Heathrow Third Runway: Safety Instructions For Affected Parties

The Third Runway readies for take-off as Heathrow Airport begins consultation on draft proposals for the design and location of the airport expansion. The consultation is a 'non-statutory consultation' under the Planning Act 2008 and runs until 28 March 2018.

So what does this mean exactly? And should you be returning your seat to the upright position and stowing your tray table?

What does the consultation cover?

Heathrow Airport Limited ('HAL') are seeking views on options for the location and layout of the proposed runway and associated facilities and upgrades, and also on new airspace principles (but not flight path options). Broadly-speaking, the key components of the project are:

a runway of either 3,200m or 3,500m in length up to three terminal extensions various new areas for associated airport facilities, car parking, taxiways and flood management As part of the works to facilitate the development, various diversions to rivers and highways are being considered, including to the M25, A4 and A3044.

What is a 'non-statutory consultation' under the Planning Act 2008?

The Planning Act 2008 established a 'streamlined' consenting regime for major infrastructure that is of 'national significance'. Permissions granted under the Act are called 'development consent orders' ('DCO'), which are statutory instruments granting a range of powers and permits for the construction, operation and maintenance of the project.

Prior to making an application for a DCO, a developer is required by statute to undertake compulsory (ie statutory) pre-application consultation. Only one round of pre-application consultation is compulsory - but it is customary for applicants to voluntarily undertake one or more rounds of informal (ie non-statutory) consultation first in order to assist with formulation of the proposals and facilitate as much consensus as possible.

In other words, this is an informal consultation round to seek feedback on a limited set of high-level strategic options for the project. Whilst feedback can be given voicing opposition in principle to the development, objections will not be formally registered with the Planning Inspectorate at this stage.

What happens next?

The outcome of this consultation will be the selection of a 'preferred option'. HAL will then hold a second, also non-statutory, consultation round on this preferred option (expected late 2018/early 2019), which will include more detailed information on the likely environmental...