|
APPENDIX
1
-
Kent International (Manston) Airport
Full Council Report, 21st October 2004
Dated:
(1) Thanet District Council
(2) Kent International Airport plc
AGREEMENT PURSUANT TO SECTION 106 OF THE TOWN
AND COUNTRY PLANNING ACT 1990 AND SECTION 111 OF THE LOCAL GOVERNMENT ACT 1972
1st Draft for Thanet District Council, and
public consultation
11th October 2004
This Agreement is made the day of Between:
(1) Thanet District Council of Cecil Street Margate Kent CT9
1XZ ("the Council"), and
(2) Kent International Airport pic (registered in England; registration number
1472559) of 35 Berkeley Square Mayfair London W1X 5DA ("the Owner")
WHEREAS:
(a) The definitions contained within clause 1 shall apply to
these Recitals
(b) The Council is the local planning authority for the
purposes of the 1990 Act for the area within which the Property is situate
( c) The Owner is the Registered Proprietor of the Property
registered at HM Land Registry under Title Number
NOW THIS AGREEMENT WITNESSETH as follows:
1. Interpretation and Construction of this Agreement
1.1 In this Agreement save where the context otherwise
requires:
| "the 1990 Act" |
means the Town and Country Planning
Act 1990 as amended inter alia by the Planning and Compensation Act 1991 |
| "the Airport" |
means Kent International (Manston)
Airport Ramsgate Kent CT12 5BP as edged red on the plan intituled
"Plan 1 " |
| "the Council's Address" |
means Cecil Street Margate Kent CT9 1 XZ or
such other address that the Council may from time to time notify the
Owner of |
| "Engine Testing" |
means any running of engines in connection
with scheduled or planned maintenance or repair either with engines on
or off of an aircraft |
| "Engine Testing Area" |
means an area within the Property
designated by the Owner for the purposes of Engine Testing |
| "Environmental Statement" |
has the same meaning as in Regulation 2(1)
of the Town and Country Planning (Environmental Impact Assessment)
(England And Wales) Regulations 1999 |
| "Flight Movements" |
means the taking off or landing of civilian
aircraft at the Airport and includes any 'touch and go' movements which
shall be deemed to constitute a landing and take off |
| "light aircraft" |
aircraft less than a maxuw 5700 at take
off and as .such will include coastguard, medical and rescue aircraft. |
| "the GPDO" |
means the Town and Country Planning
(General Permitted Development) Order 1995~ |
| "MACC" |
means the Manston Airport Consultative
Committee |
| "MAIF" |
means the Manston Airport Environmental
Improvement Fund |
| "the Master Plan" |
means a plan to be prepared by or on behalf
of the Owner in accordance with the White Paper, 'I'he Future of air
Transport' (cm 6046 Dec 2003) and with reference to Department of
Transport Guidance "The Preparation of Airport Master Plans' 2004. |
| "Night-time" |
means 2300 - 0600 hours |
| "Relief Emergency F1ights" |
means flights required to relieve immediate
suffering or prevent loss of life after a major disaster or conflict.
Any subsequent movement of material, personnel or infrastructure to
commence the recovery/rebuilding operation be considered to be a
commercial activity. |
| "Extenuating
Factors" |
the disaster/conflict is ongoing and the
Airport is the most appropriate airport for the emergency co-ordination
activity. |
| a National Government or internationally
recognised relief agency advice that ongoing relief is essential to
minimising the loss of life. |
| the flights were programmed to depart
within operational hours but Security has indicated that the departures
have to occur outside those hours, and the flights are carrying relief
materials like foodstuffs, medical supplies, temporary accommodation,
water purifying equipment or similar |
| "Noise Contours" |
means a line of equivalent continuous sound
level superimposed on a geographical representation of the Airport and
surrounds. |
| "Noise Contour Map" |
means a computer generated map of weighted
equivalent continuous sound level contours arising from all Flight
Movements based on flight path aircraft types and destinations and such
contours shall cover the period 0700 -2300 hours and (if there are
Regular Night Flying Operations) the period 2300 -0700 hours |
| "Noise Monitoring Terminal" |
means a sound level meter optimised for
continuous data capture for aircraft and background noise capable of
storing and analysing a minimum of twelve months' historical data |
| "the Owner's Address" |
means 35 Berkeley Square Mayfair London WIX
5DA or such other address that the Owner may from time to time notify
the Council of |
| "the Property" |
means the property described in the First
Schedule |
| "the Register" |
means the register of local land charges
maintained by the Council |
| "Regular Night Flying
Operations" |
means Flight Movements which are scheduled
or programmed and which occur frequently or regularly to the same or
similar patterns for the same operator during Night-time |
| "Quota Count" |
means the noise classification for an
aircraft on take off or landing which shall be judged in accordance with
the following table
Noise
Classification
QC Points
Less than 90 EPNdB
0.5
90-92.9 EPNdB
1
93-95.9 EPNdB
2
96-98.9 EPNdB
4
99-101.9 EPNdB
8
Greater than 101.9 EPNdB
16
and for the avoidance of doubt an aircraft shall be deemed to have taken
off or landed at the time recorded by the air traffic control unit of
the airport |
1.2 References to a clause schedule or paragraph are
references where the context admits or requires to a clause schedule or
paragraph of a schedule in this Agreement
1.3 The clause and paragraph headings in this Agreement are
for ease of reference only and are not to be taken into account in the
construction or interpretation of the clause or paragraph to which they refer
1.4 Words importing the singular meaning include the plural
meaning and vice versa unless the context otherwise requires
1.5 Words of one gender include both other genders and words
denoting natural persons include corporations and firms and all such words are
to be construed interchangeably in that manner
1.6 Words denoting an obligation on a party to do any act
matter or thing includes an obligation to procure that it be done and words
placing a party under a restriction include an obligation not to permit or
allow infringement of the restriction
1.7 Any reference to any enactment (whether generally or
specifically) shall be construed as a reference to that enactment as amended
extended re-enacted or applied or consolidated by or under any other enactment
and shall include all instruments orders plans regulations permissions and
directions made or issued thereunder or deriving validity therefrom
1.8 The expression "the Council" and "the
Owner" shall where the context so admits or requires include the
respective successors in title of the Council and the Owner
1.9 Reference in this Agreement to "the Parties"
is a collective reference to the Council and the Owner
1.10 All references in this Agreement to time are references
to local time
2. Enabling Power
This Agreement is entered into by the Council pursuant to:
2.1 its powers under Section 106 of the 1990 Act;
2.2 Section 111 of the Local Government Act 1972; and
2.3 all other powers enabling the Council in this behalf
3. Planning Obligation
All of the covenants and obligations of the Owner contained herein are planning
obligations for the purposes of Section 106 of the Act and shall be enforceable
by the Council against the Owner and any person deriving title to the Property
or part thereof providing however that no person shall be bound by this
Agreement after he has relinquished the whole of his interest in the Property
save that nothing in this clause shall affect any liability for any antecedent
breach of any of the provisions of this Agreement
4. Term of Agreement
4.1 This Agreement shall remain in force for the period of
three years from the date hereof
4.2 The Parties shall not later than 33 months after the
date of this Agreement consult to review the terms of this Agreement ( or at
any earlier date either in the event of a major development proposal being
promoted by the Owner or if agreed by the Parties to consult earlier) and with
a view to agreeing a new agreement of the same or a similar nature as this
Agreement to address changing circumstances and the next planned phase of the
development of the Airport
4.3 If the Parties shall not have agreed and executed a new
agreement of the same or a similar nature as this Agreement prior to the
ending of this Agreement then this Agreement at the option of the Council
shall continue in force and the Owner shall operate the Airport in accordance
with its terms
5 The Owner's Obligations
5.1 The Owner covenants to comply with the obligations set
out in the Second Schedule.
5.2 This Agreement shall disregard use of the Property (or
any part thereof) for the purposes of:
5.2.1 any commemorative flights (except during Night-time);
and
5.2.2 any public air display or exhibition (which includes
Flight Movements) provided they are:
5.2.2.1 not on more than two occasions in any calendar year;
and
5.2.2.2 limited to a single 24-hour period and for 24 hours
before and after the event
6. GPDO and Planning
It is hereby declared that:
6.1 Nothing in this Agreement shall affect restrict or
inhibit or be construed to affect restrict or inhibit in any way whatsoever
any permitted development rights that the Owner enjoys under the GPDO
6.2 Nothing in this Agreement shall restrict or inhibit or
be construed to restrict or inhibit the Owner in making any application for
planning permission of whatsoever nature in connection with the Property
during the continuance of this Agreement
6.3 Nothing in this Agreement shall restrict or inhibit or
be construed to restrict or inhibit the current planning permissions or
certificates of lawful use the Airport has the benefit of or enjoys during the
continuance of this Agreement
7. MACC
The Owner agrees to:
7.1 meet the administrative salaries and costs of MACC; and
7.2 provide for the use of MACC a meeting room at the
Airport, or within the district of Thanet, dependent on the requirements of
the Committee itself.
8. Statutory Provisions
In the event that the Owner or the Council are required to comply with any
planning condition or other statutory or legal obligation (other than a
contractual one) imposed upon them by any relevant authority the terms of which
conflict with the provisions of this Agreement such condition or obligation
shall prevail over the provisions of this Agreement and the Owner and the
Council as the case requires shall not be in breach of this Agreement by reason
of their compliance with such condition or obligation provided that the parties
hereto may review the relevant provision of this Agreement in the event of such
conflict and the Owner and the Council shall give full and proper consideration
to any reasonable proposal which they may bring forward to resolve such conflict
9. The Agreement
9.1 The Council hereby releases the Owner from the covenants
contained within the 2000 Agreement
9.2 Contemporaneous with this Agreement the Council will
forthwith remove the 2000 Agreement from the Register
10. Registration of this Agreement
10.1 This Agreement shall be registered as a local land
charge in the Register
10.2 Where in the opinion of the Owner any provision of this
Agreement has been completed and/or satisfied (as the case may be) the Owner
shall be entitled to make application to the Council for a certificate to the
effect that the provisions of this Agreement have been completed and/or
satisfied (as the case may be) and upon the Council (which shall act
reasonably and diligently in considering such application) being satisfied
that such obligations have been completed and/or satisfied the Council shall
issue a certificate to such effect and forthwith place a note of such
certificate with the Register or remove this Agreement from the Register (as
the case may be )
11. Notices
Any notice required to be served or given under this Agreement shall be made in
writing and shall be deemed given when delivered in person or sent by
first-class pre-paid post and served:
11.1 on the Council at the Council's address
11.2 on the Owner at the Owner's address
|