Agenda item

Application proposal: The continued use of Henstridge Airfield, for both recreational and business use subject to conditions and a 106 Agreement to cover that which cannot be lawfully conditioned against.

The Chairman welcomed Mr John Steel Q.C.

The Planning Solicitor reminded members that following the March meeting where conditions were looked at in detail, the matter had been deferred to allow the amendments to these conditions to be drafted by the officers and Q.C and are detailed in the officer report. It was also confirmed that members were unconstrained by their previous consideration of variations to restrictions, which were made subject to officers bringing forward an appropriate monitoring and enforcement regime. It was for the Committee to now decide whether the application along with the conditions and s106 agreement was acceptable taking into account what was considered at the previous meeting and what was said today.

The Area Lead Planning Officer (North/East) explained to members that this planning application was returning to Area East Committee for determination following the deferral of the application at the March meeting and continued to provide several updates to the officer report;

·         A letter had been received from Simon Hoare MP, North Dorset. He thought the previous report was well covered and urged the Committee to approve the levels included within the previous report.

·         A letter had been received from the Chairman of Fifehead Magdalen Parish meeting. They hoped a balance between the local and wider residents could be found and pointed out that the needs of the many outweigh the needs of the few.

·         A letter had been received from the Compton Abbas Airfield Chairman which challenged the way the operations of their airfield had been detailed.

The Area Lead (North/East) Planning Officer confirmed that there are safety reasons which mean aerobatic flying should occur directly above the airfield, to allow recording and observe and a safe place to land.

He also confirmed that the applicant would be happy to look at further restrictions on the 150 slots per year which has been proposed. He has suggested that these 150 slots could be restricted to no more than 8 per week, over no more than 4 days per week. This suggested change would mean that there would be 3 days per week where there would be no aerobatic flying.

It was pointed out that an aircraft, which was over the weight limit and oversized for the airfield, had landed at the airfield. This aircraft was a turbo-prop aircraft on which there were special circumstances which meant that this landed at the airfield.

The Planning Officer pointed out that the application, if approved, would allow restricted aerobatic flying and training, however would now be enforceable through a S106 agreement.

No new development on the site and no increase to opening hours were proposed, however an increase in base aircraft to 120 was proposed.

The Planning Officer suggested some amendments to proposed conditions which he thought would be necessary;

·         In relation to the 4^th point on page 99, add the proposed restriction on aerobatic flying occurring on no more than 4 days per week. (page 99 of the agenda)

·         Remove the word ‘maximum’ from condition 1 (page 100 of the agenda)

·         Replace the word ‘exceptions’ from condition 2 and suggested it be replaced by the word ‘exception’. (page 100 of the agenda)

·         Insert words ‘in accordance with condition 2’, after the words pre-flight test in condition 6. (page 100 of the agenda)

·         Re-wording of condition 12 to ensure that the joining and departure details, including names of pilots, should be included within a scheme of publicity which is to be publicised within 28 days of the date of approval.

·         Condition 13 – to be amended to include other equivalent noise certificates.

·         Condition 14 – replace the word airfield site with the word Land.

Belinda Ridout, a North Dorset District Councillor, representing Buckhorn Western and Kington Magna Parish Council, addressed the Committee. She informed members that this application will significantly impact those who live close to the airfield and hoped that an appropriate balance could be met. She also advised members that this application wasn’t supported by an up to date independent noise assessment. She did not support aerobatic flying over the airfield

She welcomed the suggested change to limit aerobatic flying to a maximum of 4 days per week. She pointed out that residents need to feel confident that if this application is approved, any deviation from the approval would be enforced.

Jane Westbrook, representing Marnhull and Stours Parish Council, addressed the Committee. She queried whether the 79dba applied only at take-off and asked how many employees worked at the airfield. The Area Lead Planning Officer (North/East) responded to her questions. She felt that 79dba was a high level.

Trevor Winer, Angela Barton, Diana Heath and Brian Darcy spoke in objection to the application. Their comments included;

·         Why does aerobatic flying need to be over the airfield and does the proposal allow for ab initio circuit training?

·         The site is situated on a busy industrial park, which includes different uses such as dog training, car storage, motorcross and that this is dangerous.

·         There is permission for a bio-ethanol plant south of the site which is potentially dangerous.

·         Telephone reports to the airfield owner have not been recorded as a breach, but as a complaint.

·         Concerns that owner will not comply with S106.

·         Ground testing of aircraft, flying training and touch and go’s will effect residential amenity of local residents.

·         The increase in resident base aircraft will mean noise close to dusk and dawn.

·         Aerobatic training sessions turn into air displays which can attract any number of people and is unsafe.

·         The airfield has not always been used as an airfield. It has been used as an airfield since 1986.

·         In 1976, the airfield was used as a cross country riding site.

·         Aerobatics are unsafe.

·         The prohibition on the motorbike noise is welcomed.

The Area Lead Planning Officer confirmed that ab initio circuit training would not be permitted within the application and that aerobatic flying occurs over the airfield for training and safety reasons. Mr John Steel concurred with this view.

Councillor Tim Inglefield, Ward Member, recognised the work that has been carried out by the applicant and the planning officer. He expressed that he was keen to encourage a flourishing business, consistent with ensuring residential amenity. He understood the concern of local residents as the airfield was once of agricultural use and is now a fully functioning airfield. His main concern was the levels of noise, which was difficult to control, and the terms within management agreement between the owners and pilots needed to be worded correctly to ensure that they are enforceable. He further stated that he was deeply concerned that the potential increase of aerobatic activity from the currently approved two events per year was an unacceptable increase to effectively two per day.

Councillor William Wallace, also Ward Member, concurred with the comments made by Councillor Inglefield.

Councillor Tim Inglefield proposed that a time month time scale was added to the time in which the S106 agreement needed to be completed and signed. This was seconded by Councillor William Wallace, however no vote was taken. He also expressed concern over the 4 days per week restriction and hoped that this could be reduced and also expressed concern over the increase in aerobatic events, which he again hoped could be reduced.

John Steel Q.C confirmed to members that aerobatics, which occurred off the ground, could not be controlled through a planning condition and could only be controlled and enforced through a S106 agreement. He advised that the complex history on the site made in difficult to enforce issues on the site and that a revised S106 and approved planning application would in effect restart the planning history of the airfield.

The Area Lead (North/East) explained that a two month time scale was unrealistic and that a three month deadline would be more realistic given that the s106 would be a complex document that would take time to be drafted.

Councillor Tim Inglefield proposed that the pilots log should contain further information, such as the pilots name, to be included within the management agreement and s106 agreement. He also hoped that there could be a reduction in the resident base aircraft and proposed that an additional condition should be added to prohibit helicopter and gyrocopter pilot training. No vote was taken.  

John Steel Q.C suggested that the pilots log could be amended to include type of licence and purpose of flight and that these amendments could be contained within the s106 agreement. He also clarified the reasoning behind the increase in proposed aircraft maximum weight. He explained that the difference between 4000kg and 5000kg included very few aircraft and the ones included were not significantly noisier, nor likely to carry out circuit flying.

During the discussion, the resident base aircraft numbers, the maximum weight of aircraft and helicopters were discussed. The applicant confirmed that he would be happy to have an additional condition to limit or prohibit helicopter training if members wanted to include this.

It was suggested by the Area Lead Planning Officer (North/East) that the purpose of flight was to be included within the pilot log and that the maximum weight of aircraft was deemed to be reasonable.

Following the discussion, it was suggested that the approval should be reviewed periodically.

The Area Lead Planning Officer (North/East) advised that condition 12 could be reworded to ensure that the instructions for pilots be submitted and approved by the local planning authority within 28 days of the permission and that condition 13 would be amended to include all equivalent types of noise certificates. He also advised that an additional condition could be included to ensure no helicopter pilot training.

The applicant addressed the Committee and suggested that should the approval be issued as detailed in the officer report with the amendments to conditions 12 and 13, together with an additional condition to prohibit helicopter pilot training, then he suggested a review after 18 months and for the application to return to Area East Committee for re-approval. 

The Area Lead Planning Officer (North/East) pointed out that the updates and amendments to conditions which were suggested at the start of the meeting should also be included in the approval.

Mr John Steele confirmed that in principle, an agreement to review the application, without compensation, in 18 months’ time was acceptable; however he felt that a review in 3 years’ time could be more appropriate. He also suggested that this review occurred every 3 years. Such time periods to be determined in consideration of the detail of the 106 agreement.

It was proposed and seconded that the planning application be approved as per the officer recommendation with additional restriction on aerobatic flying and amendments to conditions 1, 2, 6, 12, 13 and 14 and additional condition 16 to prohibit helicopter training and additional S106 obligations, to be reviewed, without compensation, within 3 years of the date of the approval or at the request of the Ward Members.

On being put to the vote, this was carried 7 votes in favour and 2 against.

RESOLVED:  that planning permission 15/04069/FUL be approved as per the officer recommendation with additional restriction on aerobatic flying and amendments to conditions 1, 2, 6, 12, 13 and 14 as follows and additional condition 16 to prohibit helicopter training and additional S106 obligations to be reviewed, without compensation, within 3 years of the date of the approval or at the request of the Ward Members.

Planning permission be granted subject to:-

a)    the prior completion of a s106 agreement, in a form acceptable to the Council’s solicitor(s) and to the satisfaction of the Development Manager in consultation with the Council’s advisors and ward members and chair to:-

                      i.        require the applicant to establish a Consultative Committee;

                     ii.        Revoke all previous permissions without compensation

                    iii.        agree a regime of testing to be applied to aircraft without recognised noise certificates;

                   iv.        To limit aerobatic flying by aircraft landing or taking off from the airfield to one period of 20 minutes between 11.00am and 12.00 noon and another 20 minute period between 2.00pm and 3.00pm Monday to Saturday and not at all on Sundays and bank holidays. Such flying shall only occur in the airspace over the airfield and shall only be undertaken by aircraft based at the airfield. These ‘approved’ slots shall be limited to 8 per week, on no more than 4 separate days per week, and not more than 150 in total per calendar year and. Within each slot multiple aircraft may fly aerobatics, however each aircraft shall count as one towards the annual and weekly maxima. No aerobatic flying with 2 days notification of a noise sensitive event.

With the exception of the afore mentioned aerobatic flying over the airfield there shall be no aerobatic flying within 8km of the centre point of the main runway unless agreed in writing in relation to a specific public event

‘Aerobatic’ flying shall be defined as that which:-

“involves performing intentional manoeuvres in an aircraft involving an abrupt change in its attitude, an abnormal attitude or abnormal acceleration, not necessary for normal flight, including flying inverted or performing vertical or near vertical climbs or descents, rolls, loops, spins, stalls and sharp turns or a combination of the above in an aircraft certified for aerobatics, normally carried out over a fixed area or aiming point such as the airfield. Aerobatic flying is normally associated with a notable change of aircraft noise when performing different manoeuvres”.  

All aircraft flying within approved aerobatic slots to carry appropriate GPS to verify compliance.

                    v.        Prohibition of abinitio circuit training (which shall be defined).

                   vi.        Ensure a log of aircraft movements is maintained log shall include:-

(a)  Date and time of arrival/departure;

(b)  Point of departure/destination;

(c)  Aircraft registration;

(d)  Aircraft type;

(e)  Pilot’s name;

(f)   Number of Persons On Board.

Such log shall be open to inspection by the Local Planning Authority on request.

                  vii.        Ensure that the airfield owner shall expressly bring the agreed procedures and restrictions to the notice of every pilot of an aircraft intending to use the airfield, in accordance with details to be agreed by the Local Planning Authority, including for this purpose making the airfield PPR (Prior Permission Required).

                 viii.        Require the agreement of a pilots contract to cover adherence to the above restrictions.

                   ix.        Set out the monitoring regime and sanctions which may have been taken against pilots in event of any breach.

and;

a)    the imposition of the following conditions.

Justification:

The continued use of this site as an airfield, subject to the following conditions and the S106 agreement would not result in an unacceptable intensification of the use of the site or in any undue impact on residential or visual amenity. As such the proposal complies with policies EQ2, EQ7, TA5 and EP6 of the South Somerset Local Plan 2006-2028 and the policies contained within the National Planning Policy Framework.

Conditions

1)    The total number of movements Aircraft Movements shall not exceed any of the following:

i)    10,000 Aircraft Movements in any calendar year, including on Open Days and “Fly-In” Events and helicopter movements;

ii)   1,000 Helicopter Movements in any calendar year, including on Open Days and “Fly-In” Events;

iii)  100 Aircraft Movements in any period of 24 hours, including Helicopter Movements, excluding on Open Days and “Fly-In” Events for which no limit on daily movements shall apply.

Reason: In the interests of amenity and to accord with policies EQ2 and EQ7 of the South Somerset Local Plan 2006-2028 (Adopted March 2015).

2)     Other than in the case of emergency involving immediate danger to one or more persons on board an aircraft and with the exception of  

(a)  any helicopter being used by an Air Ambulance organisation or for medivac use in emergency

(b)  any helicopter being used by the emergency services

(c)  any returning based aircraft,

no aircraft may start up or run its engine(s) or taxi or land on or take off from the Land except during the following times and at no time at Night if later or earlier respectively:

ii)     Weekdays (Monday to Friday) excepting Bank Holidays: between the hours of 0800hrs and 1900hrs (local time) and at no time at Night;

iii)    Saturdays: between the hours of 0900hrs and 1900hrs (local time) and at no Time at Night;

iv)   Sundays and Bank Holidays: between the hours of 0900hrs and 1800hrs (local time) and at no time at Night.

Reason: In the interests of amenity and to accord with policies EQ2 and EQ7 of the South Somerset Local Plan 2006-2028 (Adopted March 2015).

3)    Except on Open Days and Fly-Ins, the total number of aircraft parked on the Land at any one time shall not exceed 120, of which a maximum of 100 shall be Based Aircraft.

Reason: In the interests of amenity and to accord with policies EQ2 and EQ7 of the South Somerset Local Plan 2006-2028 (Adopted March 2015).

4)     The runway on the Land shall not be used for more than 4 ‘Touch and Go’ landings in any hour. Each ‘touch and go’ landing shall be counted as 2 movements for the purpose of condition 1. 

Reason: In the interests of amenity and to accord with policies EQ2 and EQ7 of the South Somerset Local Plan 2006-2028 (Adopted March 2015).

5)    No fixed wing jet or fixed wing jet turbine aircraft shall start-up, taxi, land on or take off from the Land.

Reason: In the interests of amenity and to accord with policies EQ2 and EQ7 of the South Somerset Local Plan 2006-2028 (Adopted March 2015).

6)    Except prior to take-off to perform pre-flight tests in accordance with condition 2, no ground testing of aircraft engines may take place on the Land outside of the hours of 0900-1700 Monday to Friday.

Reason: In the interests of amenity and to accord with policies EQ2 and EQ7 of the South Somerset Local Plan 2006-2028 (Adopted March 2015).

7)    Except on Open Days or in a case of emergency involving immediate danger to one or more persons on board an aircraft no aircraft shall land on or take off from the Land which is being used for the transport or dropping of parachutists over the airfield or for the towing of gliders or banners;

Reason: In the interests of amenity and to accord with policies EQ2 and EQ7 of the South Somerset Local Plan 2006-2028 (Adopted March 2015).

8)    Except on Open Days, or in either a case of emergency involving immediate danger to one or more persons on board an aircraft or use by the emergency services, no aircraft (whether fixed wing or rotary/helicopter) shall land on or take off from the Land with a certified maximum take-off weight in excess of 5,000kg or carrying more than 6 persons including the pilot.

Reason: In the interests of amenity and to accord with policies EQ2 and EQ7 of the South Somerset Local Plan 2006-2028 (Adopted March 2015).

9)    The total number of Open Days and “Fly-In” Events shall not exceed the following in any calendar year:

a)    Two Open Days; and

b)    Three “Fly-In” events

Reason: In the interests of amenity and to accord with policies EQ2 and EQ7 of the South Somerset Local Plan 2006-2028 (Adopted March 2015).

10) No aircraft without a current Certificate of Airworthiness or Permit to Fly, or aircraft parts or any types of machinery shall be stored externally for in excess of three months.

Reason: In the interests of amenity and to accord with policies EQ2 and EQ7 of the South Somerset Local Plan 2006-2028 (Adopted March 2015).

11) Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015 or any Order revoking or re-enacting such Order with or without modification, no buildings shall be erected or other forms of development be carried out on the Land without the express prior written consent of the Council.

Reason: In the interests of amenity and to accord with policies EQ2 and EQ7 of the South Somerset Local Plan 2006-2028 (Adopted March 2015).

12) The joining and departure procedures, including instructions for pilots(including areas designated not to be over flown) shall be publicised by the aerodrome operator in accordance with a scheme to be submitted to the local planning authority for approval within 28 days from the date of this permission. The scheme, once approved, shall be implemented immediately and remain in force at all times thereafter and measures shall be taken to draw such matters to the attention of all pilots in advance of arrival and departure.

Reason: In the interests of amenity and to accord with policies EQ2 and EQ7 of the South Somerset Local Plan 2006-2028 (Adopted March 2015).

13) No fixed wing aircraft which hold an ICAO, FAA,EASA, CAA or other Noise Certificate or Data Sheet or equivalent for noise in respect of take-off of the aircraft in excess of 79.0dB(A) shall land or take-off from the Land.

Reason: In the interests of amenity and to accord with policies EQ2 and EQ7 of the South Somerset Local Plan 2006-2028 (Adopted March 2015).

14) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, or any Order revoking or re-enacting such Order with or without modification, no part of the Land as shown on the drawing No 1000 received 02/09/15 hereby approved, including the runway, shall be used for any form of motor vehicle trials, racing, competition or practicing, vehicle engine or other forms of vehicle testing, including by motor cars or motorcycles, whether such vehicles are driven or ridden recreationally or otherwise.

Reason: In the interests of amenity and to accord with policies EQ2 and EQ7 of the South Somerset Local Plan 2006-2028 (Adopted March 2015).

15) This permission shall relate to the land edged in red on the submitted overall; site plan, drawing number 1000 received on 02/09/15.

Reason: To clarify the scope of this permission

16) No helicopter shall land on or take-off from the land for the purpose of pilot training

Reason: In the interests of amenity and to accord with policies EQ2 and EQ7 of the South Somerset Local Plan 2006-2028 (Adopted March 2015).

Informative

1.      The terms appearing in the Conditions above have the following meanings:

a)    Aircraft: shall include aircraft of all types and descriptions including fixed wing aircraft, helicopters, gyrocopters and autogyros.

b)    Aircraft Movement: a take-off or a landing on the Land by an Aircraft.

c)    Based Aircraft: an aircraft with a contract in place between the aerodrome owner or operator and the aircraft owner or operator for which at least a monthly fee is paid for the aircraft to be parked on or use the Land.

d)    Fly-In: an event held on the Land which has been pre-publicised as being open to pilots, crew and passengers arriving by aircraft or to owners or operators of Based Aircraft or to persons who are subscribing members of the aeroclub on the Land.

e)    Helicopter Movement: a take-off or a landing on the Land by a helicopter.

f)     The Land: as defined in the First Schedule.

g)    Night: from half an hour after sunset until half an hour before sunrise (both times inclusive) or as defined in the Air Navigation Order for the time being.

h)    Noise Rating: the noise rating for the aircraft as shown in a Certificate or Permit issued by ICAO, FAA, EASA, CAA or LAA or its equivalent.

i)      Open Days: an event held on the Land which has been pre-publicised as being open to members of the public and others arriving by land or by aircraft.

j)      Touch-and-Go Landing: a landing followed immediately by a take-off of an aircraft without it coming to a halt on the Land.

(Voting: 7 in favour, 2 against and 0 abstentions)