Planning Act 2008

23 Airports E+W

(1) Airport-related development is within section 14(1)(i) only if the development is—

(a) the construction of an airport in a case within subsection (2),

(b) the alteration of an airport in a case within subsection (4), or

(c) an increase in the permitted use of an airport in a case within subsection (7).

(2) Construction of an airport is within this subsection only if (when constructed) the airport—

(a) will be in England or in English waters, and

(b) is expected to be capable of providing services which meet the requirements of subsection (3).

(3) Services meet the requirements of this subsection if they are—

(a) air passenger transport services for at least 10 million passengers per year, or

(b) air cargo transport services for at least 10,000 air transport movements of cargo aircraft per year.

(4) Alteration of an airport is within this subsection only if—

(a) the airport is in England or in English waters, and

(b) the alteration is expected to have the effect specified in subsection (5).

(5) The effect is—

(a) to increase by at least 10 million per year the number of passengers for whom the airport is capable of providing air passenger transport services, or

(b) to increase by at least 10,000 per year the number of air transport movements of cargo aircraft for which the airport is capable of providing air cargo transport services.

(6) “Alteration”, in relation to an airport, includes the construction, extension or alteration of—

(a) a runway at the airport,

(b) a building at the airport, or

(c) a radar or radio mast, antenna or other apparatus at the airport.

(7) An increase in the permitted use of an airport is within this subsection only if—

(a) the airport is in England or in English waters, and

(b) the increase is within subsection (8).

(8) An increase is within this subsection if—

(a) it is an increase of at least 10 million per year in the number of passengers for whom the airport is permitted to provide air passenger transport services, or

(b) it is an increase of at least 10,000 per year in the number of air transport movements of cargo aircraft for which the airport is permitted to provide air cargo transport services.

(9) In this section—

• “air cargo transport services” means services for the carriage by air of cargo;

• “air passenger transport services” means services for the carriage by air of passengers;

• “air transport movement” means a landing or take-off of an aircraft;

• “cargo” includes mail;

• “cargo aircraft” means an aircraft which is—

  (a)

  designed to transport cargo but not passengers, and

  (b)

  engaged in the transport of cargo on commercial terms;

• “English waters” means waters adjacent to England up to the seaward limits of the territorial sea;

• “permitted” means permitted by planning permission or development consent.

Commencement Information

I1 S. 23 in force at 1.3.2010 by S.I. 2010/101, art. 4(b) (with art. 6)