It is astonishing that in the 21st
century a substantial installation such as Manston Airport should continue to exist on the
basis of planning loopholes. Namely, Certificates of Lawful Development (LDCs) which
only establish that a certain planning use was subsisting at the time of
granting the certificates. To intensify such a use over succeeding decades must
surely be brought into question and subjected to open scrutiny in the form of
application for planning permission.
Planning legislation states that
“intensification“ can only be the grounds for a planning application if a
“material change of use” can be proved.
In the case of Manston Airport the “intensification” is in the
form of a night flying proposal which proposes to increase the number of
flights landing between 11pm and 6 am . The stated use of such flights is
to provide an opportunity for out of hours freight flights.
Passenger operations at the airfield are
currently declining from the withdrawal of scheduled flights to Manchester and Belfast, followed by a withdrawal of the
only remaining scheduled service at the airport, the Edinburgh route operated by FlyBe, coinciding
with an announcement by Flybe that it will be ceasing operations from Manston in
March 2012. With the reduction of passenger flights and an increase in freight
flights, Manston Airport is changing from a commercial airport with freight
services, as stated in their Master-plan and the original LDCs, to a freight
airport with occasional passenger flights. Each of these uses would fall separately into
the “Sui Generis” planning use category and therefore constitute a “material
change of use”.
A simple example can illustrate this fact. If a
developer purchases an assembly room, normally used for the congregation of
people and decides to change it into a storage warehouse for the congregation
of goods, this would constitute a “material change of use” Thanet District
Council is therefore within it's rights to insist on the submission of a planning
application in support of the night flight proposal to examine the material
change of use constituted by the intensified use of the airport for handling
freight.
It is incumbent upon the local authority to
take back the high ground in this planning matter at a crucial point in the
evolution of Manston Airport . Unless this substantial
installation which affects the lives of so many people in Thanet, is subjected
to the same planning scrutiny as the normal householder, the impartiality of
the local authority will always be under question.
A planning application in this matter would
provide a suitable platform for the transparent examination of night flights,
intensification, change of use, noise nuisance, noise monitoring, pollution,
pollution monitoring, airport safety zones and the effectiveness of controlling
an airport using a 106 agreement. This is what is necessary to satisfy affected
local residents that their legitimate rights and concerns have been adequately
considered.
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