When the topic of permitted development rights (PDRs) come up, for most it’s probably householder PDRs that first come to mind.
But PDRs are also enjoyed by wide range of other sectors – including airports.
The PDRs are a general planning permission granted by Government, not by the local planning authority - allowing for certain types of work to be carried out without the need for planning permission. These rights exist under the General Permitted Development Order (GPDO).
For airports, the PDRs allow for certain operational development to be undertaken without planning permission. These PDRs are in place to allow the airport the ability to respond to the requirements of regulators and passengers, attract business investment and in the case of the Crown, provide development needed for national security.
In practice it is not always clear if PDRs can be used or who they apply to. This complexity was recently tested, by Planning Appeal
[1], at Liverpool John Lennon Airport.
The airport had submitted an application to Halton Council for a lawful development certificate (LDC)
[2] for a solar farm. The solar farm once up and running would be capable of generating 3MW of renewable energy, all of which would be used by the airport. The application also sought the construction of a substation, an internal access road and a site entrance. Halton Council, however, refused the application. The airport went on to appeal that decision. The Planning Inspectorate’s decision, released last week, agreed with the airport, allowing the appeal. The solar farm and its associated development is in fact Permitted Development.
To benefit from the PDRs, an airport must have an interest in the land and be able to satisfy four criteria – namely that any development:
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Takes place at a “relevant airport”;
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Is carried out by a “relevant airport operator” or its agent;
-
Is required in connection with the provision of services and facilities at a relevant airport, carried out by a relevant airport operator; and
-
Takes place on “airport operational land”.
So why – when use of the airport’s PDRs had already been established under other LDCs sought by the airport – did the Council refuse this application?
The previous use of the PDRs, and stated Reason for Refusal, suggests that there was no disagreement with respect to the above 1st and 2nd test.
It also (rightfully) wasn’t a question of whether a solar farm is airport operational development – the above 3
rd test. Aviation, given its forecast growth, is projected to become one of the world’s largest emitting sectors by 2050; the sector must shift to net zero. Earlier in the year, Government consulted on its ambition for all airport operations in England be net zero emissions by 2040. Liverpool John Lennon Airport has already committed to meeting ‘Scope 1’
[3] and ‘Scope 2’
[4] net zero by this date. A solar farm at the airport, powering its operations, will be an important part of this transition. This type of development should be treated as operational development, essential for day to day activity – and doing otherwise could unnecessarily hinder the airport’s ability to meet its 2040 target.
Instead, it came down to the above 4th test. The Council stated that the airport had failed to prove that the site in question was part of the airport’s operational land and therefore was not suitable for an LDC.
Airport operational land generally means the area within which airport operations take place, for example, the area covered by the Aerodrome Licence. In practice, establishing what constitutes operational land is far more complex because such land has a specific meaning within the planning system – with reference to Sections 263 and 264 of the Town and Country Planning Act 1990, as well as the Airports Act 1986.
Key considerations may include:
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if the land is being used for, or is being held for the purpose of, airport operations – and that this use is being carried out by a statutory undertaker i.e., a relevant airport operator (see 2nd test above).
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when the land was acquired, who the land was acquired from and the mechanism used to transfer ownership of the land.
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whether the land in question benefits from a planning permission for airport operations.
The Planning Inspectorate disagreed with the Council – stating two factors leading to its conclusion that the land was in fact airport operational land:
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The land is not accessible by the public, and can only be accessed past airport security within a controlled aviation area; and
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The land already benefits from a planning permission for airport operations – being a permission for an extension of the airport’s Runway Extension Safety Area (RESA) and the erection of a security fence to enclose the land.
Whilst this is a positive outcome for the airport, it has been a protracted exercise. The airport’s LDC application was submitted in December 2021, with a 3-month target decision date of March 2022 – yet it has taken a further 18 months, with the added cost of an appeal, to reach this point. This is the opposite of what the PDRs should confer – speed and certainty for those airports who need to confront a strict and changing airport regulatory environment, to provide operational development to support passengers and operators and attract inward investment.
These rights are not, however, automatic and care does need to be exercised in understanding if they apply and in their execution. Our experience is that it’s key for an airport operator and a local planning authority is to understand the requirements and ensure such rights are consistently administered.
Lichfields is well-versed on the Airport PDRs mechanism – across all four UK countries - and regularly advises airports, local planning authorities and those with 3rd party interest on its use. Please get in touch if you need any help on this topic.
Image Credit: Zachary DeBottis, Pexels
[1] APP/D0650/X/22/3313760
[2] 22/00019/PLD
[3] Scope 1 emissions - emissions owned and controlled by the airport operator, such as energy generation and airport vehicles.
[4] Scope 2 emission - emissions from the off-site generation of energy purchased by the airport operator.
