NEWQUAY CORNWALL AIRPORT
Local Development Order
Statement of Reasons
NEWQUAY CORNWALL AIRPORT - LOCAL DEVELOPMENT ORDER STATEMENT OF REASONS 1.1 Introduction Article 34 of the Town and Country Planning (Development Management Procedure)(Order) 2010 (DMPO) paragraph (1) outlines that ‘where a local planning authority propose to make a local development order (LDO) they shall first prepare— (a) a draft of the order; and (b) a statement of their reasons for making the order’.
A draft of the LDO is provided at Appendix A.
Article 34 paragraph (2) of the DMPO states that ‘the statement of reasons shall contain— (a) a description of the development which the order would permit; and (b) a plan or statement identifying the land to which the order would relate’.
The text in this document acts as the statement of reasons for making the LDO. A plan identifying the land to which the LDO relates is attached at Appendix B. 1.2 Background Regional airports are major economic drivers; the connectivity they provide improves both the prosperity and competitiveness of a region. Airports are particularly important in peripheral sub-regions like Cornwall, where transport infrastructure and distances from key markets can be a real business constraint, affecting growth, productivity and competitiveness. Newquay Cornwall Airport (NCA) has the capacity to bridge that infrastructure gap, opening up Cornwall to wider opportunity and to assist it to realise its full economic potential. Its continued operation and growth is supported both at a national level in the 2003 Air Transport White Paper, and at a local level through Cornwall Council’s Economic White Paper, Newquay Airport Master Plan 2008, the Cornwall Structure Plan 2004 alongside the Council’s evolving Core Strategy and associated documentation. The links it supports to wider UK, European and International business centres and markets are vital for the wider business community in Cornwall. The airport has significant space and capacity for growth and offers some unique selling points, which include a runway in excess of 2700 metres at the centre of a 325 hectare estate. It has the ability to deliver projects that are transformational in nature. NCA, with its extensive opportunities for renewable energy sources, has the potential to become carbon neutral. Furthermore, it is working closely with partners through the Airport Environment Steering Group, to achieve high standards of environmental sustainability. The airport is a significant Council owned asset, delivering not only improved connectivity but a huge opportunity for Cornwall to grow an embryonic aeronautical cluster and other airport related business activity. Major opportunities exist to develop and grow the airport in a sustainable manner both in terms of its passenger market but also in what will become the focal point of the airport’s future business development, associated aviation related activities such as aircraft maintenance, engineering and training. Over the next three years, there is the opportunity to increase sustainable passenger numbers from the existing level of 300,000 passengers per annum. The current economic climate is a major challenge for the airport, therefore the priority is to work to sustain these current passenger levels and then prepare for modest future passenger growth. More importantly, there is considerable scope to develop major aviation related activities to make use of the capacity of the whole aerodrome site. There is the opportunity for delivering significant numbers of quality, high value and highly skilled jobs many of which will be within the knowledge economy. It is envisaged that both a fixed and rotary wing aeronautical cluster will be delivered at the airport using both existing and new buildings. This cluster would be supported by an industry led training academy, which will address the skill gap that exists within the industry both nationally and locally. NCA has already delivered significant economic impacts from both jobs directly linked to the airport and other related activities. This includes the number of people directly employed at the airport, as well as on-site companies. These companies now account for almost 270 permanent on-site Full Time Equivalent (FTE) jobs at NCA. NCA wants to build upon this important base and believes significant numbers of quality, high value and highly skilled jobs will be delivered on the aerodrome and adjacent development sites. In five years it is hoped that over 500 jobs will be created in direct aerospace activity on the southern side of the airport. Such “airport” activities will be further supported and grown in the medium term through the delivery of an airport business park on land adjacent to the south side of the airport. This, together with the possible delivery of other business infrastructure such as hotels and conference/meeting facilities, needs to be looked at dependant upon demand and existing supply. In addition to business activity and travel, the airport offers major benefits to the tourism sector via in bound tourism and provides services and forms a vital part of the infrastructure for key links to life line services such as those to the Isles of Scilly.
1.3 Why a Local Development Order (LDO)
Cornwall Council has been working with Cornwall Airport Limited (CAL) and Cornwall Development Company (CDC) regarding the production and adoption of a LDO covering aviation related development at NCA.
Unlike privately owned airports, permitted development rights granted by Classes A, B, C and I of Part 18 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995, as amended through the Transport Act 2000 (Consequential Amendments) Order 2001 (the ‘GPDO’), can not be executed at NCA. This is because CAL does not constitute a "relevant airport operator" under Part 18 as the airport is owned by Cornwall Council and such rights do not accrue where airports are owned by a principal Council in England. The purpose of the LDO is to authorise development within Classes A, B and I of Part 18 of Schedule 2 of the GPDO subject to the additional thresholds in the LDO. The LDO will thereby place NCA on a level playing field with privately owned airports in England. It should be noted that it is not the intention to include developments authorise through Class C as this Class relates to other ‘operational land’ outside of the airport boundary. In the case of NCA at present there is only a small area of said ‘operational land’. As there is unlikely to be future development on this land and due to the complexities involved in ensuring full consultation as in theory new land could be brought under the operation land definition in the future, this Class has been removed from the final LDO. The proposal for the LDO was presented to the Airport Development Panel on the 14 July 2010 and the NCA Consultative Forum held on 9 August 2010. On the 10 December 2010 the LDO was reported to Cornwall Council’s Cabinet – Planning Policy Advisory Panel (PPAP) and received approval from members to formally consult subject to a decision on a screening opinion request as to whether the LDO was required to be accompanied by an Environmental Statement (see para 1.6 below). A successful bid for pilot funding through the Planning Advisory Service (PAS) has provided a funding resource to consult upon and develop the LDO document. There are a number of key drivers behind the LDO in that it will:
enable NCA to operate on a level playing field with privately owned airports in attracting business investment and carrying out operational developments; provide a comprehensive outline of all development that is permitted across the Airport, without the need for further express planning permission; enable and facilitate economic development and allow growth to happen rapidly without further planning constraint allowing the airport to react quickly to economic growth opportunities; enable the airport to rapidly respond accordingly to the requirements of operators, regulators and passengers to maintain high standards of service and safety; Allows the operational airport to remain competitive and reduce costs; establish a framework for the overall development on the airport which can promote and communicate a clear policy to stakeholders; build up confidence in and inform the community of future developments at the airport; Reduce the burden on the local planning authority, especially in dealing with applications for operational infrastructure that, but for the Council owning the airport, would otherwise be permitted development; Improve the quality and sustainability of development; and Improve investor and occupier certainty and confidence
1.4 LDO process The process governing the preparation and implementation of Local Development Orders is set out in guidance contained in DCLG Circular 01/2006 ‘Guidance on Changes to the Development Control System’. The image attached provides a summary of the process to be followed.
1.5 Development within the operational area Unlike privately owned UK airports and their operators, NCA does not benefit from the ability to carry out the operational developments authorised through Classes A, B and I of Part 18 of the GPDO, within its site boundary without the need to obtain planning permission. As a result, over the past three years, as airport development activity focused on the transfer of functions from the former RAF St. Mawgan air base, it was required to make formal planning applications for all development regardless of need and size. Between 2006 – 2009, 15 planning applications were submitted in relation to development at the airport. This has resulted in a number of delays, due to the preparation of planning submissions and as a result of the statutory planning process. Should the airport continue without the ability to respond as private airport operators to the commercial market and its own operational requirement, there is a risk that the delays in obtaining planning permission for improvements to the airfield may have an adverse effect upon the ability of the airport to respond efficiently to the commercial market, the needs of operators, passengers and regulators. The LDO provides an opportunity to grant permission across the airfield in line with Classes A, B and I of Part 18 of the GPDO and allow the airport to continue to strengthen its essential role within the region. Part 18 of the GPDO states that permitted development must be on operational land and be connected with the provision of services and facilities at the airport. In this regard the GPDO places limitations on developments that are permitted also. Developments such as an extension of the runway, construction of a new terminal, any further extension of the existing terminal, the provision of a hotel or development outside the existing operational boundary are not permitted development. These restrictions on development authorised are replicated in the LDO. In addition the LDO has introduced further limitations above and beyond those outlined above. These are summarised as follows: The LDO defines development zones and scale of development allowed within them whereas Part 18 of the GPDO does not; The LDO outlines height restrictions for operation buildings relative to the defined development zones where Part 18 of the GPDO does not; The LDO has a cumulative limit on operation buildings unlike Part 18 of the GPDO; and The LDO includes a zone where no new buildings can be constructed without the need for express planning permission.
1.6 Environmental Impact Assessment (EIA) Developments which are likely to have a significant impact on the environment are subject to Environmental Assessment (EIA). The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (EIA Regulations) require the developer to provide an Environmental Statement (ES) where the development proposed is: a) within one of the categories of development in Schedule 1; or b) it is in a sensitive area or is above a given threshold for that type of development (listed in Schedule 2), AND the development is likely to have significant effects on the environment by virtue of factors such as its nature, size or location. i.e. ‘EIA development’. A formal decision on whether the development proposed is ‘EIA development’ (and hence an ES is required) can be obtained from the LPA through a screening opinion request. It should be additionally noted that Article 34 paragraph 13 part (b) of the DMPO prohibits the use of an LDO to grant permission for development which falls within one of the categories in Schedule 1.
A formal screening opinion request was submitted to Cornwall Council (the LPA) on 21 December 2010 to establish if the developments to be authorised through the LDO would constitute Schedule 1 development, which would preclude the Order from being made; or Schedule 2 development which constituted EIA development, and which would therefore require the LDO to be accompanied by an ES. On the 5 January 2011 the LPA reached a decision that the development proposed in the LDO would not constitute either Schedule 1 development or Schedule 2 development which constituted EIA development, and as a result it has been formally established that the LDO can be made, and is not required to be accompanied by an ES. 1.7 How does the LDO relate to the Airport Master Plan The Airport Master Plan was published in June 2009 and sets out current short term developments within a strategic context and establishes a framework for long-term strategic objectives for the redevelopment of the airport over the next 20-25 years. It is not the purpose of the LDO to revisit the aspirations and overall conclusions of the Master Plan, but instead to act as a tool to facilitate delivery and to guide its implementation. The Master Plan discusses the issue of permitted development in section 3.6, where it states: As Newquay Cornwall Airport continues to grow the Airport proposes to investigate ways that permitted development rights could be introduced across the airfield. 1.8 Area covered by LDO The LDO has been prepared to cover all land within the perimeter of the airport. The boundary of the airport is outlined at Appendix B and includes all land that has an established lawful use as a commercial airfield. This includes: Land within the boundary of the Certificate of Lawfulness (CLU) which was granted by Restormel Borough Council under decision notice C2/07/00217 on 10 August 2007 for the use of the former RAF St Mawgan as a commercial airfield. This Certificate confirmed that planning permission was not required for the change of use of the airfield from a military to a civilian owned and operated airfield. As well as the airfield the CLU also covered a number of the former RAF hangar buildings and confirmed their lawful use for development associated with the airport; Land outlined on the approved location plan for the Southern Access route to existing buildings at NCA determined under decision notice C2/09/00422; Land approved retrospectively for the construction of an Airport Bulk Fuel Facility (BFI) comprising 2 x 100,000 litre AvTur storage tanks; 1 x 5,000 litre AvGas storage tank; 1 x 5,000 litre diesel storage tank; vehicle turning and fuelling hardstanding; BFI refuelling area shelter office and the installation of power, CCTV and lighting systems under decision notice C2/09/01358; All Land associated with approved decision notices C2/05/00119 & NR/05/00025/CCDEV3 for the ‘Extension to Existing Terminal Building, Security and Safety Improvements, Car Park Extension and Airside Pavement Works’; Land outlined on the approved location plan for decision notice C2/02/00632 concerning the provision of additional parking areas with resurfacing of existing parking; and Land within the boundary of the application site for approved decision notice reference C2/99/1590 for the construction of aircraft hangar and associated hard standing. 1.9 Consultation on the LDO A fundamental principle of LDO’s is that they represent a partnership approach to development management. This requires an approach to consultation which seeks support for the concept of the LDO and its objectives, both among the direct participants; the communities affected; and wider stakeholders. As part of the preparation of this LDO the following consultation arrangements have been undertaken: compliance with the publicity and consultation requirements of Article 34 of the DMPO which relates specifically to publicity requirement for LDO’s; Attendance at St. Mawgan-in-Pydar Parish Council meeting on 9th February and 9th March 2011; Attendance at Colan Parish Council on 23rd February 2011; Attendance at St. Columb Major Town Council meeting on 13th April 2011; An open afternoon/evening at St. Mawgan Village Hall on the 15th February 2011 between 14:00 and 20:00; and Press release issued to Cornish Guardian and Newquay Voice on 4th February 2011 outlining consultation process and reasons behind the LDO A list of consultees were all provided with a copy of the draft LDO, a plan and the statement of reasons. The consultation period ran for a full 28 days between 9 February 2011 until the 9 March 2011. Following the expiry of the consultation all responses received have been recorded, analysed and assessed in a Statement of Community Involvement report which has informed the final version of the LDO. The post consultation draft of the LDO was submitted to Cornwall Council’s PPAP on the 6 May 2011 where it was resolved subject to the removal of Class C to submit the final LDO to the Secretary of State in accordance with the requirements of the DMPO. The changes that have occurred to the LDO as a result of the consultation responses and PPAP resolution are outlined below: Following responses received from local residents and the initial views from St. Mawgan–in-Pydar Parish Council at their meeting on the 9 February 2011 the inclusion of a further defined development zone to the northern side of the airport outlining a height restriction of up to 6 metres for operational buildings (area highlighted in yellow on plan reference LDO/JE/V3/0211); In response to consultations with the Environment Agency the imposition of a planning condition requiring specified development to accord with surface water drainage criteria outlined through a surface water management strategy for the airport. Prior to this strategy being in place, specified development is required to accord with Cornwall Council’s existing drainage guidance; Following consultation with the Council’s Historic Environment Service the imposition of a planning condition requiring specified development to accord with the recommendations and mitigation measures contained in a historic environment assessment and characterisation report and a written scheme of investigation agreed by the Council’s Historic Environment Service. It is hoped that site wide report will be completed prior to the LDO being in place; and the imposition of a planning condition in response to consultations with Natural England to require a bat survey, and appropriate mitigation measures (if required) to be agreed in writing by Natural England before works commence with regard to any extensions to existing buildings. The removal of Class C from the final LDO document in response to comments raised and the final resolution of, the PPAP on 6 May 2011. 1.10 Benefits of preparing an LDO The preparation and adoption of this LDO for the airport has clear benefits to all users, which include: granting permission for aviation related development at the airport to bring it in line with any other UK airport in the private sector; enabling the airport to act quickly to keep up with fast moving aviation market demands and respond to customers promptly; and reducing the burden on the local planning authority, parish councils and consultees especially in dealing with applications for operational infrastructure that would be permitted development were the airport privately owned and which historically have raised no significant issues. 1.11 Structure of LDO The Structure of the LDO transposes Classes A, B and I permitted development rights of Part 18 of Schedule 2 to the GPDO, save for:- a) amendments to the text such that the permission granted by the LDO relates specifically to the airport at Newquay; b) the imposition of further conditions restricting the scale of the development authorised by Class A of the LDO (as is explained in the last paragraph Section 1.5); and c) the imposition of conditions requiring specified development to be undertaken in accordance with the requirements/ measures to be undertaken in response to the conclusions of further survey work as outlined in the bullet points to paragraph 1.9. 2. SUMMARY OF THE LOCAL DEVELOPMENT ORDER The LDO seeks to grant permission for development which is currently allowed for privately owned airports as permitted development through part 18 of the GPDO. The permission granted by the LDO is subject to a number of criteria and conditions. Full details of these and what development is permitted is provided in the last paragraph of Section 1.5. The LDO applies to operational land only as detailed in Section 1.8.
APPENDIX A
The Newquay Cornwall Airport Local Development Order Class A Development at an airport
Permitted development The carrying out on operational land, of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at Newquay Cornwall Airport.
Development is not permitted if;
A.1 Development is not permitted by Class A if it would consist of or include— (a) the construction or extension of a runway; (b) the construction of a passenger terminal; (c) the extension or alteration of a passenger terminal, where the floor space of the building as existing at 5th December 1988 or, if built after that date, of the building as built, would be exceeded by more than 15%; (d) the erection of a building other than an operational building; (e) the alteration or reconstruction of a building other than an operational building, where its design or external appearance would be materially affected; (f) the cumulative area of operational buildings constructed pursuant to this LDO exceeds in total 10 hectares; or (g) the height of any building exceeds 20 metres from existing ground level in the zone highlighted green on plan reference LDO/JE/V3/0211, or 6 metres from existing ground level in the zone highlighted yellow on plan reference LDO/JE/V3/0211 or 10 metres from existing ground level elsewhere (h) it would involve the erection of a building within the zone highlighted orange on plan reference LDO/JE/V3/0211. Condition A.2 Development is permitted by Class A subject to the condition that the developer consults the local planning authority before carrying out any development, unless that development falls within any of the description in paragraph A.3.
Interpretation of Class A A.3 Development falls within this paragraph if— (a) it is urgently required for the efficient running of the airport
(b) it consists of the carrying out of works, or the erection or construction of a structure or of an ancillary building, or the placing on land of equipment, and the works, structure, building, or equipment do not exceed 4 metres in height or 200 cubic metres in capacity.
Class B Air Traffic Services development at an airport
Permitted development
The carrying out on operational land within the perimeter of the airport of development in connection with the provision of air traffic services.
Class I Use of airport buildings managed by the airport operator
Permitted development
The use of buildings within the perimeter of the airport for purposes connected with air transport services or other flying activities at that airport.
Conditions pertinent to all Classes 1. All development or works authorised through Classes A,B.C and I involving the disturbance of ground or the alteration of buildings shall be implemented in accordance with the recommendations and mitigation measures contained in a historic environment assessment and characterisation report pertaining to the area of the development or works within the boundary of the LDO. All mitigation works so required shall follow a written scheme of investigation approved in writing by the Historic Environment Service in consultation with the Local Planning Authority. 2. All development authorised through Classes A, B, C and which involves the construction of a new building, the installation of hardstanding or the re-profiling of the existing ground levels shall be implemented in full accordance with the surface water drainage criteria outlined in the following: (a) a surface water management strategy within the boundary of the LDO that has received the prior written approval of the Local Planning Authority; and/or (b) the ‘drainage guidance for Cornwall Council – v2 January 2010’ or any subsequent version to this document. Any variation from the above will require the prior written approval of the Local Planning Authority. 3. All development authorised through Classes A, B, C and I which involves an extension to an existing building shall not be commenced until a bat survey is undertaken on the building by a licensed bat worker. In all circumstances where the above survey reveals evidence that bats roost in the building, Natural England must be consulted and agree in writing to appropriate mitigation measures before works can commence. Interpretation For the purposes of the above – “air traffic services” has the same meaning as in Section 98 of the Transport Act 2000 (air traffic services);
"operational building" means a building, other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, livestock or goods at Newquay Cornwall Airport;
”operational land” means all land outlined in red on the plan reference LDO/JE/V3/0211.attached at Appendix B
“zone” means areas designated for specified development as indicated on the plan reference LDO/JE/V3/0211 attached at Appendix B.
APPENDIX B