planning report PDU/1962/03

23 July 2008 City Airport in the planning application no. 07/01510/VAR

Consultation Town & Country Planning Act 1990 (as amended).

The proposal Application under Section 73 of the Town and Country Planning Act 1990 to vary conditions 13 and 15 of the outline planning permission no. N/82/104 dated 23 May 1985, as previously varied by the Secretary of State on the 26 September 1991 and by Newham Council on 21 July 1998 and 11 July 2007, to allow up to 120,000 aircraft movements per annum with related modifications to other limits including noise factored movements. The applicant is Limited.

The applicant The applicant is London City Airport Limited.

Strategic issues The key strategic issues considered in this report include: the impact the expansion of the airport would have on the development capacity of the area, noise, blue ribbon objectives, air quality, climate change and transportation.

Recommendation That the Mayor decides whether he wishes to maintain opposition to the expansion of City Airport as sought by the current planning application with Newham Council; or whether in light of the additional material set out in this report, he wishes to withdraw the extant objection and outstanding Mayoral request for the Secretary of State to call in the application and convene a public inquiry to consider the proposals, thereby allowing Newham Council to determine the application without further planning intervention by the Mayor.

Context

1 On the 24 August 2007 Newham Council consulted the Mayor on the above proposal, and on 8 January 2008 informed the GLA that it had received additional information on the application as a result of a Regulation 19 request for further environmental material. On the 30 January 2008 the Council advised the GLA that it intended to report the application to its 12 March 2008 Development Control Committee. On 7 March 2008 Newham Council advised that further additional material had been requested, and as a result the application would be likely to be determined in April or May 2008.

page 1 2 The application is not referable under the terms of the Orders 2000 or 2008; and as such the Mayor is only a consultee and has no powers to direct refusal or take over the application to determine it himself. As it is not a referred application and the previous Mayor had earlier expressed general opposition to any further airport expansion in London, the Mayor’s formal assessment and response was provided by the Head of the Greater London Authority’s Planning Decisions Unit. On 8 April 2008 he considered a report on the proposals (see Appendix 1 - PDU Report 1471a), and concluded that:

• The applicants be asked to withdraw its proposals until there was a much clearer picture of what level of additional airport expansion (if any) might be sustainable across London and the South-East, and where any such growth might be best accommodated.

• The full environmental and economic impacts of any such growth should be better articulated and examined as part of this process.

• Should London City Airport not agree to defer their proposals until such assessments have been carried out, that he strongly recommended that the application be refused by Newham Council on the grounds of environmental and climate change impact, and the lack of clarity about noise impact on adjoining and nearby residential areas.

• That should Newham Council not agree to refuse the application, that the Secretary of State should call in the application and convene a planning inquiry where such matters of clear strategic concern could be properly and fully explored.

3 This decision was forwarded to Newham Council on 8 April 2008 and is attached to this report as Appendix 2. On the same date a further letter was sent to the Government Office for London (GOL) requesting that it:

• Issue an immediate Direction to Newham Council under Article 14 of the Town and Country (General Development Procedure) Order 1995 to prohibit it granting planning permission pending the Secretary of State's decision on whether to call in the application.

• Invite the Secretary of State to call in the application and convene a public inquiry, where the matters of clear strategic concern can be properly and fully explored, should Newham Council decide that it wished to grant permission.

4 This letter is attached to this report as Appendix 3 and was acknowledged by GOL on 9 April 2008, when the Head of the Planning Decisions Unit was advised that GOL anticipated receiving a copy of Newham Council’s intended decision in advance of its planning meeting, and would consider the Mayor’s request for a call in at that time. This letter is attached as Appendix 4 of this report.

5 In the event Newham Council did not consider the application at that time, and the applicants submitted further information to Newham Council on 11 April 2008. Newham Council is still considering this additional information and have no published timetable to determine the application, but advised informally that the application may be determined later this month (July 2008).

6 This report sets out the extent to which the additional material addresses the previous Mayor’s views on the proposals as set out in his delegated decision of 8 April 2008. The new Mayor’s decision will be provided by his Deputy Mayor (Government Relations), whose comments will be made available on the GLA website www.london.gov.uk.

page 2 Background

7 London City Airport is located in the , between King George V Dock to the south and Royal Albert Dock to the north. The airport is approximately 3.2 km east of Canary Wharf, and some 800m south-east of the Excel Exhibition and Conference Centre.

8 The application site is 48.5 hectares and currently comprises a single runway, an 'apron' area (where aircraft park to embark and disembark passengers), a main passenger terminal, a “Jet Centre”, (for corporate aviation), and various operational buildings. The runway is largely surrounded by the water of the Royal Albert Dock and the King George V Dock. See Figure 1.0 below.

9 Since 2005 the airport has been served by the (DLR), which provides direct access to the airport's main passenger terminal.

Figure 1.0 – London City Airport existing site plan

10 City Airport was originally approved by the Secretary of State in 1985 and the permission limited the airport to a maximum of 30,160 air transport movements (ATM) a year.1 There was though (and still is), no limit on the number of general aviation movements,2 notably corporate jets using the airport’s Jet Centre. The airport has been the subject of a number of subsequent approvals and amendments, and of substantive significance to this report, is a permission granted in 1998 that established a limit or cap of 73,000 scheduled ATM’s a year. This cap was maintained, but adjusted to allow a different weekly operating pattern by a consent granted by Newham Council on 11 June 2007. As stated above, there is currently no limit on the overall number of general aviation movements, and the current application seeks to unify the two regimes and raise total authorised movements to 120,000 a year. This compares with approximately 80,000 total movements in 2006, and 91,000 total movements in 2007.

11 The passenger terminal building provides check-in and baggage facilities, ticket desks, security, a departure lounge, immigration and customs, shops, a business centre and catering outlets. The first floor departure lounge was reconfigured and expanded in 1997, and in 2001 the terminal building was extended westwards to provide additional accommodation and facilities.

1 Air Transport Movements are scheduled flights by commercial airlines or freight carriers, (though the latter generally don’t operate from City Airport). 2 General Aviation Movements are none scheduled corporate flights, typically by companies and individuals for private or business purposes.

page 3 12 The airport currently has fourteen aircraft stands, ten of which are served by a dedicated pier, with buses serving the remaining four. In 2001, London City Airport was granted planning permission by Newham Council to build a holding point and five additional stands that are currently under construction.

13 As set out in the 8 April report (See Appendix 1), the increase currently sought by City Airport is presented as an initial phase of growth, but which is stated as requiring no new built infrastructure beyond that already in place or approved. Any further growth or physical works would require planning permission, but as with this application would be unlikely to be referable to the Mayor under current regulations. Previous Mayoral decision

14 As set out above, a delegated decision on the current application was provided by the Head of the GLA’s Planning Decisions Unit on 8 April 2008 which raised concerns about a number of matters, and specifically recommended to Newham Council that the application be refused on the grounds of environmental and climate change impact, and the lack of clarity about noise impact on adjoining and nearby residential areas. New material

15 On the 11 April 2008 London City Airport submitted additional material to Newham Council in respect of public safety zones, noise and waste. This material is summarised below.

Public safety zones (PSZs)

16 PSZs are areas at either end of an airport’s runway where the risk of an aircraft accident is the highest. Criteria were revised by the Government in 2002, and they are now generally triangular. Within PSZs there should be no material increase in the number of people living, working or congregating, which in effect means that no new housing or permanent employment or relevant leisure uses should be permitted.

17 Any increase in the number of flights using a runway would generally lead to an increase in the size of its PSZ - as risk would increase proportionally. This would be the case with City Airport and maps have now been submitted by the applicant showing the extent of the existing and potential zones.3 This identifies 22 sites within the new PSZ that would be likely to be affected should the City Airport be expanded as envisaged, and is attached as Appendix 5.

18 Of these sites, twelve are roads, protected open land or open water, where new development would be generally precluded by planning controls. One is a site with an existing use, which the Regulations presume can and will continue. Three are sites with unimplemented planning permissions, which notwithstanding increased risks, would not be constrained by a larger PSZ. However, the remaining six sites are identified as being either partially or substantially within the new PSZs that would be likely to be affected should the airport be expanded as sought.

3 Actual PSZ boundaries are normally determined at a later stage.

page 4 19 These sites are Albert Island, Royal Albert Basin, the Landmark site, Dock Road Industrial Estate, a number of Olympic relocation sites adjacent to Thames Wharf, and Thames Wharf itself, (see Appendix 5). The LDA has significant landownership interests in these sites and is discussing the legal and financial aspects of this situation with City Airport directly. In practical terms though, the development potential of these sites would be significantly constrained should the airport expansion proceed, as new commercial or residential uses would not be permitted on large parts of the sites under current Regulations. It should though be noted that some of these sites are also within the Crossing safeguarding and hence are already constrained pending decisions on the proposed crossing.

20 The material submitted by the applicant also seeks to asses the economic impact of this situation, and concludes that there would be a net benefit as result of the potential airport expansion, when the additional jobs the airport might generate are weighed against the potential job losses resulting from an enlarged PSZ. The material also presents opinion that there would be no impact on house prices as a result of being within a PSZ, and that mortgage and insurance providers do not levy additional charges for properties within a PSZ, though this conclusion is based on very modest evidence.

Noise Issues

21 The new material submitted by the applicant includes sensitivity modelling with different aircraft mixes, and looks at ways to improve the airport’s sound insulation scheme to provide greater noise protection. The applicant also presents information on the potential noise impact of its proposals on a number of sites around the airport, and at the six opportunity areas identified in the North East London Sub Regional Development Framework.4

22 This concludes that:

• Areas falling within Noise Exposure Category D, (where aircraft noise is greater than 72 dB LAeq, 16 hour, and where planning permission for housing should normally be refused), would be confined to the airport itself and the surrounding docks.

• Only a limited number of sites within the Royal Docks Opportunity Area would fall within NEC C (66-72 dB LAeq, 16 hour),5 and that in such areas, PPG24 states that planning permission for new housing can be granted if appropriately mitigated, (typically by use of noise insulation).

23 The applicant therefore contend that whilst their proposed expansion would increase noise levels in some existing and potential residential areas, any such increases would not conflict with relevant Government criteria, and therefore the expansion sought should be permitted.

24 This broad position is accepted by GLA officers in respect of existing residential uses, (with the qualification that the Government’s Air Transport White Paper of December 2003 effectively reduced the boundary between NEC C and D to 69 rather than 72dB). However, it is understood that Newham Council is negotiating to avoid an increase in flights in the sensitive 0630 to 0700 hour period, and is also looking at other ways to mitigate local noise impact.

4 , City Fringe, Lower Lea Valley, Royal Dock, London Riverside and Ilford. 5 These being parts of Silvertown Quays, the Royals Business Park and the Royal Albert Basin (mainly Albert Island).

page 5 25 The applicant’s Environmental Statement does not refer to the statement in PPG24 that

60db LAeq should be regarded as a desirable upper limit for major new noise sensitive development. Hence the proposed expansion, and any further expansions to meet City Airport’s longer term masterplan ambitions, would have implications for future noise sensitive development in the area, (notably for housing and schools), which if acceptable in principle would need to be designed as far as possible to take account of aircraft noise. It should also be noted that sound insulation can only address internal noise impact, and external areas such as gardens, balconies, playgrounds and other open areas would still be subject to noise impact.

26 However, after assessment of the new material submitted by the applicant, GLA officers have concluded that that the outstanding noise issues primarily raise issues of local concern, and hence can reasonably be assessed and resolved at a borough level by the relevant local planning authorities, rather than at a strategic or Londonwide level.

Waste

27 Newham Council also requested information from the applicant on how the airport could reduce waste production and increase recycling. The new material sets out a number of existing and proposed waste management initiatives, including preventing and reducing waste at source, and reuse, recycle, and disposal measures. These are welcomed, and if implemented, would ensure the airport better met London Plan waste objectives. Transport

28 Detailed information on the transport implications of the proposals are set out in the 8 April report. Since then a number of discussions have taken place with which advises as follows:

• TfL officers advised Newham Council that the transport assessment prepared for the application was conservative in its estimate of the impact the proposals would have on DLR services to and from the airport, and hence the level of contribution that the airport could reasonably be expected make towards the procurement of additional rail cars to enhance service capacity. Subsequent discussions have been held between the three parties and an enhanced financial offer has been made by London City Airport. Discussions on payment conditions are continuing.

• DLR officers have liaised with the LDA and Department for Transport regarding the impact changes to City Airport's public safety zones may have on DLR building a new station at Thames Wharf.

• TfL remains concerned that any extension of the PSZ by the Civil Aviation Authority (CAA) into the safeguarded corridor for the Bridge in the borough of Greenwich may prejudice the proposals for the grant of any planning permission for the bridge. TfL therefore submitted a formal objection to the application to Newham Council on 12 May 2008. While various discussions have since taken place to try resolve this issue, TfL is not yet in a position to withdraw its objection as there is not currently a sufficient guarantee that the proposed extension of the PSZ will not negatively impact on the implementation of the bridge.

• TfL has received £50,000 from London City Airport to extend the Gallions Roundabout VISSIM model towards the airport. This modelling work has commenced, although as a result there is not an agreed assessment of the proposal’s impact on the Strategic Road Network or Transport for London Road Network, though work on this is ongoing.

page 6 Comments of Transport for London

29 Comments of Transport for London have been incorporated into this report.

Comments of the London Development Agency

30 The London Development Agency has significant landowner interests relating to the proposals and has therefore not been consulted. Local planning authority’s position

31 No timetable for determination has yet been provided. Legal issues

32 The application has been made pursuant to Section 73 of the Town and Country Planning Act 1990 to vary a condition attached to an earlier permission relating to the number of flights that are allowed from City Airport each year. The referability of the application has been considered and it has been concluded that the application is not referable under the provisions of the Mayor of London Orders 2000 or 2008.

33 The Mayor has however been consulted on the application and may make comments to the planning authority that must then be taken into consideration when a decision is made on the application. Financial considerations

34 There are no financial considerations at this stage. Conclusion

35 When the previous Mayor considered the 2006 draft Masterplan, he concluded that application of the Mayor’s strategic policies to its proposals would need to weigh the economic benefits of growth of London City Airport to London’s economy, against the disbenefits of amenity loss or diminution, environmental harm, and loss of development capacity in the London Thames Gateway area.

36 Furthermore, he concluded that any planned extension in capacity at City Airport should be demonstrably sustainable, that public transport access be improved, and any adverse impacts on climate change, air quality and noise be sufficiently mitigated.

37 On 8 April 2008 the Head of the Greater London Authority’s Planning Decisions Unit raised a number of specific concerns relating to the current proposals, and asked that the City Airport withdraw their application until there was a much clearer picture of what level of additional airport expansion (if any) might be sustainable across London and the South East. He also asked that if the City Airport did not agree to defer their proposals, that their application be refused by Newham Council on the grounds of environmental and climate change impact, and the lack of clarity about noise impact on adjoining and nearby residential areas.

page 7 38 The additional material submitted by the applicant does address some of the issues identified by the Head of Planning Decisions, most notably in respect of noise. It also starts to address waste issues in a way that better accords with Mayoral objectives. Significant progress has also been made to resolve transport concerns, though a number of matters remain outstanding.

39 The clarification of the likely boundaries of the required public safety zones has though highlighted a number of additional concerns, notably constrained development potential of key sites in the vicinity of the airport, impact on the Thames Gateway Bridge and potential impact on the any DLR station at Thames Wharf. Finally, the new material does not reconsider the wider climate change impacts the proposed expansion would generate, or respond to the air quality concerns set out in the April 2008 report.

40 In light of this additional material, the Mayor is asked to decide if he wishes to maintain opposition to the expansion of City Airport as sought by the current planning application with Newham Council, or whether he wishes to withdraw his extant objection and request for the Secretary of State to call in the application and convene a public inquiry to consider the proposals, thereby allowing Newham Council to determine the application without further planning intervention by the Mayor.

for further information, contact Planning Decisions Unit:

Giles Dolphin, Head of Planning Decisions 020 7983 4271 email [email protected] Justin Carr, Strategic Planning Manager (Development Decisions) 020 7983 4895 email [email protected] Colin Wilson, Strategic Planning Manager (Planning Frameworks) 020 7983 4783 email [email protected] Lyndon Fothergill, Case Officer 020 7983 4512 email [email protected]

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