Advice to Ackers Johnson
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- From
- Ackers Johnson
- Date advice given
- 7 June 2018
- Enquiry type
I am a bit puzzled as I can't see how RiverOak can acquire the whole airport if they claim they are only altering it. Thee environmental info said that the runway is only been resurfaced, not lengthened or changed (so no planning needed). The runway isn't incidental - it's fundamental - so not sure how main parts that are not being changed can be included under clause 6.
I could see how they could try to acquire the runway if they were claiming that whole thing is a new airport but they're not. Does this not mean that only existing airports can do DCOs for alterations, and if not, does that not mean every airport in the country could be at risk of hostile takeover by someone else with a plan to increase the size?
Advice given
“I could see how they could try to acquire the runway if they were claiming that whole thing is a new airport but they're not.”
Any airport would be unable to engage the thresholds in s23(5) of the Planning Act 2008 (PA2008) without an operational runway.
“Does this not mean that only existing airports can do DCOs for alterations…”
Only an existing airport, in land use terms, could engage s23(4) of the PA2008.
“…and if not, does that not mean every airport in the country could be at risk of hostile takeover by someone else with a plan to increase the size?”
It does not have to be the airport owner/operator that applies to alter an airport under s23 of the PA2008.