I am writing to let you know that I am most unhappy regarding the resent Consultations regarding the re-opening of the former Manston Airport - I strongly object on the grounds of noise and /or air pollution.
I have lived in my present home for over 30 years and I am under the flight path - when the airport was previously used there were very few flights and night flights were very few and far between but they did wake me up. I am extremely concerned that were the airport to re-open my health and well being will be compromised. Not to mention the value of my property would fall which would mean I would be unable to move should I wish to do so - which I do not.
I also feel that the manner in which some of the consultations have been conducted have been less than professional.
At these Consultations it would appear that:
1. No-one could tell what the procedure for compensation to residents for loss of value to homes would be.
2. My understanding is that additional presentations were added to the timetable of RSP events, yet when RSP were requested to have an additional event in Ramsgate they refused. Ramsgate was one of the areas where the Consultation was 2 hours shorter then many other areas.
3. Contradictory advice given during the consultations regarding the need for night flights.
4. RSP's failure to describe the proposal accurately.
The Planning Inspectorate cannot consider objections to a proposal at the Pre-application stage of the Planning Act 2008 (PA2008) process. For information about when and how to register as an Interested Party in the Examination (if an application is submitted and the Secretary of State decides that it is of a satisfactory standard to be examined), please see Advice Note Eight here: attachment 1
There is also no mechanism through which the Planning Inspectorate can influence an Applicant’s consultation at the Pre-application stage of the PA2008 process.
If you have not done so already, please provide your comments to the Applicant and your local authority. Local authorities have a special role in the PA2008 process, which I explain in the content of this advice.
The PA2008 places a number of duties on Applicants in respect of Pre-application consultation and all applications for development consent must be accompanied by a ‘Consultation Report’. The Consultation Report is prepared under section 37 of the PA2008 and must give details of:
a) what has been done in compliance with sections 42, 47 and 48 of the PA2008 in relation to an application;
b) any relevant responses; and
c) the account taken of any relevant responses.
In the Acceptance period (ie the 28 days following the formal submission of an application) the Planning Inspectorate will scrutinise all of the application documents, including the evidence provided in the Consultation Report, applying the statutory tests set out in s55 of the PA2008. By the end of the Acceptance period the Planning Inspectorate (on behalf of the Secretary of State) must decide, in accordance with the tests in s55 of the PA2008, whether or not an application is of a satisfactory standard to be examined.
In reaching the above decision, s55(4) makes explicit that the Planning Inspectorate must have regard to the Consultation Report and any Adequacy of Consultation Representations made by local authority consultees. Adequacy of Consultation Representations are defined by s55(5) of the PA2008 as representations about whether the applicant complied with its duties under sections 42, 47 and 48. They are requested from all relevant local authorities on receipt of an application for development consent.
To that end, in providing your comments to your local authority they may be considered in the Council’s preparation of its Adequacy of Consultation Representation; if an application is submitted to the Planning Inspectorate.
In respect of night flights, the Planning Inspectorate has access to the same information as the local community and statutory consultees ie the Applicant’s Scoping Report states at paragraph 11.6.10 that “The airport will be operational during the day and may be operational to some extent at night. The noise generated due to this activity may give rise to potentially significant effects”. If night flights are proposed for the airport, the likely significant effects will need to be assessed by the Applicant as part of its Environmental Impact Assessment and presented in the Environmental Statement.
In respect of compensation claims, please refer to extant advice available here:
The Planning Inspectorate's Scoping Opinion at paragraphs 2.34 through 2.51 provided advice to the Applicant in respect of the description of the proposed development: attachment 3