Legal opinion slams Lydd Airport
Published: 02-02-2009
The following is a press release from one of our partners, the Lydd Airport Action Group:
Press Release: Monday February 2nd, 2009
European Habitats Legal Opinion in LAAG’s Favour
A leading planning barrister, Matthew Horton QC has expressed a legal opinion in favour of Lydd Airport Action Group’s contention that Lydd Airport’s Master Plan should be taken into account in the assessment (Appropriate Assessment) which determines the adverse impact Lydd Airport’s expansion plans will have on the European protected habitats that surround its runway.
Lydd Airport’s Master Plan sets out the Airport’s long term objectives and states that the airport plans to grow numbers to 2million passengers per annum (2mppa), yet Lydd Airport’s planning application was only submitted on the basis of a maximum of 500,000 passengers per annum. Under the European laws that govern the relevant sites surrounding the airport - the Dungeness Special Area of Conservation (SAC) which runs along one side of the runway and the Dungeness to Pett Level Special Protection Area (SPA) which is located close to the airport’s boundary - the competent authority (in this case Shepway District Council) must assess all plans in combination to ascertain the cumulative adverse effects of all development on these sites.
Mr Horton believes that the Master Plan should be assessed in conjunction with the planning applications. This means Shepway District Council should base its assessment of the adverse impacts Lydd Airport’s expansion will have on the above European designated sites on the basis of 2million passengers per annum as opposed to the 500,000 passengers per annum indicated in its planning application. Currently Lydd Airport handles less than 3000 passengers per annum.
Matthew Horton’s legal opinion represents part of LAAG’s submission to the European Commission over Shepway District Council’s infringement of the European Habitats Regulations (see LAAG press release, December 8th, 2008).
Louise Barton
Lydd Airport Action Group
The Hook
Madeira Road
Littlestone
Kent, TN28 8QX
01797 361 548
www.lyddairportaction.co.uk
Notes to Editors:
(1) CV of Matthew Horton QC: http://www.39essex.com/index.php?pro_id=70
(2) Lydd Airport is surrounded by Natura 2000 habitats that are protected by European legislation to ensure the conservation of precious natural resources now and for generations to come. The Dungeness Special Area of Conservation (SAC) is designated under the Habitats Directive (1992) and the Dungeness to Pett Level Special Protection Area (SPA) under the Wild Birds Directive (1979). SACs and SPAs are referred to as European sites. The network of sites across the European Community is known as Natura 2000. These directives were transposed into UK law in 1994 and the resulting legislation commonly referred to as the Habitats Regulations.
(3) An Appropriate Assessment is a requirement of the Habitats Regulations. Its purpose is to assess the impacts of the plans and projects on internationally designated nature conservation sites.
(4) Lydd Airport is located less than three miles from the Dungeness Nuclear Power Complex with a height restriction of 2000ft and less than two miles from the Lydd Military Ranges (D044) with a height restriction of 4000 ft and eight miles from the Hythe Military Ranges, (D141) with a height restriction of 3200 ft.
(5) Lydd Airport submitted a planning application in December 2006 (Y06/1647/SH & Y06/1648/SH) for a 444m extension to its runway and a new terminal to increase its passenger numbers from <3000 per annum in 2007 to 500,000 passengers per annum (ppa). This planning application represents Phase1 of the airport’s Master Plan objective to increase passenger numbers to 2million passengers per annum (2mppa). Lydd Aiport has completed and submitted two rounds of supplementary environmental information since December 2006 as the information provided in the original planning application was inadequate and incomplete. Shepway District Council has requested a third round of supplementary environmental information from Lydd Airport and this is expected to be submitted to them in early February. The date of the planning application’s determination has yet to be determined.
(6) LAAG is an action group formed in late August 2004 to oppose the large scale development of Lydd Airport. LAAG has 2850 active members.