Decision letter: Manchester Airport second runway

Susan Orrell
City Solicitor
Manchester City Council
P.O. Box 532
Town Hall
Albert Square
Manchester M60 2LA

30 May 1997

Dear Madam

MANCHESTER AIRPORT PROPOSED SECOND RUNWAY: APPLICATION FOR AN ORDER UNDER SECTION 46 OF THE CIVIL AVIATION ACT 1982

1. The Secretary of State for Transport received an application from your Council on 14 March 1994 on behalf of Manchester Airport plc for an Order under section 46 of the Civil Aviation Act 1982. Under the terms of this section, the Secretary of State may make an Order that a specified area of land shall be subject to control by directions, if he is satisfied that such an Order is necessary to secure the safe and efficient use of, inter alia, that land for civil aviation purposes.

2. The application related to an area of land varying between 813 and 960 metres in width, and totalling 6,643 metres in length. The purpose of the application was to secure the safe and efficient use for civil aviation purposes of the proposed second runway at Manchester Airport.

3. Five objections to the application were received, of which one was subsequently withdrawn. The grounds of objections related mainly to the devaluation of the objectors' property; the entirety of Arthur's Wood was the primary concern for one objector.

4. You will be aware that a Public Inquiry was held by Inspector Mr K G Smith BSc(Hons) MRTPI from 21 June 1994 to 9 March 1995, into two applications made by Manchester Airport plc for planning permission to develop a second runway and associated facilities, to construct new highways and to demolish certain listed buildings. I am directed by the Secretary of State for Transport to say that the above-named application was also considered during the course of this Inquiry and that consideration has been given by him to the relevant sections of the Inspector's report associated with the application.

5. The Inspector recommended that a section 46 Order be made. He also referred to the effect of the Obstacle Limitation Surface ("OLS") on the trees, commenting that a relaxation of the OLS in the Arthur's Wood area would reduce the degree of environmental harm, but noting that the part of the OLS which would affect the Arthur's Wood area was the transitional surface, which was one of those which the Civil Aviation Authority had confirmed could not be relaxed. A copy of the relevant sections of the Inspector's report associated with the application is enclosed herewith.

6. The Secretary of State has considered this report in detail and in accordance with the requirement of section 46(5) of the Civil Aviation Act 1982 has consulted the three local authorities who would be affected by an Order: Cheshire County Council, Macclesfield Borough Council and Manchester City Council. No objections were received from any of these local authorities, but Macclesfield Borough Council drew attention to the Inspector's observations relating to Arthur's Wood.

7. The Secretary of State agrees with the Inspector's conclusion that an Order would be required for reasons of safety if a second runway were to be constructed, and he accepts the advice of the Civil Aviation Authority that the transitional surface cannot be relaxed in the Arthur's Wood area. But he considers that the area of land which it is necessary to make subject to an Order is smaller than the area covered by your Council's application. He considers that in general it is not necessary to make an Order in relation to land which Manchester Airport plc already own or are in the process of purchasing, as they will retain the necessary control over that land. He has also taken into account the view recently expressed to him by Manchester Airport plc that, except in the Arthur's Wood area, the protection of the transitional surface does not necessitate the felling or lopping of trees. He further considers that, although it will be necessary for trees to be felled or lopped, there are no other obstacles which will need to be controlled by directions.

8. The Secretary of State has accordingly decided that an Order under section 46 of the Civil Aviation Act 1982 authorising the Secretary of State to give directions under subsection (2)(b) is necessary to secure the safe and efficient use of the proposed second runway at Manchester Airport for civil aviation purposes. An Order will be laid before Parliament as soon as possible. Pursuant to section 46(4) of the Civil Aviation Act 1982 it will be subject to special parliamentary procedure.

9. Copies of this letter, of a plan showing the approximate area covered by your Council's application, of the relevant sections of the Inspector's report associated with the application and of a plan showing the approximate area covered by the Secretary of State's decision have been sent to all the statutory objectors.

Yours Faithfully

A NAFZGER
Authorised by the Secretary of State
to sign in that behalf