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Item Subject

(URGENT BUSINESS

The Chairman is of the opinion that, pursuant to Section 100B(4) of the Local Government Act 1972, the item is urgent and there is a special reason for it being discussed at this meeting. This reason is that the views of Cabinet are required prior to the Airline publishing its summer flights programme on 17^th December 2004.)

Note to Members:

Members will note that this item is to be considered in public session. It will, therefore, be necessary for the Chairman to vary the order of the agenda to enable this item to be considered before item 13 which contains a confidential annex.

16. KENT INTERNATIONAL AIRPORT

… To consider the report of the Chief Executive, copy attached.

By: Brian White, Head of Environmental Services

Main Portfolio Area: Planning and Transportation/Community Services and Environment

To: Cabinet - 16^th December 2004

Classification: Unrestricted

Ward: All Thanet

Summary The Airport Operator has requested that some scheduled arrival flights each week, beyond the time of 2300 hours, be incorporated into its programme for April-September 2005 and that these flights be placed into the context of the extant Section 106 Agreement between Planestation and this Council in the form of a night-time flying policy.

1.0 Introduction

1. A letter dated 13^th December, from Planestation, to the Chief Executive, was received electronically by the Council on 15^th December and in hard copy on 16^th December.
2. A copy is attached at appendix 1.

1. As Members are aware application of the existing Section 106 Agreement has been extended by mutual agreement between the Council and the Airport Operator - Planestation.
2. At appendix II a copy of the Second Schedule from the Agreement is attached. Remembering that night-time is defined in the Agreement as 2300-0700, it is apparent that, with the exceptions set out in 1.4 of the Schedule, regular night flying operations are not permitted, before a Night-time Flying Noise Policy has been prepared for the Council. In recognition of this, the Operator’s letter, at paragraph 8, acknowledges that for various reasons the 6-month consultation period anticipated in the Section 106 Agreement cannot be achieved. And in support of the application, Planestation point out that;

• there are strong economic and business reasons for making maximum use of the primary asset of the operation; its aircraft. The inclusion of the proposed 16 arrivals each week, between 23.10 and 00.55, will support this;
• the aircraft are based at Kent International Airport, and returning to the Airport at the end of the day enables a full schedule to be implemented the following day;
• ‘slots’ in and out of other airports have only very recently been agreed. And for business reasons the Operator wished to maximise opportunities;
• it is acknowledged that the schedule will apply for only the summer 2005 programme;
• it is accepted that the aircraft concerned will have a QC of 0.5 and that cargo (therefore noisier) flights will not be scheduled beyond 2300 hours.

1. By coincidence, the Manston Airport Consultative Committee (MACC) met yesterday (15^th December) and was able to receive a report from a Director of Planestation, Mr Tony Freudmann. The letter dated 13^th December was copied to members of the consultative committee. There was an understanding by the Committee that the economic future of the Airport ought to be supported, but some concerns were also expressed, including;

• nightflights must not be normalised;
• there will be insufficient time for Thanet; the Planning Authority, to consult other local authorities;
• some additional noise was obviously going to be caused by the 16 night-time flight arrivals each week;
• if the Planning Authority is to consider incorporating the programme in the existing Section 106 Agreement, it must be exactly as sought, and no more, with emphasis that only passenger flights will be included, and that a strong emphasis be placed on all arrivals being from the west (runway 28), unless aviation/safety reasons dictate otherwise.

1. The Airline is to publish its summer flights programme tomorrow; (17^th December). therefore, it is important that the Council takes a view now on how it will treat this subject.
   
2. The letter from Planestation seeks a limited night-time flying policy, as set out in the seventh paragraph of the letter, Officers believe that taking this wording as a useful starting point the following will be more appropriate as the basis for final negotiation.

"The Airport’s resident airline shall be permitted to land 12 passenger aircraft per week between the hours of 2300 and 2400 and four passenger aircraft per week between the hours of 2400 and 0100, providing that such aircraft have a Quota Count (QC) of no more than 0.5. All 16 arrivals each week shall be from the west; runway 28, unless there are aviation reasons to the contrary. Exceptions and reasons to be reported to the Council." The policy to run for a fixed period to 30^th September 2005 when it is to either be formally reviewed or have been replaced by a new agreement. In any event such agreement to this policy shall not be taken to indicate that the terms are to be automatically included in the new agreement as these are to be the subject of separate public consultation.

The proposed night-time flying policy will therefore be time limited to the Summer 2005 programme. Obviously it will become subject to the public consultation project the Council is about to embark on in respect of the Section 106 Agreement itself. The Airport Operator already proposes a noise monitoring assessment to the night-flying policy. Officers advise that this must now include monitoring and modelling noise levels inside residential properties.

3. Some members of the MACC, and others, have made their views known by email to Council officers this morning. Comments range from total rejection of the night-time flying policy, restrictions on landing direction to avoid Ramsgate, and acceptance and strict monitoring.

3. Options
1. The Council can refuse to revisit the Section 106 Agreement.
2. The Council may support the principle of incorporating the 16 flights sought. Delegating to the Chief Executive in consultation with members the detail of varying the Section 106 Agreement subject to a formal report back to Cabinet.
4. Corporate Implications

1. There are no direct financial implications to the Council. Any fines paid for contravention of the Second Schedule are directed to local community purposes.

1. Variation of the existing Section 106 Agreement will be investigated and implemented, if the recommendations in this report are approved.

1. In terms of pursuit of key economic regeneration, and environmental objectives, this is an important subject. It being possible to achieve the former whilst minimising environmental impact if the proposed night-time policy is carefully drafted.

6.1 This is not an executive matter and must be referred to full Council.