1. Section 51 advice
  2. Advice in detail

Advice to Adem Mehmet

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Enquiry

From
Adem Mehmet
Date advice given
21 March 2018
Enquiry type
Email

What would be helpful to all involved in this process and particularly the large number of people who are concerned about the possibility of night flights, would be if you could confirm the following.

The inclusion of night flights is purely at the discretion of the applicant and it is not a requirement that PINS insists is included in the documentation to support a Development Consent Order "DCO". It is for the applicant alone to decide whether or not it's operation of the airport requires the inclusion of night flights or not. If an applicant included in the documentation supporting a DCO application a categoric statement that "Other than in the case of unplanned emergency situations outside of its control there would be no night flights required at Manston Airport" this would be acceptable within the DCO process, would be acceptable to PINS, would not prejudice the acceptance of the application for examination, would not prevent the project being considered to be one of Nationally Strategic Importance and would not predjudice any decision to be made by the Secretary of State.

Advice given

At present the Planning Inspectorate (the Inspectorate) has not received an application for a Development Consent Order for the Proposed Development at Manston Airport. In absence of an application, we are unable to comment on any proposed night flights requirements that the Applicant may apply for as part of an application for development consent. Any application including night flights must include an assessment of likely significant effects associated with night flights and that such an assessment should be based on appropriate parameters taking into account relevant uncertainty including any applicable worst case scenario. This advice has been duplicated in response to a several enquiries and is available to read in a number of locations under the ‘s51 advice’ tab on the project webpage eg: https://infrastructure.planninginspectorate.gov.uk/legislation-and-advice/register-of-advice/?ipcadvice=0045765226

As part of its consideration of any future application the Secretary of State must have regard to any Adequacy of Consultation Representation received from a relevant local authority consultee. If you have concerns regarding the consultation process, if you have not done so already we would advise that you contact your local authority with any representations regarding the adequacy of the consultation process carried out by the Applicant.