GAAC Newsletter March 2002
This Issue

Editorial : The GAAC
South Cambridge
Planning:
Another Threat: 'The 28 Day Rule'
Structure Plans
Brussels Transport Policy
Freedom to Fly
Aerodromes
Noise Suppression Kits
CAA Safety Evenings
Putting the Record Straight
Finance
AGM

Editorial

As there was hardly a clamouring mob at the gates of the office on 21 January volunteering to take on any of the Secretary/Editor/Fund Raiser/Web Co-ordinator tasks that your Editor currently performs, he is saddled with producing one more Newsletter. And there is plenty to report.
There is good news in the report on the outcome of the South Cambs. Inquiry, but a further threat has arisen in that the "28 day rule" is now under threat.
See the item on page 2 and please respond.

Good News from South Cambridge
Rejection of South Cambs proposals to stifle GA
Former Board member Peter Kember has reported on the successful outcome of the South Cambs. Local Plan Inquiry. I make no apology for giving more than one column to this important topic.
Peter Kember reports: 'There is little doubt that the Inspector's conclusions are wholly supportable by the aviation community. They deserve to be widely publicised in recognition of the commitment made by the GAAC and others to fight the first attempt ever made by a local planning authority to control aviation and flying in their district.'
It is also gratifying to note the Inspector's recommended policy for GA activity, which accords with that drafted by our Planning Adviser, Anna Bloomfield, and used in presentation of the GA case.
The South Cambs original policy for 'Small Airfields' required:
i) the need for an airfield management plan including flight protocol, aircraft identification, ground management procedures and an airfield liaison committee;
ii) impact of runway lights to be considered;
iii) views of the airfield to be screened;
iv) measures to protect users of rights of way affected by or close to the airfield;
v) absolute maximum of 40 take offs per day in any case, with a reduction where needed for other reasons;
vi) an environmental impact analysis;
vii) runway design and orientation to avoid houses/workplaces by 1000 ft during take off and 500 ft when landing;
viii) aircraft to be limited to fixed wing, propellor driven, maximum 2 engines with certificated total power output of 190 kw (about 250 bhp);
ix) limited hours of operation (daylight hours with maximum of 0830 to 1830 hours weekdays - 0900 to 1830 hours Saturdays, 0900 to 1400 hours Sundays and public holidays);
x) number of aircraft based to be limited to twice the permitted daily take-offs.
Of the need for the above policy the Inspector has stated:-
"These policies generated by far the greatest volume of objections" (3043 in total)
"It was suggested on behalf of the aviation objectors that there. is no need for a highly detailed and very prescriptive policy, on small airfields
"I understand what the Council seeks to achieve by these policies. However, the established and/or permitted uses of the various 'small airfields' are characterised by a wide variation in the existing nature and scale of their use and in their likely potential for expansion without planning permission, They also vary considerably in their locations in relation to nearby noise-sensitive development, the transport infrastructure, and areas of highest rural tranquility. In my view it is fundamentally over-ambitious and unrealistic to expect to be able to devise a policy which can be universally applied to all the smaller airfields in the amount of detail set out in the local plan.
"I consider that the policies contain an inappropriate level of detail, seemingly based too much on the individual circumstances of a single appeal case. They contain too much prescription and too little flexibility and are more likely to prove to be a millstone than a workable model.
"I do not believe that the Council would be able to apply the policies in the universal way that appears to be envisaged. Airfield proposals are almost certain to raise controversial issues in one way or another. Consequently, if application of the present policies were to be attempted it seems to me inevitable that this would soon be challenged through the appeal process. The material considerations represented by, the unique circumstances of the individual site and the particular nature of the proposal would then need to be set against the inflexibility of the policies. In my view this could well give rise to a more lengthy and costly appeal process than if a more neutral policy were to be adopted in the first place.
"The aviation objectors generally do not dispute that recreation is, and will probably remain, the major element of use at the smaller airfields. However, there could be, and are, other acceptable uses at such sites, relying on association with a particular airfield or the individual mix of uses based at it. It is fundamentally difficult to try to use terms like 'directly incidental', 'ancillary' or 'associated' (all of which need to be susceptible of precise legal interpretation) in the context of a generally applicable local plan policy. These objectors also consider it wrong to attempt to apply Government policy to restrict appropriate commercial uses. In their view it is the noise generated by the activity that is significant, not the motivation of the pilot or passenger. Whether a particular flight is recreational or commercial, the noise implications are the same. In that connection it is more important to control the number of take-offs rather than their 'type'.
"I agree that many of the references in these paragraphs are confusing and sometimes appear to be predicated on sources of control that do not exist. On the whole I consider that most of this material should be deleted."

The Inspector then concentrated on a systematic critique of each and every aspect of the Council's policy, which is not easily paraphrased. The whole report can be viewed on the South Cambs. Web site at: www.scambs.gov.uk

Planning: Another Threat to General Aviation

At present, planning law in England permits the temporary use of any land for any purpose for not more than 28 days in any calendar year (although some purposes are restricted to no more than 14 days in total). Many small flying sites operate under this "28 day rule" and some larger operations began in this very modest way.
The "28 day rule" is now under threat. As part of its far ranging review of the entire planning system, Central Government is deciding whether, or not, this rule should be allowed to continue. Interestingly, flying activities have not been mentioned specifically as causing this need for change although, in many cases, GA can fall under the "motor sports" category.
It is apparent that the review has been driven by concerns about car boot sales and temporary markets, motor sports such as stock car racing, and clay pigeon shooting. Unfortunately, GA will be caught up in any changes.
Six options are set out in the Government's recent consultation paper on the subject:
1. Retain the current situation.
2. Remove temporary use rights for all users.
3. Remove the 28 day "permitted development" rights for temporary markets, all motor sports and clay pigeon shooting.
4. Reduce the number of days on which temporary markets, all motor sports and clay pigeon shooting can operate without planning permission, to seven days in any one year.
5. Introduce a size threshold above which "permitted development" rights would be removed for temporary markets, all motor sports and clay pigeon shooting. This appears to be aimed primarily at markets.
6. Introduce a notification procedure for events - again aimed at markets, fetes and similar events.

Question 17 asks: "Which option for temporary use provision do you most favour. Would you prefer an alternative option not set out in the paper?"

Question 18 asks: "Why do you prefer your chosen option?"

The consultation paper sets out the pros and cons of each option but does not make any recommendation.

The "28 day rule" is a very valuable planning tool which has been of benefit to many over the years. Its loss would be very regrettable and should be strongly resisted. Readers are therefore urged to respond to this consultation paper and request that option 1 - for no change - be chosen. There are no forms to complete. You simply need to answer Questions 17 and 18 and send the letter to:
Development Control Policy Division
Department of Transport, Local Government and the Regions
Zone 4/J3, Eland House
Bressenden Place
London SW1E 5DU
For the attention of Mr Iain Clark
The deadline for submitting your views is 24th April 2002.
Please make your, and your organisation's, views known. If you do not, one of the main benefits of the planning system for GA could well be lost. Don't let that happen.


Structure Plans

Anna Bloomfield, our Planning Co-ordinator, has updated the guidance note on Structure Plans in which she describes their function and their relevance to aviation. She goes on to suggest what action you might take and outlines the framework of the type of policy that we believe should be incorporated into any structure plan if GA is to survive in that area:
"The establishment of flying sites for all types of aviation activity, or changes to operations at existing sites, will be considered on their merits having regard to the following:

1) the economic and employment advantages arising.
2) the broadening of the range of recreation provision available within the County/Region.
3) The likely impact upon residential and other noise sensitive properties in the immediate vicinity (i.e. under flight paths and circuits), by virtue of noise and disturbance.
4) The benefits to services such as the public utilities.
5) The site's role in the overall transport infrastructure of the County/Region, having regard to sustainable development issues.
6) Visual impact.. Restrictions upon the number, type and times of movements would be the subject of conditions attached to any grant of permission as required in the specific circumstances of the case and in negotiation with the operator, having regard to the economic viability of the site."

However this general wording may need to be modified to meet individual circumstances.
The full text of this note is available in the Planning section of the GAAC Web Site www.gaac.co.uk

Brussels Transport Policy

Strictly speaking this should be headed: 'European Transport Policy for 2010: Time to Decide' , but the so called White Paper is and reads as yet another bureaucratic treatise from Commission officials. In it we are promised: : 'A large number of political measures and instruments will be needed to launch the process....... The measures advocated in the White Paper are merely the first stages of a longer term strategy.'
One of the major objectives of the proposals is to constrain the growth in air transport, which can only mean introducing distortions into the market; a common aviation fuel tax for the EU area is one proposal, though the UK government rejects this.
The text of the GAAC response can be found on our web site, but the general message conveyed is that General Aviation has to be recognised as an essential element of the Europe's national transport, business and leisure infrastructure in any long term transport policy. On the taxation front we argue for the imbalance between the tax on aviation gasoline and kerosene for domestic flights to be removed by abolishing both.
In summary we
· registered objections to the threatened increase in centralised bureaucracy that could only increase the cost of GA operations and generally impair the competitiveness of EU countries.
· argued for a unified policy on aerodromes for the UK if it were to fit in with any plans for rationalising transport within the EU area.
· asked that silencing kits already certified for use by an EU country should be available throughout the EU area without requiring separate certification national authorities.
· supported any measures that would improve the efficiency of air traffic control are so long as they did not incur additional costs on non-commercial flights, in particular flights operating under visual flight rules (VFR).


Freedom to Fly


Recently your President, Chairman and Secretary met the Chairman (Baroness Dean) and the Campaign Director of the newly formed Freedom to Fly campaign to establish a working relationship. Their concern is with air transport rather than GA, but it is important that we ensure that wires are not crossed.


Aerodromes - Enniskillen (St Angelo)

Despite representations from the GAAC and AOPA and local operators, the local authority has decided to mothball the airport. This is despite the fact that only recently the airport has been modernised with some £1 million being spent on resurfacing the runway.
However, efforts are still afoot for others to operate the aerodrome, but on the Council's present plans the aerodrome will close in the near future.


Aircraft Noise Suppression Kits

During a debate in the House of Lords our President raised the question of the acceptability to the CAA of silencers certified in other EU countries, without additional certification. The Minister at DTLR has advised that in most cases the CAA does accept the assessment of the foreign airworthiness authority, though further investigations are required if there are aspects where our national regulations are different. This is more likely in the case of aircraft imported from Germany because while almost every other country - including the UK - adopts ICAO noise standards, the Germans have adopted different standards.
The CAA claim to keep their involvement to a minimum. While any investigation would normally be carried out once only for each combination of silencer and aircraft type, that is a costly process. This leaves a number of questions unanswered; these are being pursued.

CAA Safety Evenings

Remaining safety evenings for the current winter season are scheduled for:
Date Area Phone
4 March Newcastle 01912 861321
6 March Inverness 01667 462226
7 March Cumbernauld 01236 452525
23 March Little Snoring 01485 540340
27 March Cambridge 01223 373214

Putting the Record Straight - Not a Crash Landing

There is less misleading reporting of aviation incidents than was once the case, but one of our readers spotted a report in the Sevenoaks Chronicle on 31 January and helpfully replied accordingly:
'Your front-page report (31 Jan) of the unfortunate flying lesson incident near Biggin Hill is a fine example of the kind of misrepresentation that those involved in flying have constantly to battle against. The headline and picture caption cry out "crash" landing, while the picture shows it to have been anything but, and the article calls it a "disaster', which it clearly wasn't. The landing may well be described as a forced landing, or an emergency, or even a drama, but a "crash" landing is an inappropriate description for what was a perfectly-executed field landing with both occupants walking away entirely unhurt. Tucked away on p.14 in the editorial, you redeem yourselves slightly by praising the pilot. However, you then stray off into anti-aviation territory again by suggesting that this incident might be used to help prevent expansion of activity at Biggin Hill. Consider this: deaths in light aircraft accidents in the UK are only a dozen or so each year. Deaths and serious injuries on our roads every year are about forty thousand. Does this produce hysteria and prevent more roads being built? No. I urge you and all readers to learn a proper perspective on what General Aviation is all about, and stop being so instinctively negative.'

This is a splendid example to follow if you should come across similarly misleading reports.


Finance


The Financial year ended on 31 January and provisional figures show that the loss over the year was contained at only £1,500, rather less than was expected given the heavy expenditure on producing and distributing the new pamphlet 'Why General Aviation?'. A reduction in expenditure on consultancies - largely on planning work - had helped to reduce the size of the possible deficit.
Donations for the current year have started to flow in to the office. If yours was not amongst them let's hear from you soon. I must emphasise that our activity depends entirely on voluntary donations and that all are gratefully received.
Since the last Newsletter donations have been received from The Air League, Aerobatic Displays Ltd, Bagby Aerodrome, Bebecar (UK), British Helicopter Advisory Board, Bickerton's Aerodromes, B-N Group, The Britten Foundation, Cabair, Cisavia, East Sussex GC, ELSEC, Fairoaks Airport, GAPAN, R Goode Aerobatics, HBC Group, Historic Aircraft Assn, International Fellowship of Flying Rotarians, Pawnee Aviation, PFA Gloster, Mid-Kent and Southern Struts, Pilot Centre (Denham), Stampe Club, Staverton Flying School, Thistle Aviation, UK Rans RV Squadron, Vintage Aircraft Club, Wingtask Ltd, H Crush, L Durrell and I Walker. Many thanks.


Annual General Meeting

The GAAC AGM will be held at 2pm on Friday 12 April 2002 at the Royal Aeronautical Society, 4 Hamilton Place, London W1V 0BQ. All are welcome.
Member organisations may make nominations to the Board. To be valid these must reach the GAAC office no later than Friday 22 March.