Airspace Modernisation – The Consultation Process (Article 3)

Where there is to be an airspace change – like airspace modernisation, there needs to be a consultation with affected communities. This is a statutory requirement under the Transport Act 2000 and the Air Navigation Guidance 2017 given under that Act.

The courts have decided that where there is a consultation, then for that consultation to be proper and valid it:

“must be undertaken at a time when proposals are still at a formative stage; it must include sufficient reasons for particular proposals to allow those consulted to give intelligent consideration and an intelligent response; adequate time must be given for this purpose; and the product of consultation must be conscientiously taken into account when the ultimate decision is taken” see R v Brent London Borough Council, Ex parte Gunning (1985).

With this in mind, the CAA in their supervisory role have decreed that an airspace change consultation must be undertaken in a specific way, which is set out in their document CAP1616. CAP1616 (which is itself a lengthy document in several volumes) sets out a process for running the consultation from start to finish. The current version of CAP1616 is version 5 can be found on the CAA website at https://www.caa.co.uk/our-work/publications/documents/content/cap1616/ .

The process sets out “Stages” that go from the beginning of the process right up to its termination, and briefly are:

Stage 1:              The organization requiring the change (e.g. Heathrow wanting to introduce PBN) drafts a Statement of Need with supporting documents. One of these documents is the Design Principles of the change

Stage 2:              The Design Principles are developed and assessed. A list of options is developed to execute the requirements of the change. Those options are assessed. The assessment should be done in conjunction with discussion with representatives of people that may be affected by the change. In the case of Heathrow, a “Comprehensive List of Options” or “CLOOs” has been produced. Not all will go forward but the total possible area is below. This means that people, who will have high levels of departure noise could also be subject to high levels of noise from arrivals as well, when the wind changes operational direction, thus increasing the overall noise as well as reducing much needed respite.

Stage 3:              This is the public consultation stage and is the very core of the process. The documents are put into the public domain and Heathrow are obliged to go out into the communities affected and explain the changes, their effects and solicit views, reactions and objections to the proposals. The responses should then be collated and reviewed by Heathrow. The documents, as far as they go at present, are up to Stage 2 and are already in the public domain on the CAA Portal for this change at https://airspacechange.caa.co.uk/PublicProposalArea?pID=386 (there are a lot of documents!)

Stage 4:              The airspace change design is updated in the light of the responses that have been received from the consultation and then the revised proposal is submitted to the CAA.

Stage 5:              The CAA assesses the proposal with all the documentation and decides to either pass or fail the proposal

Stage 6:              The change is implemented if passed.

Stage 7:              There is a post implementation review to review the effects

At present, the consultation has passed Stage 2, and the next phase is the formal Stage 3 consultation with the public. This will be the time when you need to speak up, be inquisitive and ensure that you understand what is going on.

If you do not understand something, make sure that you put questions, and if they are not answered to your satisfaction then complain in writing, contact your MP, join with others in making public representations.

It was reported within the last month in the Daily Telegraph that there are airspace change proposals at Gatwick to concentrate the air traffic into fewer routes thus making “motorways in the sky” and that these “Gatwick plans could turn Kent into a ‘noise sewer’”. The same could happen to us!

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