No, this is not a new type of TV or computer
screen. Many of you may have happened upon this abbreviation whilst reading the
planning section of the consultants report commissioned by Thanet District
Council about night flying proposals at Manston airport. The abbreviation
stands for Lawful Development Certificate and is issued by a local authority
when an applicant requests such a certificate based on a use which has been established for at least 10 years and is
subsisting on a site. The local authority is obliged to issue such a
certificate if the necessary conditions are met.
This goes a long way to explaining the current
unsatisfactory planning situation at Kent International Airport . Faced with a declining military
use for Manston airport the Ministry of Defence applied for LDCs to support the
changeover to civilian use, which had been happening in some parts of the
airport in parallel with the military use. Faced with such an influential
applicant, I think TDC conceded their position and relied on a loosely drafted
106 agreement in an attempt to control the situation.
Under normal circumstances an established use
LDC and a 106 agreement would be sufficient to control any future development
proposals. However in the case of night flights this is only an increase in
traffic movements, not really a planning matter, as “intensification” can only
be controlled if a material change of use can be proved. The 106 agreement does
not even require approval of a night flying policy only that one is submitted prior
to commencement. It therefore follows that Manston can commence night flying
tomorrow, having submitted a policy, hence night flying for the Olympics and
maybe after.
For those of you interested in this subject you may like to read a previous post of mine on the same subject here, it would appear now that I was not in possession of the full facts at the time and the title should have read "Night Flying Consultation UNNECESSARY!"
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