppa, the level assessed in the environmental statement (ES). The decision not to call in the planning application is therefore unsurprising and is consistent with the view taken on Stansted expansion to 25mppa and to 35mppa, although the latter did end up at inquiry following refusal of planning permission. 13. In comparison to the DfT s and the Airports Commission s constrained demand forecasts, 18mppa by is slightly above the DfT s central forecast (16.7mppa in 2030) and matches the Commission s forecast (18mppa in 2030). The proposals 14. Within the existing airport boundary, the proposals are as follows: i) road widening and future safeguarding, ii) improvements to the public transport hub south of the terminal, iii) construction of a multi-storey car park and pedestrian link to the western side of the existing short stay car park, iv) extensions to both the mid and long stay car parks, v) terminal improvements including an infill extension, vi) construction of a new pier to the south east of the terminal, vii) taxiway works, including extensions to the existing parallel taxiway, and viii) rationalisation of aircraft parking areas. 15. The planning application is a hybrid one, with full details submitted for all the development except for the new multi-storey car park and link, the details of which are reserved for subsequent approval. The ES looked at potential impacts under a number of headings, namely: Environmental issues and methodology Air quality and climate Cultural heritage Ecology and nature conservation Community and economic Ground conditions Landscape and visual impact Noise and vibration Traffic and transport Water environment In its scoping opinion, LBC raised the issues of climate change, third party risk

4 and throughput. The ES made an assessment of the development against a no development base case and also looked at the cumulative impact with other local developments, namely an employment area to the north east of the Airport, M1 J10a improvements to the south west and the proposed Sundon Rail Freight Interchange six miles to the north west. Determination of the application 16. The Development Control Committee s resolution to grant planning permission is subject to thirty planning conditions and a S106 agreement comprising eleven Heads of Terms. Perhaps of most interest to the Panel will be the planning conditions relating to air and ground noise and the Heads of Terms of the agreement. The detailed wording of the noise-related conditions and the draft Heads are included in an appendix to this report. The condition wording and the draft Heads have been taken from the published minutes of the Committee meeting. The other conditions relate to implementation, reserved matters, phasing, landscaping, design, environment, operational controls, drainage, transport and renewable energy. 17. There is far more detail included in the LBC officers report than can be included in a summary report of this nature, but the following comments can be made on the noise conditions, with reference where appropriate to the situation at Stansted: Condition 11 i) A quota count regime to control night noise would be introduced similar to the one operated by the DfT at Heathrow, Gatwick and Stansted. The Panel will recall that last year it commented on the Stage 2 consultation for the new regime for Stansted, which is essentially a rolling forward of the existing regime for three years pending completion of the Airports Commission s work and its consideration by a future Government. The Luton regime would exclude QC2 or noisier aircraft during the night period (23:00-07:00) six months after development is commenced, with the eventual exclusion of QC1 as well, which would equate to 4% of existing night movements. This is a step further that the Stansted scheme, which contains a scheduling ban on QC4 aircraft during the night quota period (23:30-06:00) and an operational ban on QC8/16 aircraft during the night period (23:00-07:00). The 15-25mppa S106 agreement signed in 2003 reinforced the Stansted scheme as it existed at that time, as well as including further measures. Existing controls on night noise at Luton consist of a noise contour and fines for exceeding noise violation limits. ii) The limits on movements and quota points at Luton during the night quota period would be tighter than at Stansted where the proposed limits in the rolled forward regime are 12,000 movements and 7,960 QC points when the winter and summer period are aggregated. A future reduction in QC points (by 2028 in the Luton case) is not something that is currently being offered by

5 the DfT for Stansted, although the Council pressed for it in its consultation response. iii) According to Luton s 2012 annual monitoring report, only about 1.1% of all daytime departures exceeded 79dB(A) as recorded at the fixed noise monitoring terminals. A reduction in the maximum noise violation limit of the noisiest aircraft to 80dB(A) by 2020 should therefore be achievable. Condition 12 A direct comparison between Stansted and Luton is not possible because different contour models are being used. Stansted does have a planning condition (Condition AN1 of the Stansted Generation 1 planning permission) limiting the forecast extent of the 57dB(A) Leq16hr daytime contour. The condition requires that the forecast contour is reported annually to the Council, and Luton is proposing a similar arrangement. Luton is also proposing restrictions via a 48dB(A) Leq8hr night-time contour. At Stansted, the proposed rolled forward DfT regime sets out a number of environmental objectives to limit night noise, one of which is based on the night quota period contours. The DfT has committed in the Aviation Policy Framework to produce Leq8hr night-time contours for Heathrow, Gatwick and Stansted. Condition 13 Stansted has four fixed noise monitors at both ends of the runway, and has established measures as set out in its Noise Action Plan These include fining aircraft for exceeding daytime and night-time departure noise limits and for flying outside noise preferential routes. Condition 14 These restrictions are similar to ones that have been promoted at Stansted via planning conditions and obligations over the years. Back in 1985, the Secretaries of State imposed a condition on the 15mppa planning permission limiting the use of auxiliary power units, ground power units and air start machines and requiring the installation of fixed electrical power. Risk Analysis 18. Risk Likelihood Impact Mitigating actions 1 = Little or no risk or impact 2 = Some risk or impact action may be necessary. 3 = Significant risk or impact action required 4 = Near certainty of risk occurring, catastrophic effect or failure of project.

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