Would an individual homeowner or business proprietor have to claim compensation within specific time scales related to the progress of the DCO application?
Are there other instances of busy airports with a significant airfreight component where the runway approach makes overlying an architectural conservation area unavoidable and if so how was the issue resolved?
In respect of claims for compensation, this is a matter dealt with outside of the Planning Act 2008 (PA2008) process. Matters of financial compensation do not fall to be considered during the scope of the Examination which is limited to the consideration of whether the proposed Compulsory Acquisition powers meet the tests set out in the PA2008. Broadly such claims can be made by persons or organisations whose land or whose rights in land could be affected by a Proposed Development. Their land or rights may not be subject to Compulsory Acquisition powers sought in an application or indeed be within the land to which an application relates, but they may have a right to compensation under either Part 1 of the Land Compensation Act 1973, s10 of the Compulsory Purchase Act 1965 or s152 of the PA2008, if their land or interest is affected by the development.
The issue of compensation could arise in the event that development consent is granted, and the Applicant implements the Development Consent Order (DCO). As these matters are governed by the relevant compulsory purchase legislation (see above), the claim and any associated amount of compensation may be something for the Upper Tribunal (Lands Chamber) to consider. However, the adequacy of funding to meet any likely future compensation liabilities arising from the implementation of a DCO, and any mechanisms proposed by the applicant to secure the funding, are issues which would be considered by the Examining Authority as part of an Examination.
There are no precedents for development under s23 of the PA2008, and it is not within the remit of the Planning Inspectorate to comment on the operations of existing airports.