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

London Borough of Newham

Newham Dockside
1000 Dockside Road
London E16 2QU

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

Statement of Case on behalf of the Local Planning Authority

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.

Statement of Case on behalf of the Local Planning Authority

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.
N/82.104

Description

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
LRPG4/G57501/01; Planning permission granted for the extension
LRP219/J9510/017 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.

Status
Granted May 1985

September 1991

Statement of Case on behalf of the Local Planning Authority

Ref. No.

P/97/0826

P/00/1323

03/1096

06/01310/VAR

07/01510/VAR

Description
This consent included a s106 Agreement,
which removed the permitted development
rights from the Hangar Land.
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.
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).
Approval of Reserved Matters attached to the
Transport and Works Act 1992 dated
21/07/2003 relating to the construction of the
DLR station.
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.
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

Status

Granted July 1998

Granted Feb 2003

Granted Nov
2003

Granted July 2007

Granted July 2009

Statement of Case on behalf of the Local Planning Authority

Ref. No.

09/01536/FUL

11/00701/FUL

12/00892/VAR

13/00267/FUL
13/02311/VAR

3.2

Description
2006 was 79,616) with related modifications
to other limits including noise factored
movements.
Change of use of warehouse (Class B8)
adjacent to King George V DLR station at
London City Airport to fuel Transfer Operation
(Sui Generis)
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.
Variation of Condition 2 (Drawings), Condition
3 (Site investigation) and Condition 4 (Noise
Barrier) attached to planning permission
11/00701/FUL.
Reprovision of Stand 11, insulation of noise
barrier, hardstanding and associated works.
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.

Status

Granted January
2010

Granted June 2011

Granted June 2012

Granted April 2013

Granted Feb 2014

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.

Statement of Case on behalf of the Local Planning Authority

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;

4.6

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)

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

Statement of Case on behalf of the Local Planning Authority

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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Statement of Case on behalf of the Local Planning Authority

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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Statement of Case on behalf of the Local Planning Authority

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.

Statement of Case on behalf of the Local Planning Authority

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
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Statement of Case on behalf of the Local Planning Authority

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
10

Statement of Case on behalf of the Local Planning Authority

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
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Statement of Case on behalf of the Local Planning Authority

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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Statement of Case on behalf of the Local Planning Authority

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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Statement of Case on behalf of the Local Planning Authority

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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Statement of Case on behalf of the Local Planning Authority

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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Statement of Case on behalf of the Local Planning Authority

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
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Statement of Case on behalf of the Local Planning Authority

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 recycling/ 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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Statement of Case on behalf of the Local Planning Authority

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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Statement of Case on behalf of the Local Planning Authority

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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Statement of Case on behalf of the Local Planning Authority

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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Statement of Case on behalf of the Local Planning Authority

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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Statement of Case on behalf of the Local Planning Authority

10.2

10.3

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)

Further documents referred to are available on line and a set of core documents will be
available throughout the Public Inquiry.

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