statement of case on behalf of the local planning authority (final) 19.8

London Borough of Newham

Newham Dockside

1000 Dockside Road

London E16 2QU

Statement of Case on behalf of

the Local Planning Authority

APPEAL BY: London City Airport Limited

SITE AT: London City Airport, Hartmann

Road, Royal Docks, London, E16 2PX

APPEAL AGAINST THE REFUSAL OF

PLANNING PERMISSION FOR WORKS TO

DEMOLISH EXISTING BUILDINGS AND

STRUCTURES AND PROVIDE ADDITIONAL

INFRASTRUCTURE AND PASSENGER

FACILITIES (INCLUDING TAXIWAY

EXTENSION, FOUR UPGRADED AIRCRAFT

STANDS, SEVEN NEW AIRCRAFT STANDS,

TERMINAL EXTENSION, NEW

PASSENGER PIER AND ASSOCIATED

FACILITIES

LPA Reference 13/01228/FUL

PINS Ref: APP/G5750/W/15/3035673

19 August 2015

Statement of Case on behalf of the Local Planning Authority

Contents 1.0 Introduction ................................................................................................................................ 1

2.0 Site and Surroundings ................................................................................................................. 2

3.0 Relevant Planning History ........................................................................................................... 2

4.0 Relevant Planning Policy ............................................................................................................. 5

National Planning Policy ..................................................................................................................... 5

London Plan ........................................................................................................................................ 9

Newhams Local Plan The Core Strategy ........................................................................................ 10

London Borough of Newham Unitary Development Plan ................................................................ 11

Additional Policy and Guidance ........................................................................................................ 11

5.0 Mayors Direction for Refusal ................................................................................................... 13

6.0 The Councils Position ............................................................................................................... 14

Principle of Development ................................................................................................................. 15

Development over the KGV Dock ..................................................................................................... 15

Need .................................................................................................................................................. 15

Noise ................................................................................................................................................. 16

Air Quality ......................................................................................................................................... 16

Surface Transport .............................................................................................................................. 17

Design ................................................................................................................................................ 17

Contamination and Waste ................................................................................................................ 17

Climate Change ................................................................................................................................. 18

Sustainability ..................................................................................................................................... 18

Accessibility ....................................................................................................................................... 18

Biodiversity ....................................................................................................................................... 19

Flood Risk .......................................................................................................................................... 19

Airport Safeguarding ......................................................................................................................... 19

Health Impacts .................................................................................................................................. 19

Balance .............................................................................................................................................. 19

7.0 Conditions and s106 Obligation ................................................................................................ 20

8.0 Conclusion ................................................................................................................................. 20

9.0 Facilities for Inspection ............................................................................................................. 21

10.0 Appendices ................................................................................................................................ 21

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1.0 Introduction

1.1 This appeal is made by London City Airport Limited (the Appellant) against the decision of

the local planning authority (LPA), London Borough of Newham, following the direction of the

Mayor of London to refuse planning permission for:

Works to demolish existing buildings and structures and provide additional infrastructure

and passenger facilities at London City Airport. Detailed planning permission is being sought

for:

a) Demolition of existing buildings and structures;

b) 4 no. upgraded aircraft stands and 7 new aircraft parking stands;

c) Extension and modification of the existing airfield, including the creation of an extended

taxi lane;

d) Emergency vehicle access point over King George V Dock;

e) Replacement landside Forecourt to include vehicle circulation, pick up and drop off areas

and hard and soft landscaping;

f) Eastern Extension to the existing Terminal Building (including alteration works to the

existing Terminal);

g) Construction of a 3 storey passenger pier to the east of the existing Terminal;

h) Erection of Noise Barriers;

i) Western Extension and alterations to the existing Terminal;

j) Western Energy Centre, storage, ancillary accommodation and landscaping;

k) Facilitation Works including temporary coaching facility and extension to the outbound

baggage area;

l) Upgrading works to Hartmann Road;

m) Passenger and staff parking, car hire parking, taxi feeder park and ancillary and related

work;

n) Eastern Energy Centre;

o) Dock Source Heat Exchange System within King George V Dock; and

p) Ancillary and related work.

1.2 The Mayors letter directing the LPA to refuse planning permission was dated 26 March 2015

and the application was refused on 12 May 2015.

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2.0 Site and Surroundings

2.1 London City Airport covers an area of 48.5 hectares located to the north of the River Thames

and surrounded by the Royal Albert Dock and the King George V (KGV) Dock.

2.2 The Airport includes the runway, apron (17 stands for scheduled aircraft including four

capable of accommodating the Airbus A318 [the largest aircraft currently operating from the

airport] and a holding point for three aircraft at the eastern end of the runway), main

passenger terminal (including check-in facilities, ticket desks, departure lounge, baggage

reclaim, security, immigration and customs, shops and catering outlets), two passenger piers,

the Jet Centre (a corporate aviation building located on the western side of the Airport) and

other operational buildings (including a fire station, ground handling facilities).

2.3 The main access to the Airport is via Hartmann Road, an unadopted road, connecting to

Connaught Road to the west. The Airport is also connected to the public transport network

via the Docklands Light Railway (DLR) with the DLR station linking directly into the terminal

and providing services to Bank, Canary Wharf and Stratford International.

3.0 Relevant Planning History

3.1 A summary of the relevant planning application history was provided in the report to the

Strategic Development Committee of 3 February 2015, and is set out in the table below:

Ref. No. Description Status N/82.104 Outline planning permission granted (subject

to s52 agreement for LCA (or STOLport) Permission was restricted to 30, 160 Air Transport Movements (ATMs) per year Included a noise control system

Granted May 1985

LRPG4/G57501/01; LRP219/J9510/017

Planning permission granted for the extension of the existing runway and variation of conditions attached to the original 1985 planning permission: Introduced the concept of noise factoring setting out 5 categories of noise with each category assigned a noise factor weighting. Each type of aircraft using the Airport must be placed in the relevant category. Permission restricted to 36,000 ATMs and 36,000 noise factored movements per calendar year.

September 1991

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Ref. No. Description Status This consent included a s106 Agreement, which removed the permitted development rights from the Hangar Land.

P/97/0826 Planning permission granted (subject to s106 Agreement) for the variation of conditions attached to the original 1985 planning permission. Permission restricted to 73,000 ATMs and 73,000 noise factored movements per calendar year. Condition 15 added between 06.30 and 06.59 hours on Monday to Saturdays (excluding Bank Holidays and Public Holidays when the airport will be closed between these times) the number of air transport movements shall not exceed 6 on any day.

Granted July 1998

P/00/1323 Planning permission granted (subject to s106 Agreement) for Operational Improvement Programme (OIP), including construction of runway 28 hold, with associated protective boom, eastern apron extension, associated link to runway, extension of pier /noise mitigation barrier. This permission related to the physical works required to provide 73,000 ATM per calendar year (as permitted by 1998 permission).

Granted Feb 2003

03/1096 Approval of Reserved Matters attached to the Transport and Works Act 1992 dated 21/07/2003 relating to the construction of the DLR station.

Granted Nov 2003

06/01310/VAR Planning permission granted (subject to s106 Agreement) for the variation of conditions 13 of the 1998 planning permission and; Varied daily limits, whilst retaining the overall limit of 73,000 ATMs. Consent was a 3 year temporary period which expired on the 11th July 2010.

Granted July 2007

07/01510/VAR Planning permission granted (under Section 73 of the Town and Country Planning Act 1990) for variation of conditions 13 and 15 of the outline planning permission no. N/82/104 dated 23 May 1985, as previously varied by the Secretary of State on the 26th September 1991 and by the London Borough of Newham on the 21st July 1998 and 11th July 2007, to allow up to 120,000 total aircraft movements per annum (number of total movements in

Granted July 2009

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Ref. No. Description Status 2006 was 79,616) with related modifications to other limits including noise factored movements.

09/01536/FUL Change of use of warehouse (Class B8) adjacent to King George V DLR station at London City Airport to fuel Transfer Operation (Sui Generis)

Granted January 2010

11/00701/FUL Erection of buildings for the reprovision of worker accommodation together with ancillary works including the erection of fence and gates, car parking, resurfacing and lighting.

Granted June 2011

12/00892/VAR Variation of Condition 2 (Drawings), Condition 3 (Site investigation) and Condition 4 (Noise Barrier) attached to planning permission 11/00701/FUL.

Granted June 2012

13/00267/FUL Reprovision of Stand 11, insulation of noise barrier, hardstanding and associated works.

Granted April 2013

13/02311/VAR Section 73 application to amend condition 2 (to allow existing buildings to be retained for an additional temporary period up to 30th December 2018) and delete condition 4 (previously satisfied requirement to submit ground contamination report) of planning permission 12/00892/VAR which consented the erection of buildings for the re-provision of worker accommodation together with ancillary works including the erection of fence and gates, car parking, resurfacing and lighting for a temporary period up to 30 June 2014.

Granted Feb 2014

3.2 In addition to the application that is the subject of this appeal an outline planning application

for the erection of a 260 bedroom hotel with ancillary flexible A1-A4 space at ground floor,

meeting/conference facilities together with associated amenity space, landscaping, plant and

ancillary works was submitted to the LPA. This was also considered at the Strategic

Development Committee of 3 February 2015 with a resolution to grant subject to conditions

and the completion of a legal agreement covering education, employment and training

contribution and an environmental monitoring fee (LBN ref: 13/01373/OUT). The planning

permission has yet to be issued.

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4.0 Relevant Planning Policy

4.1 Relevant national, regional and local planning and aviation policy was set out in the report to

the Strategic Development Committee of 3 February 2015.

4.2 There has been a change to various planning policy documents since the application was

considered by the Strategic Development Committee. Those policies that were considered

relevant at the time of the Strategic Development Committee are detailed below, together

with relevant policies from the emerging or recently adopted planning policy documents.

4.3 For the purposes of Section 38(6) of the Planning and Compulsory Purchase Act 2004, the

development plan in force for the area is: the London Plan, The Spatial Development Strategy

for Greater London, adopted with alterations since 2011 (published March 2015); Newhams

Local Plan the Core Strategy (adopted January 2012); and the London Borough of Newham

Unitary Development Plan (adopted June 2001, policies saved by the Secretary of State in

2007 and not deleted on adoption of the Core Strategy in January 2012).

National Planning Policy 4.4 The main national policy document referred to in the report to the Strategic Development

Committee was the National Planning Policy Framework (NPPF). However, additional

national policy and guidance was also referred to in section 8.8 of the report, including: The

Plan for Growth (March 2011), Aviation Policy Framework (March 2013) and the National

Infrastructure Plan (December 2013).

4.5 The Aviation Policy Framework (APF) sets out the Governments objectives and principles to

guide plans and decisions at the local and regional level. In the short term, to around 2020,

the APF proposes a strategy based on a suite of measures, focused on:

making best use of existing capacity to improve performance, resilience and the

passenger experience;

encouraging new routes and services;

supporting airports outside the South East to grow and develop new routes; and

better integrating airports into the wider transport network. (paragraph 1.60)

4.6 The APF recognises the contribution of aviation to the UK economy and seeks to maintain the

UKs hub capability as well as developing point-to-point links from other airports. The APF

also addresses the environmental impacts of aviation, recognising global impacts, such as

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climate change, and local environmental impacts such as noise, air pollution and surface

access congestion. The APF sets out the Governments overall policy on aviation noise, which

is to limit and, where possible, reduce the number of people in the UK significantly affected

by aircraft noise (paragraph 3.12).

4.7 More recently the Airports Commission, chaired by Sir Howard Davies, has produced its final

report (July 2015), having been set up in 2012 with a brief to make recommendations which

will allow the UK to maintain its position as Europes most important aviation hub. The

report considers the opportunity to make best use of existing capacity at Londons airports,

including reference to London City Airport (paragraphs 16.50 16.52).

4.8 The following paragraphs of the NPPF are considered relevant:

Achieving sustainable development. 2 The National Planning Policy Framework as a material consideration in planning decisions 3 National policy statements as a material consideration in decisions on planning applications 7 Roles of the planning system: Economic, Social and Environmental 8 Guiding development to sustainable solutions 9 Pursuing sustainable development 10 Taking account of local circumstances for achieving sustainable development

The presumption in favour of sustainable development: 11 Accordance with the development plan unless material considerations indicate otherwise 13 The NPPF as guidance for local planning authorities and as a material consideration in determining applications 14 Presumption in favour of sustainable development 15 Presumption in favour of sustainable development 16 Implications of presumption of sustainable development on community engagement in neighbourhood planning

Core planning principles: 17 Core land-use planning principles

Delivering sustainable development: 18 Securing economic growth 19 Supporting sustainable growth 20 Meeting the needs of business and supporting an economy fit for the 21st century

Ensuring the vitality of town centres: 24 Sequential test for main town centre uses 27 Refusal of applications that fail to satisfy the sequential test or those likely to have significant adverse impact

Promoting sustainable transport: 29 Maximising sustainable transport solutions 30 Facilitating sustainable modes of transport 32 Transport Statement / Transport Assessment 33 Planning for ports, airports and airfields

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34 Location of developments that generate significant movement 35 Protect and exploit opportunities 36 Travel Plans 37 Land use balance to minimise journey lengths 39 Local parking standards 41 Identification and protection of infrastructure to widen transport choice

Requiring good design: 56 Good design 57 High quality and inclusive design 58 Setting out the quality of development 59 Design codes 60 Consideration of architectural style 61 Addressing connections between people and places 62 Local design review 63 Outstanding or innovative design 64 Refusal of development of poor design 65 Consideration of applications which promote high levels of sustainability 66 Consideration of applications where Applicants have worked closely with those directly affected by their proposals

Promoting healthy communities: 69 Facilitating social interaction and creating healthy, inclusive communities 70 Delivery of social, recreational and cultural facilities and services

Meeting the challenge of climate change, flooding and coastal change: 93 Resilience to the impacts of climate change 94 Climate change strategies and mitigation 95 Low carbon future 96 Decentralised energy supply and minimising energy consumption 97 Use and supply of renewable and low carbon energy 98 Consideration of applications for energy development 99 Climate change over the long term 100 Flood risk 101 Strategic Flood Risk Assessment and the Sequential Test 102 Strategic Flood Risk Assessment and the Exception Test 103 Flood risk assessment 104 Application of the Sequential Test and the requirements for site specific flood risk assessments

Conserving and enhancing the natural environment: 109 Contribution to and enhancement of the natural and local environment 111 Effective use of land and consideration of environmental value 117 Minimising impacts on biodiversity and geodiversity 118 Conservation and enhancement of biodiversity 120 Prevention of unacceptable risks form pollution and land instability 121 Contaminated land 122 Contaminated land assumption that pollution control regimes will operate effectively 123 Noise, health and quality of life 124 Air quality 125 Light pollution

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Conserving and enhancing the historic environment: 126 Conservation and enjoyment of the historic environment 128 Heritage assets 129 Conservation of heritage assets 131 Heritage assets 132 Considering the impact on heritage assets 133 Consideration of development that will lead to substantial harm to or total loss of significance of a designated heritage asset 134 Consideration of development that will lead to less than substantial harm to the significance of a designated heritage asset 135 Taking account of the effect of an application on the significance of a non-designated heritage asset 136 Ensuring new development will proceed where there is loss of the whole or part of a heritage asset 139 Policy consideration of non-designated heritage assets of archaeological interest 140 Securing the future conservation of heritage assets

Plan-making: 150 Planning decisions must be taken in accordance with the development plan unless material considerations indicate otherwise

Planning strategically across local boundaries: 178 Public bodies duty to cooperate on planning issues

Decision-taking: 186 Positive approach to decision-taking 187 Approval of sustainable development where possible

Determining applications 196 Determination in accordance with the development plan, unless material considerations indicate otherwise 197 Presumption in favour of sustainable development

Planning conditions and obligations: 203 Use of conditions and obligations 204 Planning obligations tests 205 Planning obligations sufficient flexibility 206 Planning conditions tests

4.9 Paragraph 123 of the NPPF makes reference to the Noise Policy Statement for England

(March 2010) which sets out the Governments long term vision of noise policy. The NPSE

aims to manage and control noise within the context of Government policy on sustainable

development, thereby: avoiding significant adverse impact on health and quality of life;

mitigating and minimising the impacts; and where possible contributing to an improvement

of health and quality of life.

9


London Plan 4.10 The London Plan (adopted July 2011) Spatial Development Strategy for Greater London,

including revised early minor alterations published 11 October 2013 and Draft Further

Alterations to the London Plan (FALP) 2014 was the relevant regional planning policy at the

time of the Strategic Development Committee on 3 February 2015. The policies that were

considered relevant were:

Policy 1.1 Delivering the strategic vision and objectives for London Policy 2.1 London in Its global, European And United Kingdom context Policy 2.2 London and the wider metropolitan area Policy 2.3 Growth Areas and Coordination Corridors Policy 2.4 The 2012 Games and their legacy Policy 2.7 Outer London: Economy Policy 2.8 Outer London: Transport Policy 2.9 Inner London Policy 2.14 Areas for regeneration (Royal Docks and Beckton Waterfront) Policy 2.15 Town Centres Policy 2.18 Green infrastructure: the network of open and green spaces Policy 3.1 Ensuring equal life chances for all Policy 3.2 Improving health and addressing health inequalities Policy 4.1 Developing Londons economy Policy 4.12 Improving opportunities for all Policy 5.1 Climate change mitigation Policy 5.2 Minimising carbon dioxide emissions Policy 5.3 Sustainable design and construction Policy 5.5 Decentralised energy networks Policy 5.6 Decentralised energy in development proposals Policy 5.7 Renewable energy Policy 5.8 Innovative energy technologies Policy 5.10 Urban greening Policy 5.11 Green roofs and development site environs Policy 5.12 Flood risk management Policy 5.13 Sustainable drainage Policy 5.14 Water quality and wastewater infrastructure Policy 5.15 Water use and supplies Policy 5.16 Waste self-sufficiency Policy 5.17 Waste capacity Policy 5.18 Construction, excavation and demolition waste Policy 5.20 Aggregates Policy 5.21 Contaminated land Policy 6.1 Strategic approach (transport) Policy 6.3 Assessing effects of development on transport capacity Policy 6.4 Enhancing Londons transport connectivity Policy 6.5 Funding Crossrail and other strategically important transport infrastructure Policy 6.6 Aviation Policy 6.9 Cycling Policy 6.10 Walking

10


Policy 6.12 Road network capacity Policy 6.13 Parking Policy 6.14 Freight Policy 7.1 Building Londons neighbourhoods and communities Policy 7.2 An inclusive environment Policy 7.3 Designing out crime Policy 7.4 Local character Policy 7.5 Public realm Policy 7.6 Architecture Policy 7.7 Location and design of tall and large buildings Policy 7.8 Heritage assets and archaeology Policy 7.13 Safety, security and resilience to emergency Policy 7.14 Improving air quality Policy 7.15 Reducing noise and enhancing soundscapes Policy 7.18 Protecting local open space and addressing local deficiency Policy 7.19 Biodiversity and access to nature Policy 7.20 Geological conservation Policy 7.24 Blue Ribbon Network Policy 7.26 Increasing the use of the Blue Ribbon Network for freight transport Policy 7.27 Blue Ribbon Network: supporting infrastructure and recreational use Policy 7.28 Restoration of the Blue Ribbon Network Policy 7.29 The River Thames

4.11 Since the Committee meeting the London Plan (March 2015) consolidated with alterations

since 2011 has been adopted and published. Unless specifically listed below, all the policies

listed above from the FALP have been carried forward into the March 2015 London Plan.

Policy 2.18 has been retitled Green infrastructure: the multi-functional network of green and open spaces (otherwise no change) Policy 5.16 has been retitled Waste net self-sufficiency (otherwise no change) Policy 5.17 Waste capacity (additional section [d] added in B Planning Decisions, namely minimising waste and achieving high reuse and recycling performance) Policy 6.4 Enhancing Londons Transport Connectivity (additional section [d] added in B Strategic, namely implementing a high frequency London wide service on the national rail network) Policy 6.10 Walking now includes a reference to Transport for Londons Pedestrian Design Guidance and a slightly reworded section (a) in C LDF Preparation Policy 7.1 has been retitled Lifetime Neighbourhoods (otherwise no change) Policy 7.15 has been retitled Reducing and managing noise, improving and enhancing the acoustic environment and promoting appropriate soundscapes (otherwise no change) Policy 7.18 has been retitled Protecting open space and addressing deficiency (otherwise no significant change less emphasis on publicly accessible)

Newhams Local Plan The Core Strategy 4.12 Relevant policies from the Newham Core Strategy are:

S1 Spatial Strategy S3 Royal Docks

11


S5 Beckton SP1 Borough-wide Place-making SP2 Healthy Neighbourhoods SP3 Quality Urban Design within Places SP5 Heritage and Successful Place-Making Assets SP6 Successful Town and Local Centres J1 Investment in the Economy J3 Skills and Access to Employment SC1 Climate Change SC2 Energy SC3 Flood Risk SC4 Biodiversity INF2 Sustainable Transport INF4 Local Heat and Power Networks INF7 Blue Ribbon Network INF9 Infrastructure Delivery

London Borough of Newham Unitary Development Plan 4.13 The London Borough of Newham Unitary Development Plan was adopted in 2001, with

policies being saved by the Secretary of State in 2007. Upon the adoption of the Core

Strategy on 26 January 2012 a number of policies were superseded. Those policies that

remained saved and are relevant to the appealed scheme are listed below:

EQ2 Waterside Access EQ3 Waterside Commercial Development EQ5 Waterway Structures EQ10 Species Protection EQ15 Tree Planting in New Development EQ43 Archaeology: Investigation, Excavation and Protection EQ45 Pollution EQ47 Noise Impact Statement EQ48 Noise-Sensitive Development EQ49 Contaminated Land: Assessment, Remediation and Monitoring EMP7 Local Employment Areas: Preferred Uses T30 Restriction of Development within the Airport Safeguarding Area T31 Effect of Airport on new Noise-Sensitive Development Proposals

Additional Policy and Guidance 4.14 On 21 July 2015 the LLDC Local Plan was adopted by the Legacy Corporation Board, setting

out a strategy for sustainable development in its area (including part of the London Borough

of Newham). Since the LLDC Local Plan does not extend as far as the appeal site, its

relevance is limited.

4.15 The consultation on the draft version of the London Borough of Newham Detailed Sites and

Policies Development Plan Document concluded on 14 August 2015. At this stage limited

12


weight is given to policies in this DPD, though greater weight will be attached to the

emerging policies as the DPD progresses, with adoption anticipated in spring 2016. The

policies that are relevant are:

SP8 Ensuring Neighbourly Development SP9 Recognising Cumulative Impact SC5 Maximising Sustainable Design

4.16 Additionally the Detailed Sites and Policies Development Plan Document includes a number

of proposed site allocations in proximity to the appeal site, including:

LIL5: Land East of London City Airport (function for logistics and transport) LIL12: Albert Island (function B Class and other industrial type uses) HSG27-33 sites to the south of the airport allocated for residential development

4.17 In addition the following other policy and guidance documents are considered relevant:

Noise Policy Statement for England March 2010 Plan for Growth March 2011 Aviation Policy Framework March 2013 Airports Commission: Final Report July 2015 National Infrastructure Plan December 2014 (consolidating and building on progress since the first NIP was published in 2010) Joint Waste Development Plan for the East London Waste Authority Boroughs (Adopted February 2012) Sustainable Design and Construction SPG, Mayor of London (April 2014) Use of planning obligations in the funding of Crossrail, and the Mayoral Community Infrastructure Levy, Mayor of London (April 2013) Biodiversity Strategy Connecting with nature SPG, Mayor of London (July 2002) National Planning Practice Guidance (NPPG) Air quality NPPG Climate change NPPG Conserving and enhancing the historic environment NPPG Consultation and pre-decision matters NPPG Design NPPG Determining a planning application NPPG Duty to cooperate NPPG Environmental Impact Assessment NPPG Flood Risk and Coastal Change NPPG Health and wellbeing NPPG Land affected by contamination NPPG Light pollution NPPG Local Plans NPPG Making an application NPPG Natural Environment NPPG Noise NPPG Planning obligations

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5.0 Mayors Direction for Refusal

5.1 On 3 February 2015 the application that is subject to this appeal, together with the outline

application for the 260 bedroom hotel, was reported to the London Borough of Newhams

Strategic Development Committee.

5.2 The Strategic Development Committee agreed the following:

1. the reasons for approval as set out in the report and resolved to GRANT planning

permission, subject to conditions and the completion of a legal agreement under s106 of

the Town and Country Planning Act 1990 (as amended);

2. gave delegated authority to the Head of Planning and Development Commissioning and

Regeneration to finalise the planning conditions and to approve the wording without

changing their purpose or intention, a draft list of which was included at Appendix 1 of the

officer report (and then updated through the Committee update (Appendix 1));

3. subject to 2 above, gave authority to refer the application to the Mayor of London (the

GLA) as a Stage 2 referral under Article 5 of the Mayor of London Order 2008, advising

that the Council is minded to approve the application; and,

4. subject to the Mayor of London (or delegated authorised officer) advising that he is

content to allow the Council to determine the case itself and does not wish to direct

refusal, or to issue a direction under Article 7 that he is to act as the local planning

authority for the purpose of determining the application, authorised referral of the

application to the Secretary of State in accordance with the Town and Country Planning

(Consultation) (England) Direction 2009 as an application which is not in accordance with

one or more provisions of the development plan; and

5. subject to Secretary of State determining that the Council may determine the application,

delegated authority to the Head of Planning, Development Commissioning and

Regeneration to grant planning permission subject to the completion of a legal agreement

under s106 of the Town and Country Planning Act 1990 (as amended), based on the

Heads of Terms identified at Appendix 2 of the report as updated by the update report,

and the Conditions listed in Appendix 1 of the update report.

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5.3 The application, together with the 260 bedroom hotel outline application, was referred to

the Mayor of London as a Stage 2 referral under Article 5 of the Mayor of London Order

2008, advising that the Council was minder to approve the application.

5.4 The Greater London Authoritys officer Stage 2 report, dated 25 March 2015, recommended

to the Mayor that:

Newham Council be advised that the Mayor is content for it to determine the applications

itself, subject to any action that the Secretary of State may take, and does not therefore wish

to direct refusal or direct that he is to be the local planning authority for either application.

5.5 However, the Mayor issued his direction letter on 26 March 2015, directing the Council to

refuse planning permission for the following reason:

Application 13/01228/FUL is contrary to London Plan policies 6.6 (Aviation) and 7.15

(Reducing and managing noise, improving and enhancing the acoustic environment and

promoting appropriate soundscapes), as it does not adequately mitigate and manage its

adverse noise impacts.

6.0 The Councils Position

6.1 The officers report to the Strategic Development Committee, together with the committee

update report clearly set out the position of the Council to the application proposals that

were considered in February 2015. The minutes of the Strategic Development Committee

summarise the discussions, deliberations and resolution in relation to the documents and

plans that were presented by officers to the Committee.

6.2 A letter of 31 July 2015 from the agents for London City Airport Limited to the Planning

Inspectorate indicated that the Appellant proposed to submit a revised Environmental

Statement in the week commencing 7 September 2015. This Environmental Statement will

be subject to public consultation in accordance with the Town and Country Planning

(Environmental Impact Assessment) Regulations 2011. Any changes to the proposed

development, or effects identified by the revised environmental impact assessment, may

have to be reported to the Councils Strategic Development Committee. The Council,

therefore, reserves its position in relation to the new information that will be submitted.

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6.3 The main issues that were identified in relation to the application reported to the Strategic

Development Committee on 3 February 2015 related to: principle of development;

development over the KGV Dock; need; noise; air quality; surface transport; design;

contamination; waste; climate change; sustainability; accessibility; biodiversity; flood risk;

airport safeguarding; and health impacts.

Principle of Development 6.4 The report to the Strategic Development Committee noted national, regional and local

policies are aligned with regard to aviation policy. They seek to optimise existing airport

capacity by improving performance, resilience and passenger experience, whilst ensuring

that benefits to the aviation sector of future growth are shared with local communities.

6.5 The proposals, involving the making better use of existing capacity and the improvement of

passenger facilities would overtime enable the noise contours to shrink, through greater

control over noise impacts via the proposed planning conditions, thereby ensuring that

benefits are passed on to the public. The principle of the proposed development was

therefore considered acceptable.

Development over the KGV Dock 6.6 The development over the KGV Dock was considered to be in conflict with policy, though

little weight was attached to this given the lack of public access to the dock and the limited

recreational activities offered by the Dock.

6.7 Additionally, although the Dock is not statutorily protected, it was recognised that there is a

local heritage conflict. The inclusion of an obligation within the s106 Agreement to reverse

the development in the future, upon the airport operation ceasing, would ensure that this

impact was not permanent.

Need 6.8 The predicted increase in passenger numbers to 2023 was included in the Needs Statement

submitted with the application, together with the forecast of Air Traffic Movements (ATMs).

The assumptions were considered to be reasonable, though there were some inconsistencies

and accordingly a condition is proposed to cap passenger numbers. The Environmental

Statement included assumptions about total numbers of ATMs (111,000 ATMs) and to reflect

the assessment criteria and ensure that greater impacts to the local, and wider, population

do not result, a condition capping the total number of movements was also proposed.

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6.9 The Appellant indicated that to carry out construction works only during operational hours

would result in the closure of the airport for a prolonged period of time, which would be

likely to be financially prohibitive. Consequently there was a need for some out of hours

construction activity (at night and on the weekend), though the Council proposed limitations

to provide residents with respite from some of the more onerous and intrusive works, such

as piling.

Noise 6.10 The Appellants noise assessment indicated that the with development and without

development scenarios to 2023 would not result in a significant increase in noise exposure.

However, the Environmental Statement was assessed against 111,000 actual ATMs and it was

considered that there was potential for growth beyond this, with a need to avoid Significant

Observed Adverse Effect Levels and to mitigate and minimise noise above Lowest Observed

Adverse Effect Levels (reflecting policy and guidance in the NPPG Noise and the NPSE). Thus

a runway capacity cap condition was proposed. Additionally the population living within the

contours would continue to increase and so an enhanced sound insulation scheme would

need to be secured through the s106 Agreement.

6.11 Noise impacts to open spaces and recreational spaces could not be mitigated against,

resulting in a negative residual impact. The proposed s106 Agreement included a

compensatory contribution towards the enhancement of open spaces within the area most

affected by noise.

6.12 The 2023 with development scenario would also see a 25% increase in air noise in the peak

periods (morning and late afternoon/early evening). The Council proposed a condition to

limit the number of ATMs per hour and thereby the number of properties and residents

exposed to the higher noise levels during the peak periods.

6.13 The Appellants Statement of Case notes the other noise control measures that the Council

proposed (paragraphs 6.6-6.7). The Council proposed a comprehensive set of planning

conditions to control the effects of noise and disturbance associated with the development.

Air Quality 6.14 The Environmental Statement included a comprehensive assessment of air quality impacts,

which concluded that the overall impact of the proposed development would be

insignificant, with all predicted concentrations of NO2, PM10 and PM2.5 below objectives

17


and limit values. The Council concluded that through the imposition of appropriate

conditions any negative impacts could be suitably mitigated.

Surface Transport 6.15 The scope and methodology of the Transport Assessment that accompanied the application

was agreed with the Council and Transport for London (TfL). The assessment was considered

robust and TfL raised no objection in principle on highway impact grounds subject to

satisfactory wayfinding and signage being introduced (to be secured through a clause in the

s106 Agreement).

6.16 The Appellants proposed improvements to bus, cycle and parking facilities within the site,

the opening up of Woolwich Manor Way and the improvement of pedestrian routes,

together with a contribution to the DLR facilities were considered acceptable. Conditions to

safeguard against on-street parking would also mitigate against adverse impacts within the

local area.

Design 6.17 The proposals involve the creation of a series of contemporary buildings, assessed by the

Councils officers, the Councils Design Review Panel and officers at the GLA. The design was

considered to be striking and responding to the historic association of the docks and the

function of the airport.

6.18 The Council proposed a planning condition to remove the airports entitlement to permitted

development, thereby allowing the Council greater control over the future appearance of

development at the airport.

Contamination and Waste 6.19 A baseline assessment was carried out, indicating the potential for contamination from

historical and current land uses. However, investigations did not encounter significant soil or

groundwater contamination, and mitigation measures through conditions could address any

potential effects.

6.20 The Environmental Statement included measures for waste management, targeting re-

cycling/ re-use of 90% of construction waste and proposed conditions to minimise waste

during this phase. In the operational phase the volume of waste would increase as a result of

an increase in passenger numbers, though the Environmental Statement concluded that the

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effects would be negligible or minor adverse at worst. A Site Waste Management Plan would

be secured by condition prior to the commencement of development.

Climate Change 6.21 Whilst increased levels of aviation wouldresult in increased greenhouse gas emissions, the

Governments position on managing the impacts of aviation on climate change is set out in

the APF and is addressed at a global level through agreements such as emissions trading. The

Environmental Statement addressed the impacts with and without the development,

recognising that there would be an increase in greenhouse gas emissions in both cases, due

to increasing passenger demand. The overall greenhouse gas emissions are expected only to

result in a small increase per passenger compared to the without development scenario.

This was considered to be a minor net negative impact, though wider benefits would result

and the s106 Agreement could secure benefits to mitigate against negative impacts and

enhance positive ones.

6.22 The proposed new and refurbished buildings through energy efficiency and renewable heat

and power generation would result in a decrease in emissions per passenger compared to

the baseline year.

Sustainability 6.23 The proposed development included a range of passive design features to reduce CO2

emissions, which would contribute towards the airport terminal buildings meeting a BREEAM

very good rating. A condition was proposed to seek to improve on this level.

6.24 Three combined cooling heating and power engines were proposed to serve the

development (both the airport expansion and the separate 260 bedroom hotel). The

proposal also included future proofing for connection to a district heating system, which

could be secured by condition.

6.25 The development also included green energy proposals in the form of solar photovoltaics and

dock water heat pumps for cooling. Conditions were proposed to secure these various

sustainable energy measures.

Accessibility 6.26 The application was accompanied by a design and access statement demonstrating how

inclusive access was comprehensively incorporated into the design, including in parking and

drop-off areas, public realm, and the buildings.

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Biodiversity 6.27 The Environmental Statement accompanying the planning application included a chapter on

ecology and biodiversity. The KGV Dock is within a Site of Borough Importance of Nature

Conservation (SBINC), but does not contain plants of conservation interest, nor habitats

suitable for protected species (including bats, amphibians or reptiles). Whilst the site is

within the SBINC, it has low biodiversity value and it was considered that there would be no

significant harm to biodiversity.

Flood Risk 6.28 The site is considered at high-risk of flooding, within Flood Zone 3, and a flood risk

assessment accompanied the application which demonstrated that the development would

be safe without increasing the risk of flooding elsewhere. The site was subject to the

Sequential Test, to demonstrate that there were no alternative sites available at a lower risk

of flooding, as well as the Exception Test, as it is not possible to locate the development in a

low risk flood zone. Subject to the imposition of planning conditions, the Environment

Agency raised no objection to the impact of the proposals on flood risk.

Airport Safeguarding 6.29 The higher proportion of modern scheduled aircraft in the with development scenario

results in a smaller PSZ risk contour than the without development contour. The

assessment concluded that most sites overlapping the forecast PSZ would not be affected

and that safeguarded surfaces, such as transport infrastructure associated with the

Silvertown Tunnel or the Thames River Crossing would not be prejudiced.

Health Impacts 6.30 A Health Impact Assessment was submitted with the application and the assumptions and

conclusions of this assessment were considered to be sufficient ,covering all relevant effects

of the proposals.

Balance 6.31 The Strategic Development Committee concluded that the proposed development would

give rise to a significant number of new jobs, encouraging investment and regeneration,

benefiting the local area as well as the wider London economy. Additionally the s106

obligations would ensure that the proposed benefits could be secured and enhanced for the

local population.

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6.32 On balance, it was therefore considered that the development was acceptable subject to the

proposed planning conditions and s106 Agreement.

7.0 Conditions and s106 Obligation

7.1 Draft planning conditions will be proposed by the LPA in accordance with the resolution of

the Strategic Development Committee of 3 February 2015 and consequent upon further

discussions with the Appellants in particular. The same is true of the draft s106 obligation

proposed by the Appellants.

8.0 Conclusion

8.1 The resolution of the Strategic Development Committee made on 3 February 2015 records

the decision of the Council in respect of the planning application the subject of the appeal.

The resolution of the Committee was to grant conditional planning permission, subject to

entering into a s106 obligation. On the evidence considered by the Council to date, its

position has not changed.

8.2 In the event of changes being made by the Appellant to the planning application and

accompanying information considered by the Council, or non-acceptance by the Appellant of

any of the conditions or terms of the planning obligation resolved by the Strategic

Development Committee to be imposed or required in respect of the planning permission to

be granted, the Council reserves its position. It is to be noted that any such changes,

depending on their materiality and significance, may require the matter to be taken back to

the Councils Strategic Development Committee for a decision. Further, before any such

decision, public consultation and publicity may be required to be carried out, which in turn

may cause delay.

8.3 Evidence will be presented by the Council to support matters contained within the officer

report and the subject of the resolution of the Strategic Development Committee, including

in particular the calling of expert evidence concerning planning policy, noise and disturbance,

economics, the proposed use of the airport, its layout and design, and affect upon the

amenity of residents and others. In addition to such matters, the Council will call evidence

and make representations upon the planning conditions and planning obligation proposed in

respect of any grant of planning permission. The Council reserves its position in respect of

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any evidence called and representations made by third parties or other authorities including

the London Mayor.

9.0 Facilities for Inspection

9.1 Any person may inspect and where practicable take a copy of this statement and the

documents referred to or listed in it by Visiting the Councils Public Access Website:

www.newham.gov.uk/pa. Simply enter the application number (13/01228/FUL) to retrieve

the case. All of the plans and documents can be viewed by clicking on the documents tab

and then view associated documents. In addition, you may inspect hard copies of the

Appeal and the other application documents at the following locations (the opening hours

listed below are accurate at the time of writing):

North Woolwich Library, 5 Pier Parade, North Woolwich, E16 2LJ (London Borough of

Newham). Opening hours: Monday/Tuesday 09.30-17.30, Thursday 13.00-20.00,

Saturday 09.30-17.30. CLOSED: Wednesday, Friday, Saturday.

Ideas Store Chrisp Street, 1 Vesey Path, East India Dock Road, E14 6BT (London Borough

of Tower Hamlets). Opening hours: Monday-Thursday 09.00-21.00, Friday 09.00-18.00,

Saturday 09.00-17.00, Sunday 10.00-16.00.

Woolwich Library at The Woolwich Centre, 35 Wellington Street, Woolwich, SE18 6HQ

(Royal Borough of Greenwich). Opening hours: Monday/Thursday 09.00-19.00,

Tuesday/Wednesday/Friday 09.00-17.30, Saturday 09.00-17.00. CLOSED: Sunday.

Newham Dockside, 1000 Dockside Road, E16 2QU (London Borough of Newham) - by

prior appointment only David Gurtler on 0203 373 2642.

10.0 Appendices

10.1 Policies and guidance quoted were provided with the Local Planning Authoritys

Questionnaire, they include:

The London Plan, adopted with alterations since 2011 (March 2015)

Newhams Local Plan The Core Strategy (January 2012)

London Borough of Newham Unitary Development Plan (June 2001)

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10.2 Other documents appended to this Statement of Case are:

a. Strategic Development Committee 3 February 2015 Full Report

b. Strategic Development Committee 3 February 2015 Update Report

c. Strategic Development Committee 3 February 2015 Minutes

d. Aviation Policy Framework (March 2013)

e. National Planning Policy Framework (March 2012)

f. Noise Policy Statement for England (March 2010)

10.3 Further documents referred to are available on line and a set of core documents will be

available throughout the Public Inquiry.

statement of case on behalf of the local planning authority (final) 19.8

Documents