15th March 2021

The Stansted Airport Public Inquiry comes to an end – now we must wait

The Stansted Airport Public Inquiry to consider plans for further airport expansion came to a close on Friday 12 March after eight weeks of evidence hearings and cross-examinations.  QCs for the three main parties – Manchester Airports Group (MAG), Uttlesford District Council (UDC) and Stop Stansted Expansion (SSE) – presented their closing submissions at the end of last week.  It will now be for the Panel of three Inspectors to decide whether to approve the airport expansion proposals.  A decision is expected in around three months.

On the very first day, UDC’s barrister, instructed by UDC’s officers, declared that MAG’s proposals were acceptable, subject only to certain conditions which, in SSE’s view, were so timid as to render them almost meaningless. It was an extraordinary start to UDC’s defence of the decision made by its Planning Committee in January 2020, by a margin of 10 votes to nil, to refuse permission for the Stansted Airport expansion proposals. There was no attempt whatsoever by UDC to mount a robust defence of the decision of its own Planning Committee.

MAG has made it clear that, if it wins its case, it will seek an award of costs against UDC but not against SSE. Costs at a Public Inquiry can only be awarded in the event of “unreasonable behaviour” and MAG claims that UDC behaved unreasonably in defending the appeal.

This Inquiry might not have been necessary if UDC had supported SSE’s call, three years ago, for the Secretary of State for Transport to deal with the Stansted Airport Planning Application nationally.  Instead, UDC insisted on dealing with the application itself, despite its limited resources and expertise in this area.

UDC submitted evidence to the Inquiry on just 4 topics and for each topic it concluded that MAG’s proposals were acceptable subject to conditions.  By contrast, SSE’s team of specialists, supported by external expert consultants and two of the country’s top planning barristers, presented comprehensive evidence to the Inquiry on 11 separate topics. The result was that MAG directed most of its firepower at trying to counter the SSE evidence, rather than UDC’s evidence, such as it was.

SSE chairman, Peter Sanders commented “I am immensely proud of SSE’s Inquiry team.  We all realise, of course, that this is a David and Goliath battle, but it is important to remember that it was David who won that battle, and he did so by giving it his best shot. That is exactly what SSE has done on this occasion.  We must now wait to see whether the powerful evidence that we have submitted will be enough to win the day.”

NOTES

  • MAG seeks permission for Stansted to be allowed to handle 43 million passengers per annum (mppa). Stansted currently has permission for 35mppa and in 2019 handled 28mppa. Over the past 12 months, as a result of the Covid-19 pandemic, Stansted has handled only 3 million passengers.
  • A full record of the Public Inquiry, including (until April 12) a video record of all the hearings, can be found at https://programmeofficers.co.uk/ssairport/ and a selection of the most relevant Inquiry documents is also available at https://stanstedairportwatch.com/library/information-centre/

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