BAA/20 VERSION 1. Stansted Generation 1. Statement of Common Ground. Without Prejudice. Case reference:

Transcription

1 BAA/20 Case reference: BAA Limited and Stansted Airport Limited Uttlesford District Council Statement of Common Ground VERSION 1 Without Prejudice Page 1

2 BAA Limited and Stansted Airport Limited Uttlesford District Council Version 1 Without Prejudice Page 2

3 CONTENTS Page CONTENTS 3 1 INTRODUCTION Purpose of the The planning application to which this statement relates The reasons for refusal and issues not contested Location of the proposed development 10 2 PICTURE OF THE AIRPORT Existing airport operation and facilities Planning History Stansted Airport Master Plan Explanation of permitted development rights Regulation of Air Noise Air Noise Contours 15 3 APPLICATION PROPOSALS Description of development List of application plans, drawings and documents 20 4 National Planning Policy Guidance The Government s White Paper on Aviation The Future of Air Transport, December The Future of Air Transport White Paper Progress Report (December 2006) (ATPR) The Government s policy approach to climate change and aviation National Planning Policy 23 5 Development Plan The Statutory Development Plan Regional Spatial Strategy RPG9 & RTS Draft East of England Plan RSS Essex and Southend-on-Sea Structure Plan, April Uttlesford District Local Plan, January Essex and Southend Waste Local Plan, September Essex Minerals Local Plan, G1 Forecasts 36 7 ENVIRONMENTAL CONSEQUENCES Air Noise Air Quality Issues Construction Issues Cultural Heritage Issues Economic Issues Employment Issues Energy Issues Ground Noise Issues Health Issues 51 Page 3

4 7.10 Landscape and Visual Issues Nature Conservation Issues Surface Access Issues Road and Rail Third Party Risk Issues Waste Issues Water Issues 57 8 PLANNING CONDITIONS AND LEGAL AGREEMENT 59 9 SIGNATORIES TO THIS STATEMENT OF COMMON GROUND 60 APPENDICES APPENDIX 1 APPENDIX 2 APPENDIX 3 APPENDIX 4 APPENDIX 5 Site Location Plan drawing no. STN/PSA/1078/K/001/P1 Planning application boundary Plan drawing no. STN/PSA/1078/K/005/P1 Existing airport layout drawing no. STN/PSA/1078/K/002/P1 A plan showing the Noise Preferential Routes at Stansted Airport Diagrams of the 2004 and 2005 Stansted Leq contours overlaid on Ordnance Survey maps Developments assumed to serve 25mppa in 2014 and 35mppa in 2014 drawing no. STN/PSA/1078/K/004 P1 APPENDIX 6 Stansted Airport Inset Map, Uttlesford District Local Plan, January 2005 APPENDIX 7 Resolution of the UDC Development Control Committee 4 th in response to BAA s offer of a 35mppa restriction on passenger throughput plus BAA s offer letter dated 20 th March 2007 Page 4

5 Glossary and Abbreviations APU Auxiliary Power Unit AQC Air Quality Consultants Ltd ATM Air Transport Movements ATWP The Future of Air Transport White Paper ATPR Air Transport White Paper Progress Report BAA BAA Limited BAP Biodiversity Action Plan CAA Civil Aviation Authority CATM Cargo Air Transport Movements CO2 Carbon Dioxide db Decibel DETR Department for the Environment, Transport and the Regions DfT Department for Transport EA The Environment Agency EIA Environmental Impact Assessment ERCD Environmental Research and Consultancy Department ES Environmental Statement G1 Planning Application G2 Stansted Generation 2 Planning Application GB Great Britain GDP Gross Domestic Product GPDO General Permitted Development Order GPU Ground Power Unit GVA Gross Value Added Ha Hectares HA Highways Agency HGV Heavy Goods Vehicles HIA Health Impact Assessment KM Kilometre Lden As LAeq, except that it is defined over an annual average 24-hr period with sub-periods defined as: day (07:00-19:00), evening (19:00-23:00) and night (23:00-07:00). Each movement in the evening period is weighted by 5 db and in the night period by 10 db respectively Lnight As LAeq, but defined for the annual average 8-hr night period between 23:00-07:00 LAeq The Equivalent Continuous Sound Level (LAeq) is the level of a notional steady sound, which at a given position and over a defined period of time would have the same Aweighted acoustic energy as the fluctuating noise. 16-hr LAeq, for the 16-hour period 0700 to 2300 (Local Time) and for an average summer day, is used as the UK index of exposure to aircraft noise. In this volume, LAeq is used to denote the 16-hour LAeq. LAmax The maximum A-weighted sound pressure level (in dba) recorded using a slow time weighting during a single aircraft flyover LDD Local Development Document NATS National Air Traffic Services Limited NO2 Nitrogen Dioxide NOx Nitrogen Oxides NPR Noise Preferential Route PATM Passenger Air Transport Movements Pax Passengers PPG Planning Policy Guidance PPS Planning Policy Statement PSZ Public Safety Zone PTI Public Transport Interchange R05 RET Runway 05 Runway Exit Taxiway R23 RAT3 Runway 23 Runway Access Taxiway 3 R23 RAT4 Runway 23 Runway Access Taxiway 4 R23 RAT5 Runway 23 Runway Access Taxiway 5 RES Regional Economic Strategy for the East of England 2004 RPG Regional Policy Guidance RSS Regional Spatial Strategy RTS Regional Transport Strategy S106 Section 106 agreement Page 5

6 SABF SAEF SoS SO2 STAL TA TVW TWUL UDC UK Stansted Airport Buisness Forum Stansted Airport Employment Forum Secretary of State Sulphur Dioxide Stansted Airport Limited Transport Assessment Three Valleys Water Thames Water Utilities Limited Uttlesford District Council United Kingdom Page 6

7 1 INTRODUCTION 1.1 Purpose of the This document is a between BAA Limited and Stansted Airport Limited (STAL) (jointly referred to as BAA) and Uttlesford District Council (UDC); hereinafter referred to as the Parties to this statement The statement has been signed by representatives from BAA and UDC and sets out those matters which are agreed between the parties in respect of the proposals identified in Section 1.2 below. It also makes clear where information has been agreed by other principal parties and statutory consultees This document is Version 1 of the and is dated. The Parties will continue discussions and seek to agree further matters. If appropriate, updated versions of the will be provided. 1.2 The planning application to which this statement relates On 26 th April 2006, BAA submitted an application for planning permission to UDC pursuant to Section 73 of the Town and Country Planning Act 1990 ( the 1990 Act ) to enable further utilisation to be made of the capacity of the existing runway at Stansted Airport. The precise nature of the application is described in Section 3 below. The application is called the planning application (hereinafter referred to as G1. ) The application was validated by UDC on 26 th April 2006 and given planning application reference number UTT/0717/06/FUL The G1 application was considered at UDC s Development Control Committee on 29 th November 2006 where Members voted to refuse planning permission on nine grounds as confirmed in the notice of decision dated 30 th November An appeal against UDC s decision to refuse planning permission for the G1 application was submitted by BAA to the Planning Inspectorate on 30 th November The appeal has been accepted and will be considered at a Public Inquiry scheduled to commence on 30 th May The reasons for refusal and issues not contested The nine reasons for refusal as confirmed on the Decision Notice dated 30 th November 2006 are as follows: Reason R.90A - Noise 1. Inadequate mitigation measures are proposed to address the effects of noise on the local community, to the detriment of the amenity of the occupiers of buildings in the vicinity of the airport, and the cognitive development of primary school children, contrary to policies BIW9 of the Essex and Southend-on-Sea Structure Plan and GEN2 of the Uttlesford Local Plan. 2. The absence of a Quality Of Life assessment means that inadequate consideration has been given to the impact of air noise on the culture and leisure activities of nearby communities, although evidence from consultees suggest these impacts are significant. As a result the effect of the development on local communities is uncertain, and no proportionate mitigation measures can be put forward, to the detriment of amenity and contrary to policies BIW9 of the Essex and Southend-on-Sea Structure Plan and GEN2 of the Uttlesford Local Plan. Page 7

8 Reason R.90B - Quality of Life 3. The absence of a Quality of Life Assessment means that the effects on the cohesion of local communities caused by the pressures on the nature and character of residential accommodation arising from the presence of a rapidly-growing airport has not been given due consideration. As a result the effect on local communities is uncertain, and no proportionate mitigation measures can be put forward, to the detriment of amenity and contrary to policies BIW9 of the Essex and Southend-on-Sea Structure Plan and GEN2 of the Uttlesford Local Plan. Reason R.90C - Air Quality 4. Increased pollution arising from the consequences of the proposed development could give rise to an increased risk of vegetation damage in Hatfield Forest and East End Wood. Insufficient real data is available to ensure an accurate assessment. As a consequence inadequate contingency measures for mitigation and/or compensation measures have been made, to the detriment of biodiversity and contrary to policies NR5, NR6, NR7 and BIW9 of the Essex and Southend-on- Sea Structure Plan and ENV7 of the Uttlesford Local Plan. Reason R.90D - Water conservation 5. Inadequate provision is made for increased efficiency in the use of water, to the detriment of water conservation strategies and contrary to policy EG4 of the Essex and Southend-on-Sea Structure Plan and GEN1 of the Uttlesford Local Plan. Reason R.90E - Surface Access Road 6. With the exception of the requirements of the Highways Agency the proposed obligations and conditions do not satisfy the requirements of the highway authorities. Without adequate mitigation measures there could be congestion on the local highway network to the detriment of the free flow of traffic and highway safety, contrary to policies T1 of the Essex and Southend-on- Sea Structure Plan and GEN1 of the Uttlesford Local Plan. Reason R.90F - Surface Access - Rail 7. The mechanisms and measures proposed for rail access improvements are insufficiently clear to enable the local planning authority to have reasonable certainty that they will take place in a proportionate and timely manner, and as a result there could be increased reliance on the use of the private car to the detriment of national and local transport policies and the principles of sustainable development, contrary to policies T1 of the Essex and Southend-on-Sea Structure Plan and GEN1 of the Uttlesford Local Plan. Reason R.90G - Climate Change 8. In the light of the Stern Review, the proposed Climate Change Bill put forward in the Queen s Speech and the increasing evidence of the adverse effects of climate change it would be premature to grant planning permission in advance of clarification by the Government as to whether its response to the Stern Review and other recent research will include direct implications for the aviation industry beyond the provisions of the Air Transport White Paper. Page 8

9 Reason R.90H - Economic Benefits 9. The forecast economic benefits of the proposed development, particularly in the light of the costing of economic consequences of climate change set out in the Stern Report, have not been demonstrated strongly enough for them to be so over riding as to outweigh all other factors, with or without mitigation, to the detriment of the principles of sustainable development and contrary to policy BIW9 of the Essex and Southend-on-Sea Structure Plan Since UDC s Development Control Committee determined the G1 application on 29 th November 2006, the Government has published the ATPR. The Council s Development Control Committee of the 4 th considered the Council s case for the Planning Inquiry and agreed that updating was required to take account of the ATPR which was accepted as being a new material consideration. Members voted in favour of substituting the reasons for refusal on climate change and economic benefit as follows: Revised Climate Change Reason for Refusal: It would be premature to grant planning permission in advance of the Government carrying out an Emissions Cost Assessment. An Assessment is required to ensure that this major decision on airport capacity takes account the wider context of aviation s climate impact as well as local environmental effects. This is in accordance with the Government s policy as set out the Future of Air Transport Progress Report, December This is substituted for the reason in the decision dated 30 November, 2006: In the light of the Stern Review, the proposed Climate Change Bill put forward in the Queen s Speech and the increasing evidence of the adverse effects of climate change it would be premature to grant planning permission in advance of clarification by the Government as to whether its response to the Stern Review and other recent research will include direct implications for the aviation industry beyond the provisions of the Air Transport White Paper ; Revised Economic Benefit Reason for Refusal : The forecast economic benefits of the proposed development have not been demonstrated strongly enough for them to be so over riding as to outweigh all other factors, with or without mitigation, to the detriment of the principles of sustainable development and contrary to policy BIW9 of the Essex and Southend-on-Sea Structure Plan. This is substituted for the reason in the decision dated 30 November, 2006: The forecast economic benefits of the proposed development, particularly in the light of the costing of economic consequences of climate change set out in the Stern Report, have not been demonstrated strongly enough for them to be so over riding as to outweigh all other factors, with or without mitigation, to the detriment of the principles of sustainable development and contrary to policy BIW9 of the Essex and Southend-on-Sea Structure Plan The Parties agree that the various other effects of the G1 development, as assessed in the Environmental Statement (ES) and the Health Impact Assessment (HIA) would not give rise to concerns justifying rejection of the application provided appropriate and necessary conditions and obligations are in place. These include: The effects on archaeological resources The additional requirements for energy The effects of ground noise The landscape and visual impacts The direct impacts on nature conservation interests within the airport boundary The risk to third parties Page 9

10 The additional waste generated The impacts of increased foul water drainage and surface water drainage including on receiving water courses The health effects of the proposed development 1.4 Location of the proposed development The application site is wholly within the local authority administrative district of Uttlesford in the county of Essex. The National Grid reference for the approximate centre of the site is TL Land comprising the application site is wholly within the existing boundary of Stansted Airport Stansted Airport is located in north-west Essex approximately 3.5km east of the centre of Bishop s Stortford (located in East Hertfordshire administrative district) and 8 km west of Great Dunmow. Stansted Mountfitchet is located approximately 3.5km to the north-west The airport lies to the north-east of the M11/A120 junction (Junction 8), from which a dedicated spur from the roundabout leads to the airport road network and the terminal building. Slip roads also give direct access to the airport road network from the M11 northbound and to the M11 southbound at Junction 8 via an overbridge at Priory Wood roundabout. Access to the airport from the east is gained via east facing on and off slips along the A120 at South Gate/Mid-Stay Car Park. Local access to the airport is provided via Parsonage Road at the Coopers End roundabout. Access to the airport s northside facilities is via First Avenue along Bury Lodge Lane opposite the Long Stay Car Park The airport is connected by rail by a rail spur which travels west/north west via an airside single bore tunnel to join the London Cambridge line just north-east of Stansted Mountfitchet A site location plan (drawing no. STN/PSA/1078/K/001/P1) and a plan showing the planning application boundary (drawing no. STN/PSA/1078/K/005/P1) are provided as Appendix 1. APPENDIX 1 Page 10

11 2 PICTURE OF THE AIRPORT 2.1 Existing airport operation and facilities A plan showing the existing airport layout (drawing no. STN/PSA/1078/K/002/P1) is provided as Appendix 2. APPENDIX Stansted Airport has a single main runway 3,048m long on a south-west/north-east alignment. A twin parallel taxiway system to the south of the runway provides access to the passenger terminal, cargo area and principal aircraft maintenance area. A single parallel taxiway to the north of the runway provides access to the Business Aviation terminal, further aircraft maintenance facilities and remote aircraft parking The passenger terminal contains passenger processing facilities for domestic and international passengers. The passenger processing facilities are on a single concourse with baggage handling, plant and support facilities at mezzanine and undercroft levels below the passenger concourse level Three airside satellites provide access to aircraft stands located to the north and west of the terminal. International passengers gain access to and from Satellites 1 and 2 by an automated, underground tracked transit system. Bridge links from the terminal provide direct access to and from Satellite 3 for international passengers, and to and from Satellite 2 for domestic passengers. In addition, a coaching gate on the airside frontage of the terminal provides access to remote stands Direct links from the M11 and the A120 connect with the Airport s landside road system which provides access to the passenger terminal and cargo, aircraft maintenance and ancillary development areas The passenger terminal has a single level forecourt, primarily for the set-down of departing passengers Short-stay public parking is situated within the red and orange parking zones to the south-east of the terminal. There is also a short-stay car park area to the east of the terminal the green parking zone. Long-stay parking is provided on the northside of the Airport, to the west of Bury Lodge Lane. Midstay car parking is catered for in Bassingbourn Car Park on the southside of the Airport adjacent to the southern A120 entrance (South Gate). The total number of passenger car parking spaces currently provided on-airport is some 26,800 split as follows: Short-stay 2,700 spaces Mid-stay 5,300 spaces Long-stay 18,800 spaces The Public Transport Interchange (PTI) comprises a rail terminal and bus and coach station, both interlinked providing direct access to the terminal building. The bus and coach station is located immediately to the south-east of the forecourt in a central location in front of the terminal. Works to improve the passenger waiting and interchange facilities are currently in progress and are due to be completed by Spring Directly beneath the landside face of the passenger terminal is a rail station (with three platforms) with access into the terminal building by escalators, ramps, walkways and lifts. Page 11

12 2.1.9 The cargo area is located to the south-west of the terminal area. It comprises a line of transit sheds with an airside frontage on to the main terminal apron and a parallel transit shed a little further to the south-west operated by Federal Express. In addition to the main apron in front of the passenger terminal, further aircraft stands to the south-west of the Federal Express development provide parking for primarily cargo aircraft. The cargo area has an independent junction from the landside road system with associated staff and lorry parking The Airport fire station is located immediately to the north of the cargo transit sheds. There is a fire training ground on the northside of the Airport The principal aircraft maintenance facility to the south of the runway is operated by SR Technics and includes a hangar capable of accommodating two B747 aircraft, two ground run pens, supporting accommodation and car parking Other landside accommodation to the south of the runway includes two landside support offices, the control tower, car rental bases for four operators (currently under construction), flight catering and ground handling agents accommodation Facilities for General Aviation as well as some further maintenance facilities are provided to the north of the runway. These include the Harrods Aviation and operations and aircraft maintenance facilities operated by Inflite and Titan Airways The Airport aviation fuel farm is located in the northside area along with other ancillary facilities including Airport vehicle maintenance accommodation There are three hotels on the Airport: Radisson SAS Hotel adjacent to the passenger terminal (500 bedrooms); Hilton Hotel located north of the runway (238 bedrooms); and Express by Holiday Inn located at South Gate (detailed planning permission for 256 rooms but only 173 currently constructed remaining 83 rooms to be completed by June 2007) The Hilton and Express by Holiday Inn operate shuttle bus services to and from the passenger terminal A petrol filling station is located on the South Gate site Balancing ponds are provided to regulate and clean the flow of surface water runoff to the river courses. The principal balancing pond is located to the south of the Airport 2.2 Planning History The 1985 Planning Permission On 5th June 1985, the Secretaries of State for Environment and for Transport granted outline planning permission for: The expansion of Stansted Airport by the provision of a new passenger terminal complex with a capacity of about 15 mppa east of the existing runway, cargo handling and general aviation facilities, hotel accommodation, taxiways (including the widening of a proposed taxiway to be used as an emergency runway), associated facilities (including infrastructure for aircraft maintenance and other tenants developments) and related road access. ( The 1985 permission planning reference number UTT/1150/80/SA) Page 12

13 2.2.2 The conditions attached to the 1985 permission required that the development be phased. Reserved matters in relation to the first and second phases were approved in 1987 (Phase 1 approval) and 1999 (Phase 2 approval). The general layout plan upon which the allocations of land within the airport boundary in both the former Uttlesford District Plan and the current Uttlesford Local Plan have evolved, was approved as part of the Phase 1 approval A Landscape Masterplan for the first phase of the airport development (under the 1985 planning permission) was approved by UDC in It included approximately 56ha of woodland and copse planting. Planting commenced in 1987 and continued until the terminal was opened in 1991 The 2003 Planning Permission In August 2001, BAA submitted an application for the next phase of the Airport s development, providing for an increase in passenger throughput. It was anticipated that this development would allow the increase in passenger throughput to about 25 million passengers per annum (mppa) in Planning permission was granted by UDC on 16 th May 2003 for: Extension to the passenger terminal; provision of additional aircraft stands and taxiways, aircraft maintenance facilities, offices, cargo handling facilities, aviation fuel storage, passenger and staff car parking and other operational and industrial support accommodation; alterations to airport roads, terminal forecourt and the Stansted rail, coach and bus station; together with associated landscaping and infrastructure. ( The 2003 planning permission planning reference UTT/1000/01/OP) planning conditions and obligations were attached to the 2003 permission, timed to be triggered by various stages of the approved development. The conditions include MPPA1 and ATM1 which limit the number of passengers and ATMs per annum to 25 million and 241,000 ATMs The 2003 planning permission was implemented through commencement of development which took place on 22 nd May 2006 via terminal forecourt improvement works. There is an 8-year time limit for the submission of reserved matters pursuant to the outline planning permission The development of Stansted Airport has been taking place within land use zones. These zones are currently incorporated into the adopted Uttlesford Local Plan (January 2005) Further details of the planning history associated with Stansted Airport has been provided by the Council with the appeal questionnaire (see response to Question 21bi). 2.3 Stansted Airport Master Plan The White Paper The Future of Air Transport Department for Transport, December 2003 (ATWP) asked airport operators to prepare a master plan in bringing forward plans for increased airport capacity in the future (ATWP, Executive Summary page 14). Stansted s master plan is being published in two stages as agreed with the Department for Transport First, in May 2006, Stansted Airport published its Interim Master Plan that deals with growth on Stansted's existing runway (the draft Interim Master Plan was published in July 2005 and this coincided with an extensive pre-application public consultation on the planning application.) The purpose of the Interim Master Plan is to set out the overall scale of the airport and the effects in The Interim Master Plan focussed primarily on making better use of the existing runway and the likely social, environmental and economic impacts that this will have. It considers and describes what a single runway airport could look like in 2015 and gives some indications of its character in The Interim Master Plan was prepared on the basis that current planning conditions restricting passenger throughput and ATMs (as described later in Section 3.1.2) will be lifted and modified respectively. Page 13

14 2.3.3 The second stage is the Final Master Plan that outlines BAA s strategy for growth on a two-runway airport up to This will accompany the planning application for the development of a two runway airport, known as G Explanation of permitted development rights Airports have permitted development rights under the Town and Country Planning (General Permitted Development) Order 1995 (Schedule 2 Part 18), which means that some types of development on operational land in connection with provision of services and facilities at the airport have deemed planning consent, although the Local Planning Authority must be consulted Developments including the construction or extension of a runway, the construction of a new passenger terminal above a floorspace of 500m², or the extension of a passenger terminal by more than 15% of the existing building do not benefit from the permitted development rights. 2.5 Regulation of Air Noise While at other airports flying restrictions are at the discretion of the airport operator, Heathrow, Gatwick and Stansted are designated airports where noise is regulated by the Secretary of State (SoS) under Section 78 of the Civil Aviation Act This statutory position is not affected by the Civil Aviation Act Using his powers the SoS has introduced night flying restrictions (the current regime runs to October 2012), noise limits and noise preferential routes (NPRs) for departing aircraft. Through its Conditions of Use, BAA penalises operators who fail to comply with the latter two regulations. The NPRs and other Noise Abatement Procedures for Stansted are published accordingly in statutory notices in the UK Aeronautical Information Package, published by the CAA Aeronautical Information Service. Appendix A6 of Volume 2 of the G1 ES (Air Noise) includes the full text of the noise abatement procedures that apply at Stansted Airport. Section 9 of Volume 2 of the G1ES provides a précis of the main requirements Specifically in relation to NPRs, they are designed to avoid over-flight of built up areas where possible. They lead from the take-off runway to the main UK air traffic routes. Six NPRs for departing aircraft have been established at Stansted Airport following public consultation by the DfT in There are three NPRs diverging from each end of the runway. The centerline of the NPR, if directly flown over, routes aircraft as far as possible away from the areas of population concentration. A plan showing the NPRs at Stansted Airport is provided as Appendix 3. APPENDIX Although not appearing specifically in the UK-AIP noise abatement procedures notice, it has become accepted practice at Stansted Airport to measure track keeping performance by reference to a swathe placed around each NPR (marked yellow on the plan provided in Appendix 3). To be classed on-track aircraft are required to remain within the NPR swathe until 3000 of 4000ft above mean sea level depending upon the NPR. Upon reaching this altitude they may be given more direct headings so as to integrate safely and efficiently with other traffic operating in London airspace Under the 2003 planning permission, BAA has sought to enhance the SoS s regulations by voluntary agreements with aircraft operators and air traffic control. Details of these voluntary measures are provided in Section 9.2 of Volume 2 of the G1 ES (Air Noise) and include measures such as Noise Insulation Schemes, Landing Charges, Noise and Track Keeping Fines, Night Noise Mitigation and installation of Mobile Noise Monitors. Page 14

15 2.6 Air Noise Contours Every year, the Environmental Research and Consultancy Department (ERCD) of the Civil Aviation Authority (CAA) estimates the noise exposures around Stansted Airport on behalf of the Department for Transport (DfT). The magnitude and extent of the aircraft noise around these airports are depicted on maps by contours of constant aircraft noise index (Leq) values. The contours are generated by a computer model validated with noise measurements which calculates the emissions and propagation of noise from arriving and departing air traffic. Diagrams of the 2004 and 2005 Stansted Leq contours overlaid on Ordnance Survey maps are provided at Appendix 4. APPENDIX The ERCD Report 0603 Noise Exposure Contours for Stansted Airport 2005 (prepared by the Civil Aviation Authority on behalf of the DfT, December 2006) states that the total annual movement figure at Stansted for 2005 was 0.7% higher than that for Despite the slight increase in traffic in 2005, the area within the 57 dba Leq contour decreased relative to Page 15

16 3 APPLICATION PROPOSALS 3.1 Description of development In 2003, BAA was granted planning permission by UDC for development comprising: Extension to the passenger terminal; provision of additional aircraft stands and taxiways, aircraft maintenance facilities, offices, cargo handling facilities, aviation fuel storage, passenger and staff car parking and other operational and industrial support accommodation; alterations to airport roads, terminal forecourt and the Stansted rail, coach and bus station; together with associated landscaping and infrastructure. ( The 2003 planning permission ) This permission was granted subject to a number of conditions. In particular, UDC imposed conditions on passenger throughput and ATMs in the following terms: The passenger throughput at Stansted Airport shall not exceed 25 million passengers in any twelve calendar month period. (Condition MPPA1 ).there shall be at Stansted Airport a limit on the number of occasions on which aircraft may take-off or land at Stansted Airport of 241,000 ATMs during any period of one year of which no more than 22,500 shall be CATMs. (Condition ATM1 ) The planning application, the subject of this appeal, was submitted on 29 th April 2006 under Section 73 of the Town and Country Planning Act 1990 and seeks to increase the limit of Condition ATM1 and remove Condition MPPA1, thereby allowing the Airport to grow beyond 25 mppa and 241,000 ATMs, and make better use of the existing runway. It is proposed that Condition ATM1 is increased to a new level of 264,000 ATMs with limits of 243,000 PATMs and 20,500 CATMs BAA forecast that the current 25mppa throughput limit will be reached in The proposed development is, therefore, that which was granted planning permission in 2003 subject to the same conditions, save in respect of MPPA1 and ATM The proposed development would enable the Airport to grow to serve about 35 mppa from the existing runway. BAA forecast that these levels will be reached in 2014/ ,000 ATMs (with a further 10,000 non-commercial movements) represents the maximum likely effective use of the single runway in 2014/15. The Environmental Statement (ES) submitted with the planning application includes a 40mppa sensitivity test and considers what the impacts could be in the event that the 264,000 ATMs actually enabled a throughput of 40mppa rather than the 35mppa forecast This application does not seek planning permission for any additional physical developments/facilities that do not currently have planning permission. It is possible that further additional facilities which do not have planning permission may be brought forward in due course as the Airport continues to grow. These potential facilities include: Extension to the Green car park. Northside Long Stay Car Park Infill - to the west of Bury Lodge Lane. Extension to the southern portion of the Northside Long Stay Car Parking Phase 5 - to the east of Bury Lodge Lane. Car Rental Sites 5 & 6 on Coopers End. Enterprise House Staff Car Park Extension - in the vicinity of the control tower. Page 16

17 South Gate Hotels West and East and South Gate Restaurant 1 Stansted Rail Station Extension Some of the above facilities would require planning permission (such as any proposed hotel or restaurant facilities at the South Gate site). Some facilities would benefit from permitted development rights (eg. the addition of further car rental facilities). The potential development of these facilities has been anticipated in the ES that is submitted with the G1 application and their effects have been assessed. However, they are not included in the planning application and will fall to be considered by the Council on their own merits if and when planning applications or General Permitted Development Order (GDPO) consultations are made for them The proposed airport layout for the 25mppa and 35mppa cases in 2014 (drawing no. STN/PSA/1078/K/004/P1) is provided as Appendix 5. This plan shows existing principal buildings and those developments that are assumed would be in place to serve 25mppa in 2014 (ie. if planning permission was refused) and 35mppa in 2014 (if planning permission is granted). A summary of the planning status of all the proposals shown on drawing no. STN/PSA/1078/K/004/P1 is provided below: 25mppa case in 2014 Echo Stands North Detailed planning permission granted as part of 15mppa Phase 2. (Works underway). APPENDIX 5 Terminal Arrivals extension (Bay 8) Detailed planning permission granted as part of 15mppa Phase 2. (BAA anticipate works to commence in 2007) Terminal forecourt improvements Works commenced on 22 May 2006 and were completed in November 2006 Enterprise House 2 Outline planning permission granted as part of 25mppa. Details still to be submitted. (BAA anticipate works to commence in 2009 if approved). Zulu stands South Detailed planning permission granted as part of 15mppa Phase 2. (BAA anticipate Phase 1 works to commence in 2008; Phase 2 in 2010). Endeavour House 2 Outline planning permission granted as part of 25mppa. Details still to be submitted. (BAA anticipate works to commence in 2013 if approved). Taylors End ancillary development Phase 2 approved as part of 15mppa Phase 2. (BAA anticipate works to commence soon). Outline planning permission for western end granted as part of 25mppa. Details still to be submitted. (BAA anticipate works to commence in 2009 if approved). 1 An outline planning application for hotel development comprising approximately 250 bedrooms was submitted to UDC on 21 st February 2007 in respect of the South Gate Hotel West site (LPA reference UTT/0308/07/OP). An outline planning application for hotel development comprising approximately 100 bedrooms was submitted to UDC on 21 st February 2007 in respect of the South Gate Hotel East site LPA reference UTT0310/07/OP). Page 17

18 Maintenance hangar Outline planning permission granted as part of 25mppa. Details still to be submitted. (BAA anticipate works to commence in 2013 if approved). M11 Junction 8 slip road Opened for use by 31 December 2006 as required in the S106/S278 Agreement. Priory Wood roundabout slip road Opened for use by 31 December 2006 as required in the S106/S278 Agreement. Fuel tanks 4,5 and 6 Outline planning permission for one tank granted as part of 25mppa. Details still to be submitted. (BAA intends to construct the other 2 as permitted development under its GPDO powers in association with the second fuel pipeline. Planning permission for the off-airport section of that pipeline still has not been granted the on airport section would be permitted development). Northside long stay car parking Phase 4 Outline planning permission granted as part of 25mppa. Details still to be submitted. (Approx 12,200 extra spaces with Phase 5 North). (BAA anticipate works to commence in 2007 if approved). Yankee stands North Detailed planning permission granted as part of expansion to 25mppa. (BAA anticipate works to commence in 2010). Cargo shed 3 Outline planning permission granted as part of 25mppa. Details still to be submitted. (BAA anticipate works to commence in 2011 if approved). Runway 05 Runway Exit Taxiway (R05 RET) Runway 23 Runway Access Taxiway 5 (R23 RAT5) BAA intends to construct these as permitted development under its GPDO powers in mppa case in 2014 Satellite 4 Detailed planning permission granted as part of 15mppa Phase 2. Subsequent revised scheme approved in (BAA anticipate works to commence in 2008). Echo Stands South Detailed planning permission granted as part of 15mppa Phase 2. (Works underway). Green car park Temporary planning permission refused in Not otherwise approved as part of expansion to either 15 or 25mppa. (Partly on land identified for ground handling facilities and ancillary development in 25mppa, but which BAA considers are not now likely to be required. (BAA anticipate works to commence in 2009 if approved). Station extension Land safeguarded under S106/S278 Agreement. (BAA anticipate works to commence in 2010). Page 18

19 Terminal Departures extension (Bays 9 and 10) Detailed planning permission granted as part of 25mppa. (BAA anticipate works to commence in 2010). Layered short stay car park Detailed planning permission granted as part of 15mppa Phase 2. (The plan indicates that BAA only intends to build one of the two decked structures for which planning permission was granted. There is no indication that BAA is currently intending to proceed with plans to deck the remaining areas to the north as proposed under the mppa permission. BAA anticipate works to commence in 2014). Enterprise House staff car park extension Not approved as part of expansion to either 15 or 25mppa. (BAA anticipate works to commence in 2008 if approved). Basingbourn Road dual carriageway Outline planning permission granted as part of 25mppa. Details still to be submitted. (Originally suggested as being required for 15mppa Phase 2). (BAA anticipate works to commence in 2010 if approved). Car rental sites 5 and 6 Not approved as part of either 15 or 25 mppa. (BAA anticipate works to commence in 2008 if approved). Thremhall Avenue dual carriageway Outline planning permission granted as part of 25mppa. Details still to be submitted. (Originally suggested as being required for 15mppa Phase 2). (BAA anticipate works to commence in 2010 if approved). Bassingbourn roundabout grade separation Outline planning permission granted as part of 25mppa. Details still to be submitted. (Works anticipated to commence in 2010 if approved). South Gate site restaurant 2 Not approved as part of either 15 or 25mppa. (BAA anticipate works to commence in 2008 if approved). South Gate Hotel Phase 2 Works have commenced and are due for completion in South Gate Hotel East Not approved as part of either 15 or 25mppa. An outline application for planning permission was submitted in February (BAA anticipate works to commence in 2009 if approved). South Gate Hotel West Not approved as part of either 15 or 25mppa. An outline application for planning permission was submitted in February (BAA anticipate works to commence in 2009 if approved). South west taxiway extension Detailed planning permission granted as part of 15mppa Phase 2. (BAA anticipate works to commence in 2012). 2 An application for full planning permission was submitted for a McDonalds restaurant on this site on 24 th Page 19

20 Northside Long Stay car park infill Not approved as part of either 15 or 25mppa. (BAA anticipate works to commence in 2008 if approved). Northside long stay car parking Phase 5 (North) Outline planning permission granted as part of 25mppa. Details still to be submitted. (Approximately 12,200 extra spaces with Phase 4). (BAA anticipate works to commence in 2013 if approved). Northside long stay car parking Phase 5 (South) Not approved as part of either 15 or 25mppa. (BAA anticipate works to commence in 2015 if approved). Northside staff car parking Outline planning permission granted as part of 25mppa. Details still to be submitted. (BAA anticipate works to commence in 2011 if approved). Yankee stands South Detailed planning permission granted as part of expansion to 25mppa. (BAA anticipate works to commence in 2014). Runway 23 Runway Access Taxiway 3 (R23 RAT3) Runway 23 Runway Access Taxiway 4 (R23 RAT4) Detailed planning permission granted as part of 15mppa Phase 2. (BAA anticipate works to commence in 2012 and 2010 respectively) The impact assessment contained in the G1 ES takes account of the collective effect of all of the assumed 25 and 35mppa developments. 3.2 List of application plans, drawings and documents The agreed list of application plans, drawings and documents to be considered at the Inquiry is as follows: Documents formally submitted for approval as part of the planning application Completed Planning Application Forms (Parts TP1 and TP2) Certificate of Land Ownership B under Section 66 of the Town and Country Planning Act 1990 The following plans: i) Drawing no. STN/PSA/1078/K/001/P1 Site location plan ii) Drawing no. STN/PSA/1078/K/005/P1 Planning Application Boundary and adjacent land within BAA s ownership or control Documents that support the planning application but do not form part of the application Drawing no. STN/PSA/1078/K/004/P1 : Proposed airport layout for 25mppa and 35mppa cases in 2014 Planning Statement Environmental Statement comprising: Page 20

21 - Volume 1: Master Volume and summary of the environmental effects - Technical Volumes 2 16: Volume 2 Volume 3 Volume 4 Volume 5 Volume 6 Volume 7 Volume 8 Volume 9 Volume 10 Volume 11 Volume 12. Volume 13. Volume 14. Volume 15 Volume 16 Air Noise Air Quality Archaeology and Cultural Heritage Economic Effects Employment and Housing Effects Energy Ground Noise Landscape and Visual Impact Nature Conservation Surface Access Third Party Risk Waste Water Construction Air Traffic Data - Non-technical summary - Environmental Statement Regulation 19 Response (September 2006) Report of Consultation Health Impact Assessment Sustainability Appraisal Stansted Airport Interim Master Plan (May 2006) Growing Stansted on the Existing Runway Public Consultation Report (July to October 2005) Page 21

22 4 National Planning Policy Guidance 4.1 The Government s White Paper on Aviation The Future of Air Transport, December The ATWP sets government policy for providing a strategic framework for the development of air travel over the next 30 years. The Parties agree that significant weight can be attached to policies contained in the ATWP The ATWP was subject to a legal challenge by the County Councils of Essex and Hertfordshire and the District Councils of Uttlesford, East Hertfordshire and North Hertfordshire. The Judgement was delivered in February, The consequence of the challenge was effectively to strike out the specific reference to a wide spaced second runway at Stansted. a) Taking forward development at Stansted Specifically in terms of Stansted Airport, the ATWP recognises that it has grown very rapidly in recent years and that at current rates of growth, Stansted s runway capacity could be used within a few years. However, with more terminal capacity, the ATWP recognises that passenger numbers would continue to grow to up to 35mppa (paragraph 11.24) There are two priorities for Stansted Airport in the ATWP (paragraph 11.11): To make full use of the existing runway; and To bring forward as soon as possible (around 2011/2012) a wide-spaced second runway at Stansted as the first new runway to be built in the South-East for over 30 years The parties agree that the application is, in principle, in accordance with the Government s policy in the ATWP. b) White Paper Response on Environmental Impacts of Air Transport and Airport Development The ATWP sets environmental conditions which developers will need to meet to take proposals forward and further includes other proposals to limit and mitigate against the impact that air transport has on the environment, including its impact on global warming (Foreword, page 8). The ATWP appreciates that in order to deliver a balanced strategy for growing airport development in the UK, more needs to be done to reduce and mitigate the environmental impacts (paragraph 3.1). - At a local level, the ATWP stresses the importance of properly reflecting environmental concerns when making decisions about the amount and location of future airport capacity Chapter 3 of the ATWP sets out in more detail, the Government s policies to address noise, local air quality and climate change and the Government advises that these policies will be supplemented by specific environmental controls at individual airports and accompanied by stronger mitigation and compensation measures (paragraph 3.9). Page 22

23 4.2 The Future of Air Transport White Paper Progress Report (December 2006) (ATPR) The ATPR demonstrates the progress made by the Government in delivering a sustainable future for aviation and fulfils a commitment to report on progress generally on the policies and proposals set out in the ATWP (Chapter 12 Programme of Action ). It considers the ATWP in light of the The Stern Review on the Economics of Climate Change (October 2006); Oxford Economic Forecasting The Economic Contribution of the Aviation Industry in the UK (October 2006); Department for Transport Focus on Freight (2006 edition); Climate Change : The UK Programme 2006 (March 2006); The Eddlington Transport Study The Case for Action : Sir Rod Eddlington s advice to Government (December 2006); the Civil Aviation Act 2006; the Government s intention to introduce legislation to address climate change and the most recent statistics on aviation in the UK. It confirms that the Government remains committed to the strategy set out in the ATWP which it considers strikes the right balance between economic, social and environmental goals (paragraph 1.2). 4.3 The Government s policy approach to climate change and aviation The ATWP sets out the Government s policies to address aviation s effect on climate change (ATWP paragraph 3.9) The ATPR acknowledges that the aviation sector must meet its environmental costs (Foreword to ATPR) Paragraph 1.5 of the ATPR concludes that the Stern Review supports the policy set out in the ATWP to tackle aviation carbon emissions namely by ensuring that the price of air travel should, over time, reflects its environmental and social impacts. To ensure that this happens, the ATPR states that the Government will, amongst other measures (paragraph 1.6): Continue to pursue the inclusion of aviation emissions in the European Union (EU) emissions trading scheme (ETS) as soon as practicable. The trading scheme ensures that carbon emissions from all sectors of the economy that are included in the scheme are properly priced. The Government recognises that its focus on the EU ETS should not preclude examining other economic instruments to ensure that aviation reflects its environmental costs; Consult on the development of a new emissions cost assessment to inform Ministers decisions on major increases in aviation capacity. This assessment would consider whether the aviation sector is meeting its external climate change costs; Soon bring forward proposals which will make is simpler for air passengers to offset the carbon emissions arising from the flights they take. This will help people to take responsibility for tackling their contribution to climate change. 4.4 National Planning Policy National Planning Policy is set out in Planning Policy Guidance Notes (PPGs) and Planning Policy Statements (PPSs) that cover a range of development and land use issues The Parties agree that there is no specific national planning policy which concerns development at Stansted Airport apart from the ATWP. National policy most relevant to G1 is considered to include the following: Planning Policy Statement 1: Delivering Sustainable Development Planning Policy Statement 9: Biodiversity and Geological Conservation Planning Policy Statement 10: Planning for Sustainable Waste Management Planning Policy Statement 12: Local Development Frameworks Planning Policy Guidance 13: Transport Page 23