UPDATE 2 (Sun 18 Oct 20)
What’s happening?
Bristol Airport has appealed against North Somerset Council’s decision to reject its planning application for expansion rejection [note 1]. Now, in advance of the appeal, it has submitted an application for a Compulsory Purchase Order (CPO) for land bordering the A38 to change the traffic flow at the junction with Downend Rd to provide easier road access to the Airport [note 2]. The deadline for public comment to the Secretary of State was 16th October. However, following correspondence, we believe the DoT will continue to accept letters commenting on the proposal if reasons for late submission are given e.g. short and badly publicised deadline by Airport, difficulties attributable to Covid-19 pandemic. See suggested comment and contact details (below).
So why is the Airport continuing with the CPO before the Public Inquiry takes place?
Good question. The logical order is for the Public Inquiry to take place and then for the Airport to apply for the CPO under an S106 agreement if it wins the appeal. At this stage the S106 could be changed as part of the Inquiry, so the Airport should await the outcome of the Inquiry before applying for a CPO. [3]
Update (18 Oct 20)
In reply to our request for clarification the Planning inspectorate has just informed us that:
‘It is our aim to run the CPO and planning inquiries consecutively rather than concurrently. Although some evidence may overlap there would be two distinct inquiries.
I think it extremely unlikely that there would be a push to do the CPO case ahead of the planning case because it would be difficult to demonstrate that all the tests had been met if there has not been a decision on the planning appeal.‘
This effectively exposes the Airport’s premature application for the CPO as a deliberate ploy to outflank the planning inquiry. Most likely it’s hoping that linking the CPO application to the inquiry would increase the chances of the application being ‘called in’, gambling on a more sympathetic hearing from one or more Ministers of State (Shapps and/or Jenricks in consultation) than it might get from the Inspectorate.
You can still take action…
Write to the Secretary of State Grant Shapps. Your objection must be made by in writing (not email) to the Secretary of State for Transport, Aviation Policy & Reform, Zone 1/25, Great Minster House, 33 Horseferry Road, London, SW1P 4DR as soon as possible. (See ‘What’s Happening?’ above)
Some points to make in a letter / email
a. Quote the CPO reference at the top of your letter / email:
‘The Bristol Airport Limited (Land at A38 and Downside Road) Compulsory Purchase Order (CPO) 2020’.
b. You are writing after the official deadline for comment since this deadline was badly publicised and unreasonably tight given the complications of the pandemic on daily life.
c. The CPO application is clearly premature for the following reasons (best expressed in your own words):
– the Airport planning application (reference is 18/P/5118/OUT) for growth from 10 million to 12 million passengers per annum (mppa) was refused by North Somerset Council on 10th February 2020. The Airport is appealing this rejection and the date for the resulting Public Inquiry has yet to be decided.
– the Highway works to the A38 and Downside Road are primarily to accommodate additional traffic generated by the additional 2 mppa, so Bristol Airport is clearly anticipating that the Inspectorate will rule in its favour.
– the CPO covers Highways Works which are subject to a draft 106 Agreement. The draft 106 Agreement will be examined and play a part in the Inquiry process and may therefore change under the examination process.
In sum, the application is premature in the light of the upcoming Public Inquiry and should be rejected.
Finally, to help this incredibly important phase of the campaign, please consider a donation towards the costs of our independent legal team at the Public Inquiry to consider the Airport’s appeal:
https://www.crowdjustice.com/case/stop-bristol-airport-expansion/
Notes
We will update this page as and when we receive further information so please check back from time to time.
[1] link to schedule and plan
[2] For information on CPOs follow this link
[3] Section 106 (S106) Agreements are legal agreements between Local Authorities and developers; these are linked to planning permissions and can also be known as planning obligations. Section 106 agreements are drafted when it is considered that a development will have significant impacts on the local area that cannot be moderated by means of conditions attached to a planning decision
For information on Section 106 Agreements follow this link
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