Agenda item

Report DRR16/057

Biggin Hill Airport Ltd (BHAL) had responded to the various conditions stipulated by the Council before its operating hours could be varied.

Following the Executive meeting on 25^th November 2015 discussions with BHAL on the Council’s conditions and BHAL’s response focussed on:

·  the Noise Action Plan (NAP) which had not altered since last referred to the Executive;

·  a Management Information Letter (MIL) on how BHAL would implement and manage the NAP including, where appropriate, BHAL’s response to the Council’s conditions, including the six additional conditions agreed by Executive on 25^th November 2015; and

·  a Deed of Variation which, subject to the agreement of the Council/BHAL, would incorporate the approved changes to the operating hours into the lease.

Copies of the above documents were appended to Report DRR16/057. The NAP and MIL would be appended to the Deed of Variation and enforceable under the lease of Biggin Hill Airport.

Members were recommended to confirm that the Council’s conditions had been met, to agree that the Deed of Variation be entered into, and to agree that any sum received to reimburse the Council its costs be ring-fenced for any future costs of increased monitoring. 

In response to a concern at the Executive and Resources PDS Committee meeting, 8^th June 2016, on what might happen under the new arrangements should helicopters not rise to 1000ft (helicopters follow flight paths set down by NATS/CAA), it was explained that a mandatory condition to do so could be detrimental to health and safety and the safety of the airport (there was no authority to override Air Traffic Control instructions which might vary daily for any number of reasons). BHAL would, however, look to enforce helicopters rising to 1000ft where practical. It was also suggested at the PDS meeting that the Safety and Noise Review Board (SANARB) should include independent representation and it was confirmed that BHAL had agreed to the Board’s membership including a resident observer.

The MIL would be incorporated in the Deed of Variation and would be enforceable as such. Should the cap of 50,000 annual movements appear likely to be breached (or was breached) in the first five years of the NAP, the NAP would be reviewed and the Council could suspend the extended hours pending completion of the review. Member endorsement would be needed to implement the outcome of any such review and to implement the outcome of a review after five years.

Monitoring would be undertaken as part of the lease agreement and the sum received from BHAL to reimburse the Council its costs related to the application (up to approximately £160k excluding officer time) would be ring-fenced to supplement existing resources and ensure robust monitoring. Leading state of the art monitoring equipment would be used and regular reports would be expected back to the Executive. A robust set of arrangements were in place and the NAP also outlined information that would be provided to the Airport Consultative Committee (ACC) each quarter including a report on the number of departures and arrivals on each runway. 

Constraints in the NAP would limit noise compared to limits in the existing lease which provided ineffective control for the future. Noise contours and limits were provided and the Council’s conditions were met. Real time monitoring information would also be provided. A planning application had recently been considered concerning lights for the 03 flightpath, the Civil Aviation Authority (CAA) advising that the proposal was at Stage 4 in the CAA process, the next stage being formal consultation. Employment opportunities would also be enhanced with a recent announcement of two large companies locating to BHAL. 

It was confirmed that a Judicial Review had been issued but not served or pursued with diligence by the applicant.

It seemed to the Portfolio Holder for Care Services that there was an insufficient level of benefit coming back to the borough in return for the variation. However, the Leader was unable to support such a view referring to benefits highlighted earlier in discussion by the Portfolio Holder for Renewal and Recreation and the Council’s noise consultant.

Upon a vote, a majority of four Members voted in support of the recommendations, with one Member voting against and two Members abstaining. 

RESOLVED that:

(1)  BHAL has satisfactorily met all of the Council’s conditions;

(2)  a Deed of Variation to the lease be entered into in the form appended to Report DRR16/057; and

(3)  any sum received to reimburse the Council its reasonable costs incurred be ring-fenced for any potential future costs of increased monitoring that will be needed for the revised operating hours of the Airport.