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5.—(1) Paragraph A.3 is amended as follows.
(2) Omit sub-paragraph (3).
(3) In sub-paragraph (5)(d)—
(a)for “sub-paragraph (3)” substitute “the condition in paragraph A.2(5A)”;
(b)for “aerodrome operator” substitute “operator of the civil safeguarding area or defence safeguarding area”.
(4) In sub-paragraph (6), after paragraph (a) insert—
“(ab)for development which is subject to the condition in paragraph A.2(5A), consult—
(i)the Civil Aviation Authority, in respect of development on a civil safeguarding area;
(ii)the Secretary of State for Defence, in respect of development on a defence safeguarding area;
(iii)the operator of the civil safeguarding area (if the operator is not the Civil Aviation Authority) or defence safeguarding area (if the operator is not the Secretary of State for Defence);”.
(5) In sub-paragraph (7), for the words from “must take into account” to the end substitute—
“must—
(a)take into account any representations made to them as a result of consultations or notices given under paragraph A.3; and
(b)not grant prior approval contrary to the advice of any person consulted in accordance with sub-paragraph (6)(ab)”.
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