QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2A 2LL
B e f o r e :
| HOLIDAY EXTRAS LIMITED
|CRAWLEY BOROUGH COUNCIL
WordWave International Limited
Trading as DTI
8th Floor, 165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7404 1424
(Official Shorthand Writers to the Court)
Mr David Forsdick QC (instructed by Crawley Borough Society) appeared on behalf of the Respondent
Crown Copyright ©
MR JUSTICE COLLINS:
"The Borough Council will only permit proposals for new airport-related car parking on off-airport sites where they do not conflict with countryside policies and can be justified by a demonstrable need in the context of proposals for achieving a more sustainable approach to surface transport access to the airport."
"The Borough Council considers that a development must provide for itself all the car parking space necessary for it to function as far as is deemed appropriate by surface transport plans. Normally development should not give rise to a need to provide space in a remote location or create pressure for the development of a separate area of land. The parking of passengers' cars is, in the Borough Council's view, an integral part of the operation of an airport. The International Civil Aviation Organisation (ICAO) recommends that passenger car parking should be as close as possible to their departure destination, ie the airport itself, in order to minimise traffic movements and to enable airport traffic to be directed along roads and routes designated for this purpose. [...]
The Borough Council considers that as far as possible all long-term parking it is deemed appropriate to provide to meet airport passenger demands should be located within the airport. There are severe planning constraints in relation to protecting countryside surrounding the airport and as such there are considered to be few, if any, opportunities for further off-airport parking. Even if such an opportunity was found, proposals would be required to show a demonstrable need in the context of an agreed sustainable approach to surface transport access to the airport."
"1. The draft plan or programme of the environmental report prepared in accordance with Article 5 shall be made available to the authorities referred to [as those who have to be notified] and the public.
2. The authorities referred to ... and the public ... shall be given an early and effective opportunity within appropriate time frames to express their opinion on the draft plan or programme and the accompanying environmental report before the adoption of the plan or programme or its submission to the legislative procedure."
"There has been a strong policy approach [then there is reference to the existing GAT 8, 9, 10] supported by policies of the other local authorities surrounding Gatwick Airport requiring any necessary increases in long-stay parking to be provided within the airport boundary. Gatwick Airport Limited has produced a Car Parking Strategy which indicates that an additional 7,500 spaces are required to satisfy car parking demand as the airport grows to 40 mppa. The strategy highlights how these spaces could be provided within the airport boundary through a combination of decking and small extensions to existing car parks."
"Long Term Gatwick Related Parking.
- Retain the five saved Local Plan policies relating to Airport Related Parking."
"• Consolidate and save Local Plan policies into a single Core Strategy Review policy.
- Rely on the Gatwick Supplementary Planning Document and Car Parking Strategy."
"(2) The report shall identify, describe and evaluate the likely significant effects on the environment of—
(a) implementing the plan or programme; and
(b) reasonable alternatives taking into account the objectives and the geographical scope of the plan or programme.
(3) The report shall include such of the information referred to in Schedule 2 to these Regulations as may reasonably be required, taking account of—
(a) current knowledge and methods of assessment;
(b) the contents and level of detail in the plan or programme;
(c) the stage of the plan or programme in the decision-making process; and
(d) the extent to which certain matters are more appropriately assessed at different levels in that process in order to avoid duplication of the assessment."
"As you point out, the Inspector does have the discretion to invite anyone to appear at the hearings if he considers this is necessary to enable the soundness of the Local Plan to be determined. In your letter you raise one matter which the inspector had not previously appreciated (as it was not the subject of objection) on which, on reflection, he has decided to hear evidence. This is the change in approach to off-site parking between 2000 Local Plan Policy GAT 8 and proposed policy GAT 3. To ensure that all interested parties have an understanding of the issues involved in advance of the hearings, and to focus the discussion, the Inspector has inserted an additional question into the 'Matters, Issues and Questions' document issued on 20 January as follows:
Matter 4 Issue 3
4.14(a) Is the provision and policy GAT 3 which restricts additional or replacement airport-related parking to within the airport boundary justified and consistent with NPPF?"
"I accept that there will be some instances where off-airport parking results in shorter overall journeys by private vehicles. However, and in the absence of cogent evidence to the contrary, there is obvious logic to the argument that car parks close to the terminals will minimise the length of car journeys for most people, and that on-airport provision is therefore a more sustainable option. This is particularly the case with the growth in 'meet and greet' services where the extra trip to the parking location invariably extends the car journey length. There may be occasions where sustainability arguments justify a temporary airport parking use, such as on the safeguarded land at City Place, [which was the decision of the inspector] but exceptions such as these do not negate the validity of the policy. Furthermore, given the scarcity of land in Crawley and the available capacity at the airport, there is a strong argument that the priority for land which becomes available outside the airport should be a more productive use such as housing or employment. Overall I conclude that police GAT 3 is sound."
MR FORSDICK: I am grateful, my Lord. Can I therefore ask that the order be that the application is dismissed?
MR JUSTICE COLLINS: Yes.
MR FORSDICK: I would seek summary assessment of the Council's costs.
MR JUSTICE COLLINS: Have you been served?
MR PEREIRA: Yes, we have. There is not an issue on the costs.
MR JUSTICE COLLINS: In that that case, what is the amount?
MR FORSDICK: Therefore, I seek a costs order in the sum of £75,224. No issue has been raised.
MR JUSTICE COLLINS: If that is accepted.
MR PEREIRA: Those are my instructions.
MR JUSTICE COLLINS: I suspect it is less than yours.
MR PEREIRA: Much less.
My Lord, as a formality, can I ask for permission to appeal on the basis of the arguments that I have already run? I will not elaborate.
MR JUSTICE COLLINS: No. I am afraid I refuse leave to appeal. It seems to me that the position is clear and you will have to apply to the Court of Appeal if you want to take it further.
MR PEREIRA: I am grateful.
MR JUSTICE COLLINS: Thank you both.