Capital Investment Plan 2009 - Heathrow Airport

• Consideration of the role of consumer representation at a national and airport level;
and
• Valuable safeguards that the introduction of Special Administration and ring-fencing
would offer for a small number of airports.
On the 9 th March 2009 the DfT published “Reforming the framework for the economic
regulation of UK airports”.
This possible impacts on HAL with regard to the investment plan stated in this
document for Q6 and beyond are made without prejudice to the above detailed review
and any legislative or regulatory amendments that may arise as a result.
The airline community have expressed 24 a desire to see consultation on future regulation
issues to ensure joint understanding of the emerging issues and minimise any resultant
possible ambiguity.
4.3 Other Relevant Issues
4.3.1 Town and Country Planning
All development is regulated by primary legislation set out in the 1990 Planning Act.
Secondary legislation, such as the General Permitted Development Order (GPDO) 1995,
further defines what types of development may require planning permission, including
aviation development. Generally, any development at Heathrow involving the extension
of a runway or terminal, the provision of a new terminal, or a non-operational building
(i.e. not connected to the operation or function of the airport) will require planning
permission in the normal manner.
Any development requiring planning permission, and likely to cause a significant
environmental impact, could also be subject to the Environmental Impact Assessment
(EIA) process, whereby the planning application would need to be accompanied by an
Environmental Statement setting out all likely significant environmental impacts arising
from the development. The requirements for EIA are also set out in secondary legislation
but in respect of Heathrow, only usually apply to major projects, such as substantial new
stand capacity or new terminal buildings.
The General Permitted Development Order (GPDO) defines what types of development
at an airport can be regarded as ‘permitted development’, i.e. development not
requiring planning permission. Generally, this is defined as development, undertaken by
the airport operator, on operational land, required in connection with the operation of
the airport. This covers most forms of airport related development, such as; new aircraft
hangars, industrial and cargo buildings, multi-storey car parks, office buildings, aircraft
stands, piers and satellites.
Although ‘permitted development’ does not require planning permission, there is a
requirement to consult the planning authority, which means following the same process
as a planning application, albeit that the planning authority cannot refuse approval for
the development. This does not however prevent the planning authority from objecting
to specific developments and, in extreme cases, the planning authority could request the
Secretary of State to remove Hal’s permitted development rights should there be a clear
abuse of it’s powers in this respect. There is also the possibility that any permitted
development over 1ha in site area, and likely to cause a significant environmental
24
At the Special CIPWG held 27 th February 2009.
Internal File Name: 0903XX-CIP 2009 Main Document-V71-IG 31