INSIGHT JUL 2018 Safely landed? Is the current aerodrome safeguarding process fit for purpose? Lichfields is the pre-eminent planning and development consultancy in the UK We’ve been helping create great places for over 50 years.

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Lichfields has reviewed the local 92 local plans, relating to 82 corresponding aerodromes, have been reviewed. Our research has identified that plans of all of the local planning only 50% of licenced aerodromes are protected in some authorities (LPAs) in England with a way under the planning regime – with either an official or voluntary safeguarding status. civil licenced aerodrome to see how Of the select few that are officially safeguarded under well (or indeed if) each aerodrome the planning regime, not all have safeguarding policy in place within that local plan, despite the requirement to is appropriately safeguarded. The do so. In fact, worryingly 32% of officially safeguarded research has identified a flawed aerodromes do not have a safeguarding policy in place. More positively, 13 ‘not officially safeguarded’ system with evident gaps in policy, aerodromes have secured voluntary safeguarding with their LPAs and have policies in place in their local plan, meaning not all aerodromes are indicating that these authorities and the aerodromes appropriately protected. A review concerned understand the importance and value of safeguarding. and update of national advice and The national safeguarding Circulars are outdated and how this is implemented at a local no longer meet their intended use. Since adoption, the policy environment has changed significantly, level is required. particularly with the introduction of localism (2011), a new National Planning Policy Framework (2012), a new Safeguarding is critical for aviation. It is a mechanism to ensure Aviation Policy Framework (2013), an Industrial Strategy aerodromes can continue to operate in a safe environment, (2017) and Brexit. The aviation industry continues to uninhibited from development that may pose a safety risk to its day experience growth and play an important part in the to day operations. This, in turn, ensures the safety of aircraft and its UK economy. These factors all give greater weight to the passengers as well as the safety of people living and working nearby. need to protect an aerodrome’s ability to carry out safe The civil aviation and planning regimes set out a system to meet and efficient operations. Government, with LPAs and this safety objective; it is a complex system that often gives rise to aerodrome operators, could take safeguarding policy uncertainty as to its application. Under the civil aviation regime further with a review and update to Circulars 1/2003 all licenced aerodromes must ensure that the aerodrome and its and 1/2010. airspace are safe for use by aircraft. Yet only a select few are officially Many of the LPAs reviewed are yet to adopt post-NPPF safeguarded under the planning regime and they benefit from local plans, meaning that the current safeguarding policy Statutory Direction. But it is unclear how this arbitrary group of – if there is one in the first place – could be more than officially safeguarded aerodromes has been identified. The remaining 10 years old and will be likely not to reflect the current licenced aerodromes can only seek voluntary protection and this is at position of the aerodrome and its operational status. the discretion of the local planning authority (LPA). But these deficiencies do create an opportunity for aerodrome operators to seek to incorporate safeguarding policy in reviewed and emerging local plans – it’s important for the industry to act on this now. Key figures 850 active aerodromes in the UK

aerodromes in England are licenced and legally must take all reasonable 82 measures to ensure safety

of these licenced aerodromes are not safeguarded by the Planning 50% regime, either officially or voluntary

of licenced aerodromes are not 2/3 officially safeguarded

of officially safeguarded aerodromes do not have safeguarding policy in 32% place within its Local Plan

licenced aerodromes that do not benefit from official safeguarding have voluntary 13 ‘non-official’ safeguarding in place

years anniversary – the age of the current safeguarding 15 guidance, DfT Circular 1/2003 INSIGHT SAFELY LANDED?

01 Introduction

Safety is of course fundamental to the aviation industry. Aerodromes, which are hubs for a wide range of aviation activity, must be able to operate within a safe environment. But how well is this requirement to safeguard operations and protect people living and working near aerodromes being applied when proposals come forward for new development?

From our work advising aerodromes, local authorities and developers on schemes at or close to aerodromes, we are familiar with the Contents complexities of the land use planning safeguarding process, and the €‚ Introduction 1 policies that might be put in place to meet this safety objective – both €ƒ Safeguarding is a critical 2 in terms of how they should be applied and the issues that arise in © Lenscap / Alamy Stock Photo issue for aviation their application. €„ What is the the 4 This Lichfields Insight explores whether the current development safeguarding framework? management aerodrome safeguarding system is fit for purpose. € „e safeguarding planning 6 Are there appropriate planning policies in place at a national level process in England (via planning Directions and Circulars) and are these requirements €† How well does the 8 being implemented, as they should or could be, at a local level (via Circular work in practice? local plans), or are there policy ‘gaps’? €‡ Is the Circular being 10 The focus of this Insight is the civil safeguarding regime set out in the applied to development plans? England and Wales DfT Circulars: 01/20031 and 01/2010.2 We have €ˆ Future for safeguarding 12 reviewed the local plans for civil licenced aerodromes in England. 92 local plans, relating to 82 corresponding civil licenced aerodromes,3 have been reviewed. The term ‘aerodrome’, applied throughout this document, can be interchangeable for ‘airfield’, ‘airport’, or ‘heliport’.

1 DfT ODPM: The town and country planning (safeguarded aerodromes, technical sites and military explosive storage areas) direction 2002 2 DfT: Control of development in airport Public Safety Zones 3 Source: CAA

1 INSIGHT SAFELY LANDED? 02 Safeguarding is a critical issue for aviation

Safeguarding is a mechanism for aerodromes to ensure safe and efficient operations, that is Development posing a the safety of an aerodrome’s operation as risk to aerodrome safety well as the safety of people living and working nearby. • Penetration of safeguarded airspace by the height of a proposed building, Aerodromes play a central role in the delivery of structure, erections or construction sustainable development at a local and national works such as a communications mast level by providing jobs, movement of people, and inward investment. It’s important that • Proposed road or railway as a mobile they can sustain their operations (safely and obstruction or being in proximity to an efficiently) to deliver on these benefits. It’s also aerodrome’s explosive storage areas vital that any proposed development, which • Man-made development resulting in could give rise to the creation of obstacles and an increase or change in bird activity, hazards both at and neighbouring an aerodrome such as landscaping, mineral extraction, (and impacting an aerodrome’s ability to carry waste disposal, or a waterbody out its operation) is carefully regulated. • Other nearby civil aerodromes or Awareness of this safeguarding regime, by aviation uses all stakeholders, is essential to ensure that it is being implemented as it should and meets • Reflection or refraction of radio the needs of all end users such as aerodrome signals caused by a proposed building operators and passengers, 3rd party developers, or structure and local communities. • Use of building materials resulting in glint and glare impact for pilots or air traffic control Who is responsible for carrying out safeguarding? • Wind turbine development • Lighting such as lasers or light canons • Safeguarding is a national matter and causing a distraction or confusion for cross-regulation issue – drawing pilots or Air Traffic Control on both the civil aviation and planning regimes • People living, working or congregating within a Public Safety Zone (PSZ) • Ultimately, each aerodrome is responsible for ensuring its own safe • Development encroaching into and efficient operations, as well as areas safeguarded for further being vigilant in preventing aerodrome facilities inappropriate development • Other aeronautical stakeholders may also have an interest in protecting their own assets from potential obstructions or inappropriate development • As local policy makers and decision- takers of new development, local planning authorities have an important role to play in this safeguarding process

2 INSIGHT SAFELY LANDED?

Maps There are over 850 active aerodromes in the environment to meet this aeronautical UK serving a spectrum of activity and varying safety objective (Figure 1). demand, all framed by a complex regulatory

Figure 1: Active aerodromes in England

Aerodromes

Licenced airfields

Unlicensed airfields

Heliports

Military

Source: Various including NATS, CAA, The Airport Guides, Bing Maps; Lichfields analysis

3 INSIGHT SAFELY LANDED? 03 What is the safeguarding framework?

The legal basis for aerodrome safeguarding Planning regime is contained within town planning and civil In planning law safeguarding means to safeguard aviation regulation, policy and publications. an established landuse. The National Planning There is some overlap in purpose between the Policy Framework (NPPF) makes clear that two regimes, however in practice they exist in authorities in preparing development plans parallel, resulting in a complex system and giving should protect critical infrastructure including rise to uncertainty of how aerodromes could and aerodromes. The Aviation Policy Framework should be safeguarded. 2013 (APF) (soon to be replaced) also sets out why safeguarding is required; noting that land outside Civil aviation regime existing aerodromes that may be required for With respect to aviation, safeguarding means aerodrome development in the future needs to the process of checking proposed development be protected against incompatible development, to assess whether it may give rise to any risk that certain aerodrome operators should maintain to the safe and efficient use of an aerodrome safeguarding maps, as well as the need for PSZ. and the wider airspace. Requirements are Both documents are supported by Statutory prescribed in the Civil Aviation Act, its enacting DfT Circulars. Air Navigation Order (ANO) and supporting The focus of this Insight is the safeguarding Civil Aviation Authority (CAA) guidance. The regime set out in the England and Wales DfT ANO makes it an offence to act ‘recklessly or Circulars: 01/2003 and 01/2010 (the former negligently in a manner likely to endanger which marked its 15 year anniversary in early aircraft’. If an aerodrome requires a licence to 2018) and how well this works in practice for civil operate (not all do) then it must take all reasonable aerodromes across England.4 steps to ensure the aerodrome and its airspace are safe for use by aircraft – and demonstrate such with regular audits by the CAA. The CAA no longer safeguards any aerodromes – this means all aerodromes, licenced and unlicensed are ultimately responsible for their own safeguarding.

Figure 2: The safeguarding framework

AVIATION PLANNING ˜ Civil Aviation Act 1982 ˜ Official safeguarding system

˜ ANO 2018 DfT Circular 1/2003 Development/ ˜ ˜ Civil DfT Circular 1/2010 Aerodrome licence land use aviation ˜ NPPF 2012 ˜ Civil Aviation Publications planning ˜ Aviation Policy Framework 2013

˜ Safeguarding polices contained in Local Plans Aerodrome safeguarding 4 Circular 01/2003 covers both civil and military aerodromes, technical sites and military explosive Source: Lichfields analysis storage areas

4 INSIGHT SAFELY LANDED?

Not all aerodromes are safeguarded safeguards - but this can only be on a voluntary under the planning regime basis by way of a privately agreed consultation Importantly, with respect for the need for safety, with the LPA. This is called ‘unofficial’ all aerodromes are equal – from the UK’s Hub safeguarding and is not obligatory under aerodrome to small grass strip airfields. However, Statutory Direction. the degree of support that is available from Regardless of status, it is the responsibility of legislation varies greatly. the aerodrome to ensure the LPA is aware of the Under the terms of a licence, CAA civil licenced need for appropriate safeguarding and associated aerodromes are required to take all reasonable measures. Are aerodromes, officially safeguarded measures to ensure the aerodrome and its or otherwise, aware of this? And are they seeking airspace are safe for use by aircraft. However, protection measured via the DfT Circular and its when it comes to land use planning, only a small Direction, and the need to secure safeguarding portion of these aerodromes are safeguarded policy provisions in its local plan? under Statutory Direction – identified as ‘officially safeguarded’ – and subject to a process of consultation between a LPA and aeronautical consultees.5 Case study This means that not all licenced aerodromes benefit from the planning safeguarding regime, London Lydd (London Ashford) Airport and despite the wider requirement to ensure safe Cambridge Airport both have comparable operations. In planning terms, safeguarding is traffic activity to Humberside Airport, only mandatory for a select few. It is an exclusive Carlisle Airport and Durham Tees Valley procedure, providing protection for a small Airport – yet Lydd and Cambridge6 are not number of aerodromes. officially safeguarded civil aerodromes.7 How is this arbitrary group of officially Gloucestershire Airport and Shoreham safeguarded aerodromes identified? The (Brighton City) Airport operate the highest Government’s position is that certain civil volumes of non-commercial air traffic in aerodromes, selected based on their importance the country yet neither of these airports are to the national air transport system, are officially officially safeguarded civil aerodromes.8 safeguarded, to ensure that their operation and development are not inhibited. Originally this comprised facilities that were developed under financial support from Her Majesty’s Treasury. It is unknown whether this remains the single Case study criteria for current guidance – and if so whether it is an appropriate measure of an aerodrome’s The General Aviation Awareness Council 5 importance and need for safeguarding protection. (GAAC) has identified the lack of clarity An aeronautical consultee may include: the aerodrome In addition, not all officially safeguarded of safeguarding to be an issue for the operator, NATS En-Route industry, noting that in some cases, local PLC (NERL), the Ministry aerodromes are identified as the UK’s busiest, of Defence (MoD), and meaning not all officially safeguarded authorities have resisted accepting non- the CAA 6 aerodromes benefit from having a PSZ in place official safeguarding. In one instance Cambridge Airport is both a council rejected an application for a CAA licenced and MoD – protecting land at either end of an aerodrome’s approved, and subject to runway. Again, it is not clear what level of traffic safeguarding zone around an aerodrome, audit from both regulators. and instead offered a ‘constraint maps’ While the airport is MoD qualifies as ‘UK’s busiest aerodromes’. safeguarded, it is not a agreement. Other local authorities have also civil officially safeguarded For not officially safeguarded or unlicensed resisted safeguarding due to the perceived aerodrome under Circular 1/2003 aerodromes, Government and the CAA advise bureaucracy required. 7 Source: CAA data 2017 that these aerodromes should seek the same 8 Source: CAA data 2017

5 INSIGHT SAFELY LANDED? 04 The safeguarding planning process in England9

1. Government officially safeguards 28 In some instances, there may be more civil aerodromes in England: These than one licenced aerodrome within the aerodromes benefit from a Statutory boundary of a local authority. Direction, which means they have 5. Safeguarding process is established statutory consultee status and benefit with all the relevant local planning from the guidance contained within authorities: Safeguarding and its process Circular 1/2003. of consultation are intended to assist the 2. Officially safeguarded aerodromes LPA in making decisions in response to submit safeguarding map and policy local development proposals. If the LPA representations to its LPA: Guidance has local plan safeguarding policy and requires all officially safeguarded a safeguarding map in place, the issues aerodromes to prepare and maintain become explicit and therefore assessed safeguarding maps (certified by the accordingly. To determine the safety CAA) and that an up to date copy should implications of a planning application be deposited with the LPA (see Figures for a development within the approach, 3 and 4). Safeguarding maps should be take-off or circuit areas of an aerodrome, a supported by local plan safeguarding safeguarding process should be established policy, addressing matters prescribed with all the relevant local planning in the Circular such as why an area has authorities. The CAA recommend that not been safeguarded. The policy should officially safeguarded aerodromes should state that promoting safeguarding areas take steps to protect their locations from into development plans is neither the the effects of possible adverse development responsibility nor the proposal of the by establishing an agreed consultation LPA. A safeguarding map is issued to each procedure between themselves and the local planning authority within the area local planning authority or authorities. indicated on the map. 6. When development proposals come 3. All other aerodromes may seek forward: If development contained voluntary safeguarding status: All other within a planning application is in an area civil aerodromes that are not officially included within the “safeguarding map”, safeguarded may also choose to prepare the LPA or developer would consult with and maintain safeguarding maps, submit to the aerodrome and other key aeronautical the LPA and seek inclusion of safeguarding stakeholders i.e. all who are responsible for policy within a local plan. However, this is assessing such proposals and responding at the discretion of the LPA. The Guidance back to the LPA. states that LPAs are asked to respond 7. Recourse if not properly considered: sympathetically to requests officially There is recourse if due consideration is safeguarding. Whilst the general advice not given to aeronautical impact. The CAA in Circular 1/2003 is applicable to no- could remove an aerodrome’s licence if it officially as well as officially safeguarded deems that safe and efficient operations aerodromes – however the Direction have been jeopardised. Equally, the to safeguard and status as statutory Secretary of State could intervene in the consultee does not extend to not officially planning process if directed by the CAA safeguarded aerodrome. by calling in an application for his or her 4. Cross-boundary issues: In some own consideration. instances, an aerodrome may cross two 9 This explanation sets out LPA boundaries; in this case both local the safeguarding planning process in England plans should be considered. and with respect to civil aerodromes

6 INSIGHT SAFELY LANDED?

What does this all mean? Figure 3: Example of a PSZ map The aerodrome operator is responsible for the administration of the safeguarding process.

However, the onus is also on the LPA, along Key with the developer and other stakeholders, to Biggin Hill Airport Public Safety Zone - As directed by ensure that proposed development accords with Department of Transport 23rd policy, guidance and the relevant stakeholders March 2004. Boundary of area subject to are consulted. individual risk of 1 in 10,000 per year or greater - As directed by It’s important for an aerodrome operator to seek Department of Transport 23rd March 2004 the inclusion of safeguarding policy into a local Green Belt plan – regardless of whether an aerodrome is Please Note - For the sake of clarity, not all of the UDP designations have been officially safeguarded or not. Where a PSZ has shown on this map. In order to get the been confirmed this should be expressed on the complete picture of which designations apply to sites, the main 1:10,000 map Proposals Map. sheets should be consulted.

This exercise should be led by the aerodrome operator and supported by the LPA. The aerodrome operator should also seek a consultation procedure be put in place between the LPA and aeronautical consultees. When development proposals come forward: the aerodrome operator should monitor development proposals that may trigger safeguarding criteria, developers should seek comment from the aeronautical consultees, Source: London Borough of Bromley and the LPA should consult the aeronautical consultees in accordance with the guidance in 1/2003 and CAA CAP 738.

Figure 4: Example of an airport and technical sites safeguarding map

Key

Biggin Hill Airport Safeguarding Area (Biggin Hill Airport to be consulted on developments likely to attract birds and all applications connected with aviation use within this boundary)

London City Airport Safeguarding Area (London City Airport to be consulted on developments likely to attract birds and all applications connected with aviation use within this boundary)

Within the following Safeguarding Areas, the respective airport authority will be consulted where development is over certain heights within specific part of the areas. Maps showing these details can be inspected at the Planning Division Enquiry desk.

Biggin Hill Airport Safeguarding Area (Biggin Hill Airport to be consulted on developments within this boundary)

London City Airport Safeguarding Area (London City Airport to be consulted on developments within this boundary)

Outer boundary of Biggin Hill Airport DVOR Technical Site Safeguarding Area (National Air Traffic Services to be consulted on developments within this boundary)

Please Note - These maps are for indicative purpose only, official safeguarding maps are held by the council for public inspection.

Source: London Borough of Bromley

7 INSIGHT SAFELY LANDED? 05 How well does the Circular work in practice?

Not all aerodromes are However, some ‘not officially officially safeguarded safeguarded’ aerodromes (CAA There are 82 aerodromes in England that licenced aerodromes) have hold a CAA (or EASA equivalent) licence. voluntary safeguarding policy in The terms of a licence are to ensure safe and place in their local plan10 efficient operations. More positively, 13 aerodromes without Only 28 (34%) of these licenced aerodromes official safeguarding status have sought have officially safeguarded status under voluntary safeguarding provision via its the Government’s aerodrome safeguarding local plan. However, the majority of not system – DfT 1/2003 – providing an aerodrome officially safeguarded aerodromes do not with protection under the planning regime. have safeguarding policies in place (Figure 6). These aerodromes benefit from Statutory Direction consultation and the need to include Figure 6: O§cially and not-o§cially safeguarded airports with safeguarding policy and CAA approved maps. safeguarding (or no safeguarding) in local plans 45 Not all officially safeguarded 40 Safeguarded in local plans aerodromes have safeguarding 35 Not safeguarded in local plans policy in place within its local plan – 30 despite the requirement to do so 25 20 40 All 28 officially safeguarded aerodromes should 15 have safeguarding provision in place within 10 19 13 a local plan – a national requirement. But this 5 8 is not the case. Our research has identified 0 Officially safeguarded Not officially safeguarded that only 19 of the 28 officially safeguarded aerodromes have safeguarding measures in Source: Lichfields analysis place via a local plan, meaning there are nine officially safeguarded aerodromes with no local What about the remaining CAA plan safeguarding policy in place at all (Figure 5). licenced aerodrome? All 82 of the CAA licenced aerodromes in Figure 5: O§cially safeguarded airports that are safeguarded in local plans England must carry out safeguarding, however

20 only 32 of these licenced aerodromes have 10 “Operators of licenced 18 safeguarding measures in place via a local plan aerodromes which are not 16 (19 licenced and officially safeguarded plus 13 officially safeguarded, and 14 operators of unlicensed licenced and voluntarily safeguarded). 12 aerodromes and sites for 10 This means that 41 licensed aerodromes have other aviation activities 19 (for example gliding or 8 no protection in place, despite the requirement parachuting) should 6 take steps to protect to take all reasonable measures to ensure the 4 their locations from 8 aerodrome and its airspace are safe for use by the effects of possible 2 1 adverse development by 0 aircraft – in accordance with the terms of establishing an agreed Safeguarded in Not safeguarded Partly safeguarded its licence. consultation procedure local plans in local plans between themselves and the local planning authority or Source: Lichfields analysis authorities.” The town and country planning (safeguarded aerodromes, technical sites and military explosives storage areas) direction 2002 (ODPM DfT Circular 1/2002)

8 INSIGHT SAFELY LANDED?

The type of CAA licence Figure 7: Licensing and safeguarding - how many aerodromes are safeguarded 40% does makes a difference The research considered whether it was 40 20% 35 more likely for safeguarding policy to be in Safeguarded place for certain types of CAA licences. It is 30 Not safeguarded more likely for EASA certified aerodromes 25 Partial 0% to be safeguarded. EASA aerodromes are 20 37 typically the larger civil aerodromes operating 15 10 -20% commercial air transport. Only a third of Public 17 Change in Employment (Base Year 1997) 5 11 licenced aerodromes are safeguarded and less 1 24 0 6 1 0 than a quarter of Ordinary licenced aerodromes, Ordinary Public EASA -40% which are typically smaller General Aviation Source: Lichfields analysis (GA) facilities, are safeguarded (Figure 7). -60% Who are the ‘busiest aerodromes’ Aerodromes with more than one million with (PSZ) in place passengers per annum could have the potential to be future ‘busiest aerodromes’ – yet only 56% This study classified aerodromes with more of these aerodromes have a PSZ in place. than 10 million passengers per annum to be ‘busiest aerodromes’ however only 50% of these Only 10 officially safeguarded aerodromes have aerodromes have a PSZ in place. A PSZ will PSZs in place within a local plan. only be put in place if it meets thresholds of statistical risk, which in turn depends on the circumstances at the individual aerodrome.

Figure 8: Analysis summary – how well does the Circular work in practice in England?

Officially safeguarded aerodromes with no local plan safeguarding policy 1/3

34% 50% Officially 82 Licenced safeguarded aerodromes aerodromes Civil licenced not safeguarded aerodromes by the Planning 2/3 regime Officially safeguarded 16% aerodromes benefiting Aerodromes benefiting from voluntary from local plan and ‘not-official’ local plan Statutory Direction safeguarding policy

Source: Lichfields analysis

9 INSIGHT SAFELY LANDED? 06 Is the Circular being applied to development plans?

Local plans with an officially safeguarded The DfT Circular requires only the outer aerodrome should include a policy stating that: boundary of safeguarded areas for officially safeguarded aerodromes to be indicated on • officially safeguarded areas have been proposals maps. However, if the detail of established for an aerodrome or the safeguarding map(s) are included within technical site; a Proposals Maps it would confirm that a • that certain planning applications will be the safeguarding map has been accepted by the subject of consultation with the operator of LPA and again it would reinforce the need and that aerodrome or technical site; and status of the safeguarding map, making the • that there may be restrictions on the issues explicit. height or detailed design of buildings or Despite this, only 19 Local Plans reference on development which might create a either the existence of a safeguarding map, or bird hazard. one further, includes a safeguarding map within The outer boundary of safeguarded areas its Proposals Map. should also be indicated on proposals maps Only 12 of the officially safeguarded accompanying local plans. aerodromes, where a safeguarding map is a Finally, the plan should state why an area has legal requirement, have a map either explicitly been safeguarded and that it is neither the referenced in local plan policy or included in the responsibility nor the proposal of the local Proposals Map. planning authority. Even if a safeguarding map has been lodged Local planning authorities whose areas include with the LPA by the aerodrome operator does an officially or not officially safeguarded area not mean that the LPA will always adhere to it, or part of such an area should ensure that the follow the guidance and notify the aerodrome associated restrictions on development are of applications for development. The GAAC entered in the Register of Local Land Charges. notes that one council reportedly ‘lost’ its safeguarding map. The DfT Circular Air Navigation The DfT Circular is clear on how and why safeguarded areas should be incorporated The safety of aircraft in UK airspace is generally into development plans. However, most local dependant on ground-based navigation and plans with an aerodrome do not reference radio aid assets, some of which are owned by the DfT Circular - only eight of the officially NATS Holdings Ltd. Aerodromes also have safeguarded aerodromes and only 10 of licenced such assets located on-aerodrome. There is a aerodromes reference the DfT Circular in local Safeguarding procedure in place to protect the plan policy. performance of aerodrome navigation aids, radio aid and telecommunication systems and Referring to the Circular within policy to ensure development does not impair the reinforces the need and status of safeguarding, performance of these assets – both on-route making the issues explicit for all. assets owned by NATS and assets owned by aerodromes. Circular 1/2003 identifies LPA CAA approved safeguarding map areas containing civil en-route technical sites A CAA approved safeguarding map will show for which separate official safeguarding maps development height limits, bird strike sensitive should be issued. areas, sites of future aerodrome development, and airspace considerations. The requirements for such consultation are described in the legend on the safeguarding map.

10 INSIGHT SAFELY LANDED?

Of the aerodromes and local plans assessed: The most important development likely to give rise to bird hazards can include waste treatment • Only 10 of the 82 licenced have policy in place plants, modifications to areas of water, nature to protect air navigation assets. reserves and bird sanctuaries, sewage disposal • Only 8 of the 28 officially safeguarded and treatment plans, major landscaping proposals, aerodromes have policy in place to protect air and mineral extraction and quarrying. navigation assets. The guidance is clear that safeguarding maps Of the LPAs assessed, 16 from the sample should include a dotted circle, with a 13km have additional requirements to protect NATS radius surrounding the aerodrome. Supporting on-route air navigation assets. However only the map could be bird strike hazard policy and five of the 16 explicitly reference this statutory reference in the map key. An LPA would then requirement, meaning the status of these air consult the relevant consultee for any proposed navigation assets and need to safeguard may not development located within the relevant radius be understood. and development which is likely to attract birds. The majority of local plans surveyed do not Bird Strike Hazard make explicit reference to managing bird strike Safeguarding is not just about height limitations hazards. Only 11 licenced aerodromes and 9 for new development surrounding an aerodrome. officially safeguarded aerodromes have bird Bird strikes are one of the major controllable strike hazard safeguarding policy in place. hazards to aviation. Common birds have caused catastrophic accidents to all types of aircraft. If a LPA does not publish the safeguarding map Most bird strikes occur on or near aerodromes as part of its suite of proposals maps then but, because birds are very mobile, features far the 13km dotted safeguarding zone does not beyond an aerodrome boundary may increase become publicly available and the issue is not the hazard. sufficiently explicit.

Figure 9: Is the Circular being applied to development plans in England?

CAA approved safeguarding map Air navigation ˜ 42% officially safeguarded aerodromes ˜ 28% officially safeguarded aerodromes whose LPA local plan reference a whose LPA local plan reference the need for air safeguarding map navigation safeguarding

˜ 23% licensed aerodromes whose LPA ˜ 12% licensed aerodromes LPA whose local plan local plan reference a safeguarding map reference the need for air navigation safeguarding ˜ 31% safeguarded LPAs reference the need for air navigation safeguarding Is the Circular being applied?

DfT Circular Bird strike hazard ˜ 28% officially safeguarded aerodromes ˜ 32% officially safeguarded aerodromes whose LPA local plan reference the whose LPA local plan reference need for bird strike DfT Circular hazard safeguarding

˜ 12% licensed aerodromes reference ˜ 13% licensed aerodromes whose LPA local plan DfT Circular in its local plan reference need for bird strike hazard safeguarding

Source: Lichfields analysis

11 INSIGHT SAFELY LANDED? 07 Future for safeguarding

This Lichfields Insight explores whether the for safeguarding? There has been no significant current aerodrome safeguarding system is fit change; in fact there has been a safeguarding for purpose. Are there appropriate planning improvement to only one local plan. policies in place at a national level (via planning Many of the LPAs reviewed are yet to have Directions and Circulars) and are these adopted NPPF local plans, meaning the current requirements being implemented at a local level safeguarding policy (or lack of it) could be (via local plans) – or are there policy ‘gaps’? more than 10 years old and will likely not reflect the current position of the aerodrome Are the current national Circulars and its operational status. But this does create still relevant? opportunity for aerodrome operators to seek to DfT Circular 1/2003 came into effect 15 years incorporate safeguarding policy in its local ago. Since then it has been updated only the plan - now. once, in 2016, with an updated list of officially safeguarded aerodromes (three aerodromes Should all CAA licenced aerodromes were added to the list and two were removed). be safeguarded? There has been no change to the guidance Given the safeguarding requirement is and statutory requirements set out in Circular so intrinsically linked to an aerodrome’s describing how aerodromes should be protected. ability to maintain its operating licence, the The Circular continues to benefit an arbitrary safeguarding measures in the Circulars and small group of aerodromes, rather than being Statutory Direction should be available to open to any aerodrome seeking safeguards from all CAA licenced aerodromes. Safeguarding development proposals. comes with a cost burden – for the aerodrome DfT Circular 1/2010 came into effect eight operator and the CAA, particularly for those years ago following the shift of day-to-day smaller aerodromes where finances are already administrative responsibilities for implementing stretched. Currently, it is the responsibility of public safety zone (PSZ) policy from DfT to the the aerodrome operator to prepare and lodge CAA, and it has not been updated since. a safeguarding map with the LPA.11 Because these maps are often not being applied as they The national Circulars are outdated and should, an onus is then placed on the aerodrome no longer meet their intended use. Since operator to also monitor and review proposals adoption, the policy environment has changed that come forward contained with a planning significantly, particularly with the introduction application.12 Should financial and resource of localism (2011), a new National Planning support be made available to some aerodromes? Policy Framework (2012), a new Aviation Policy Framework (2013), an Industrial Strategy (2017) and Brexit. The aviation industry continues to Is national safeguarding policy experience growth and play an important part being applied – as it should - at a in the UK economy. These factors all give greater local level? 11 Only officially safeguarded weight to the need to protect an aerodrome’s Based on our research, the current system is aerodromes currently have ability to carry out safe and efficient operations. to lodge a ‘CAA approved’ not working. The national system is outdated safeguarding map. The and flawed and – significantly – not being CAA does not have to Has the NPPF helped or hindered approve others implemented as intended at a local level. 12 aerodrome safeguarding? There is of¯en a The safeguarding Circulars make clear which misunderstanding on the way safeguarding maps The research considered of the local plans that aerodromes and local authorities must be should be used. If prepared have been updated to reflect the NPPF, has safeguarded under the planning regime, what correctly and used properly, with supporting policy in there been a noticeable change in incorporation the safeguarding policy and corresponding places, the map tells the of safeguarding policy i.e. has there been an map comprise, and who is responsible for its LPA where development may be permitted without improvement or decline in provisions implementation, however: referral to an aerodrome

12 INSIGHT SAFELY LANDED?

• 66% of licenced aerodromes do not benefit policy be appropriate to ensure the guidance from Statutory Direction safeguarding and regulations are applied consistently or protection under the Planning regime. is there a need for it to be tailored to each aerodrome and its surrounds? As minimum, • 32% of officially safeguarded aerodromes do local planning authorities, aerodrome operators not have safeguarding policy within its and aviation stakeholders should work more local plan. closely together to better manage the potential When delving into the make-up of the impact of developments near to aerodromes. safeguarding policy and corresponding map, it Aerodromes irrespective of size are responsible is evident that there is no consistency with how for safeguarding and need to step up their the requirements outlined in the Circulars are game. But it’s not just the role of the aerodrome being applied. operator to make these issues explicit. The LPA Only 19 Local Plans reference either the should be aware of where the aerodromes are in existence of a safeguarding map, or one their area, whether any CAA safeguarding maps further, includes a CAA Safeguarding map are place, how the requirements are applied, and within its Proposals Maps. If the details of the risks to aerodromes and aviation that local the safeguarding map(s) are included within development can create. a Proposals Maps it would confirm that a There should be an explicit reference to the safeguarding map has been accepted by the LPA circulars and safeguarding need in local plan and it would reinforce the need and status of the policy to raise awareness of the safeguarding safeguarding map – making the issues explicit. requirements. The safeguarding map and safeguarding policy should reflect the current Who is responsible for safeguarding environment. Policy shapes behaviour; if there and closing this policy gap? is no policy in place there is a risk that the issue is not being considered when development It’s up to all stakeholders involved proposals are assessed by the LPA. This may Are aerodromes aware of this safeguarding mean that LPA officers require training to process and are they raising this issue as a understand aviation issues – and that this priority with their LPA and other local should be carried out under the guidance of the partners? If LPAs are not carrying forward aerodrome operator. these safeguarding requirements through For developers, initiating technical consultation the introduction and application of local with the LPA and aeronautical stakeholders policy, why not? Are they aware of the before submitting a planning application is regulatory framework in place and is this strongly recommended. awareness enough? The aerodrome has an important role to play Are aerodromes then being made aware of and should be promoting the need to include all relevant development that comes forward safeguarding policy in the local plan process in planning applications? If not, why? Is a and agree a safeguarding protocol with the safeguarding protocol in place between the LPA. Aerodromes must make representations aerodrome and LPA to ensure applications do and should be actively involved in the local not fall through the gap? plan process and as proposals for development Some of the aerodromes assessed cross LPA come forward. Given the number of local boundaries and safeguarding policy has not plans that are currently not up-to-date, there been applied in a consistent manner. Should the is an opportunity for aerodrome operators to two local plans be developed in parallel with a promote the inclusion of safeguarding. Once in common policy? Would more standardised place, the aerodrome should monitor planning applications and changes to local plans for any development that could give rise to aeronautical

13 INSIGHT SAFELY LANDED?

impact, and then assess and comment on With the introduction of the new EIA any applications once submitted to the LPA. Regulations in April 2017, assessment of the Aviation industry organisations need to be vulnerability of a proposal to risks of major brought together to understand what is going accidents and/or disasters now forms part of on and to press for the above changes. the scope for assessment of EIA development – which will be relevant for development that Future safety pressures for may affect demonstrating safe and efficient the industry operations at an aerodrome. The aviation industry is at the cusp of major The proposed draft NPPF guidance could be change with the advancement of Unmanned clearer with respect to the expectation of a LPA Air Systems (UAS) technology such as drones and addressing the needs safeguarding matters. and flying cars. These new technologies will add to current safety pressures for aerodromes A way forward and airspace, as well as land neighbouring an aerodrome and land beneath active airspace. The Government, with the support from LPAs and CAA is developing a set of regulations, policy aerodrome operators, could take safeguarding and guidelines in reaction to the demands from policy further with an update to Circulars these technologies being placed on the industry. 1/2003 and 1/2010, to: The planning regime is yet to take such action. • Reflect national policy and advice adopted On the ground, the increase in intensification of since 2003 and 2010 and consider future urban areas will also add to safety pressures for challenges for the industry. aerodromes and airspace. • Set out an alternative safeguarding route if a LPA does not have a NPPF adopted plan Time for a policy sea-change? in place. Whether it is significant expansion of an • Allow any CAA licence aerodromes to be aerodrome, a major development proposal identified as ‘officially safeguarded’ and for neighbouring an aerodrome, or the cumulative less busy UK aerodromes with ambitious effect of small incremental development growth plans to seek the protection of a PSZ. proposals – there should be a clear, consistent and explicit framework for the assessment of • Provide clearer advice on what local plan impact on the safe and efficient operations of an safeguarding policy should comprise. aerodrome. National guidance and local policy • Provide clearer advice on the potential should be aligned. consequence if an aerodrome’s safety is Whilst it is clear from our research that the compromised – identifying potential direct current framework is lacking, there are new and indirect impacts. and emerging policies that could have a positive • Greater safeguarding weight to aerodromes impact on ensuring an aerodrome’s safe and with voluntary safeguarding measures efficient operations. in place. The impending UK Aviation Strategy White • Provide LPA officers with Paper, as it progresses during 2018/19, has safeguarding training. already set out an overarching objective to • Circulars or other advice should be updated achieve a safe, secure and sustainable aviation to ensure all aerodromes have equal sector that meets the needs of consumers and of opportunity to be safeguarded along with a global, outward-looking Britain. clear advice to LPAs.

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