Ms K Theobold
SAEN
PO Box 5909
Southend on Sea MLO
Short Street
Southend on Sea
Essex SS1 1AA

8 October 2009

Dear Ms Theobald

London Southend Airport & Environs JAAP

I refer to your letter of 4 September 2009 and must apologise for delaying my response.

1. Archaeological investigations
   The archaeological report is part of the public record and you can obtain a copy when it is available.
2. Existing S106 agreement
   1. I note the point you make about the trigger point for noise monitoring in the S106 agreement related to the consent for the new terminal building and railway station.

      Please find attached a copy of the press release issued on 7 October that sets out new controls to be applied to the operation of the airport, in the first instance through revisions to the lease with Southend Council. You will note that these controls will be augmented as appropriate by further controls linked to the town and country planning process.

   2. A new set of controls has now been agreed with the airport operator, as outlined in the press release.

      Whilst I cannot be specific at this stage, it is likely that further controls may be applied as appropriate and specific to any applications submitted in the future. The controls now agreed will be built into the final JAAP submission.

   3. In my previous letter I did not rule out a review of the S106, but indicated that an immediate review, as you requested, would not be carried out.
3. S106 review meeting
   I am not able to provide you with details of when a review of the S106 might be carried out. As I have indicated, the new controls provide for a significant change in the future operation of the airport. The Council will keep the situation under review.
4. Preferred Option consultation responses
   I note the comments you make about the consultation, but I am not prepared to change the conclusion I reached in response to your original request for information about the consultations.

   The joint Councils are not concealing any information about the consultation responses – all are available to view through the website. [This is not true. Only responses submitted online are available via the website.] However, the analysis of the responses will be published at a later date along with the submission version of the JAAP.

   On that basis, I reiterate my previous decision that the information is exempt under Section 21 of the Freedom of Information Act as it is information that is reasonably accessible by other means. [Again, untrue for the reason above. The Information Commissioner's Office asked the council to release a summary of results a few weeks later.] All the responses received to the consultation on the JAAP Preferred Options document.

   www.rochford.gov.uk/planning/policy/local_development_framework/london_southend_airport.aspx

   The joint Councils will provide a detailed analysis of the responses received and explain how these will be taken into account in the preparation of the submission version of the JAAP.

   Your request asks the Council to undertake work to prepare a statistical breakdown of the responses received in advance of the publication of a full report on the consultations. I also refuse this request under the provisions of section 22 of the Freedom of Information Act. The reason for refusing your request under section 22 is that it is important that a proper assessment, review and analysis of the consultation responses is prepared and published in full at the next stage in the plan making process. It is anticipated the submission version of the JAAP will be published later in 2009. In all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

5. Environmental Protection Act
   It is my understanding that airports are exempt form the provisions of the EPA and that aircraft noise is a matter dealt with by the Civil Aviation Authority.

Please let me know if I can provide any further advice on these matters.

Yours sincerely

Shaun Scrutton
Head of Planning & Transportation