SAEN
PO Box 5909
Southend-on-Sea MLO
Short St
Southend-on-Sea
SS1 1AA
http://www.saen.org.uk
committee@saen.org.uk

17th June 2009
Mr. J. Williams,
Head of Legal and Democratic Services,
Southend Borough Council
Civic Centre
Victoria Avenue
Southend-on-Sea
SS2 6ER
Dear Mr. Williams,
Further to our letter dated 6th June 2009 we request your advices on the following matters-
(1) The binding establishment of Airport Controls
We have been continually attempting to establish in various correspondence with both Councils as to how the current lax permissions relating to airport activity can be further constrained whether or not the high growth preferred option is adopted.
Our letter of the 31st March 2009 to SBC sought clarification of the confusion surrounding the existing Section 106 dated 19/7/1999 and the 1994 lease as the ‘entire fall back protection umbrella for residents’ should the extension plans be abandoned and a new Agreement not be obtained.
You advised us that your contingency plan was the JAAP itself since ‘….if adopted ,will include policies to control and regulate the operation of London Southend Airport regardless of whether or not a planning permission is made (sic) by London Southend Airport’.
In relation to the ‘fall-back’ you went on to confirm that …’the JAAP will fulfil this role’.
An alternative view is held by Mr. Hollingworth, Planning Policy Team Leader at Rochford District Council.
In his letter of 2nd April 2009 he states ‘The final version of the JAAP will contain policies which will be used to direct the content of any Section 106 agreements related to future planning permissions’.
(a) Perhaps you will explain this apparent contradiction.
We also promised to seek Counsels opinion on the review clause in the existing Section 106 which is enclosed for your information.
You conceded in your letter of the 18th May 2009 that ‘the S106 provides for a review but it does not require it’.
You will note that our barrister considers the interpretation contained in this letter to be mistaken.
The correct interpretation of the Agreement is that it requires a review by mutual consent every five years (although it obviously does not require that any changes be made as a result of such a review).
We have already been informed that SBC and RDC are joint sponsors of the JAAP and joint consultees on related planning matters.
(b) Please confirm that SBC and/or RDC will initiate discussions with all parties to the Agreement in the matter of a review and when.
We would of course expect such a meeting to be fully minuted and available as a matter of public record.
(2) The conduct of the JAAP
A further matter has arisen questioning a policy fundamental to the JAAP at LS1 which contends that ….’both Councils will support the growth of the airport to a capacity of up to 2 million passengers per annum as proposed in the Aviation White Paper and East of England Plan’.
We refer you to the consultation response from the East of England Regional Assembly (EERA)
and this question- Does the Plan reflect the role of the regions airports (RSS Policy-E7).
‘The JAAP does include the support and identified role of the airport contained in the 2003 Air Transport White Paper(ATWP). However, contrary to the JAAP Policy LS1 neither the ATWP nor the East of England Plan identifies growth at London Southend of up to two million passengers per annum (mppa) The two mppa figure was an assumption used in the demand and impact appraisal work and was based on the maximum use of the runways at the major airports and no new runway capacity.
Given that the ATWP supported new runways at Stansted and Heathrow the role for Southend that is supported was not for two mppa, but to meet local demand and the needs of business aviation. This is reflected in policy E7 and paragraph 4.31 of the East Of England Plan.
The Department for Transport does not include Southend in its Air Passenger Demand forecasts. The national modelling cannot verify whether there would be demand for services for this number of passengers. However providing rigorous environmental standards and sustainable surface access objectives are met , regional policy does support the expansion beyond the permitted maximum capacity*). The extension of the runway and new terminal are components of this growth.
EERA is concerned that the development of the preferred policy is being based on a yet to be agreed baseline noise assessment. Noise was a constraint identified by the 2002 SE Airports consultation document. Whilst the Governments preferred assessment of noise nuisance is the 57 dBAL level the Councils’ attention is drawn to the view of the Inspector reviewing the G1 Inquiry at Stansted that individual aircraft noise events and the number of such events are also important’.
*currently 500,000 ppa
We make the following observations-
- Your LS1 policy assertion is patently not founded in fact. At best it is founded on a misunderstanding of the given evidence base and at worst is a deliberate misrepresentation of it.
- The growth option originally envisaged and supported for Southend by both Government and the East of England Plan was never that now chosen by both Councils.
- EERA support for the extension even beyond 500,000 ppa is heavily qualified with major provisos concerning environmental and surface access issues.
- The interpretation of evidence supplied in identifying passenger demand at up to two mppa can only have been made at a local level since (a) a national forecast was never made available and (b) the EERA have made it clear that it was never their intention nor that of the Government White Paper to underpin such volumes.
What remains unclear to us is how that interpretation was possible and then promoted as integral to the LS1 policy.
(3) The financial position at Southend Airport
In the matter of the Debenture for £405,000 your letter of the 18th May advised that SBC was entitled to retain the £405,00 plus accrued interest out of the sale proceeds (of the Warners Bridge site).
Please provide a categoric assurance that Southend Council was actually repaid the loan and interest.
We will pursue this further with the airport itself.
We await your advices on all matters raised. A copy of this letter and the stated enclosure will be supplied to Mr. Scrutton at RDC requesting his response where appropriate.
Yours sincerely,
Kiti Theobald (Chairman)