Saturday 10th February saw the end of the Examination period for the Airport Expansion Application. The whole inquiry has taken 185 days.
During this stage the examining authority of five Inspectors asked questions about the proposed Development. Through a series of deadlines, they, and any members of the public who had registered an interest, could ask questions of the Application, and the applicant could then answer points raised.
During this time the host of Local Authorities of Hertfordshire, Central Bedfordshire, and somewhat bafflingly but legally correct, Luton Borough Council, challenged the need and substance of the Application in great detail. We, LADACAN, Harpenden Quiet Skies, and St Albans Quieter Skies, plus other opposition community groups and members of the public put up the cold hard logical facts as to why this Development should be refused.
The depth of analysis and research submitted by the general public was astonishing, and all for free or little costs. Compare this to the phalanx of “experts” and specialists who were paid millions of pounds by the applicant Luton Rising, and whose responses maintained the wafer-thin credibility of the Application. We raise a massive vote of thanks to these individuals, for those Herculean efforts.
In response to the submissions and questions made by the public, and indeed those host Local Authorities, Luton Rising simply referred them back to their submitted documentation. Their attitude was simply, we know exactly what we are doing, do not question our plans, and simply trust us to do all we say we will. Within our “wonderful” Green Controlled Growth (GCG) plan, we will look after all those subjected to the intrusions of airport operations and the desolation of Wigmore Valley Park and the whole of East Luton by this Development. We will always put you first, now shut up and trust us.
There are many examples of the flimsy data submitted by Luton Rising being torn apart by various opponents, but we would like to share with you just one example –
The mantra that pervades this whole Application, is “trust us we will look after you, we won’t grow outside GCG controls, and we will be legally bound by them to ensure we do not”.
In response to this, the host Local Authorities proposed Financial Penalties for any breaches of GCG be that by noise or emissions transgressions. Such a simple and logical request sounds perfectly reasonable?
The response from Luton Rising was a vociferous loud NO!
There was no legal precedence within UK Planning Law for such a penalty system, and it was a slight on them that they would not uphold GCG regulations without it. To paraphrase Mr Shakespeare from Hamlet, “they doth protest too much, methinks”. Surely if Luton Rising are determined to enforce GCG regulations to the letter, then they would never break them, so Financial Penalties would never arise?
Surely to include such Financial Penalties would actually give the public more faith that they can trust Luton Rising?
Back to the Inquiry process, what happens next? Next up is the Recommendation Phase.
The Examining Authority writes its recommendation report. This must be completed and sent to the relevant Secretary of State, and published externally, within three months of the end of the Examination, so by early May 2024. The recommendation can be to accept or refuse the Application.
After this stage comes the Decision.
This is when the relevant Secretary of State reviews the report and makes the final Decision. The applicant can accept the report or decide to take the opposite choice. Once again, they have three months to make that Decision, so early August 2024.
We must consider that at some point in 2024 we will have a General Election. As such, the Decision may well come under Purdah regulations. These are Decisions which could influence voting in that election, so the Expansion Decision may be delayed. It would appear the current Government has no firm opinions on aviation expansion and climate change, so any second guessing on a decision is not possible.
However, as Luton currently has two Labour MP’s, is it reasonable to assume that if they are in power and deciding this Application, it will be passed? Once that Decision is made, either the applicant if unsuccessful, or any opposition groups if they are, there is a six-week period to challenge the Decision in the High Court, a Judicial Review.
This takes us to mid/late September 2024 for a Final Decision.
Judicial Reviews are very expensive, but Luton Rising has access to millions of pounds of funding from Luton Borough Council. For any of the host Local Authorities to challenge, money would have to be found from their budgets, and they have better ethics on that issue than Luton Borough Council.
We, nor any of the opposition groups, have access to that kind of money without calling upon the generosity of you the public. We would have to question whether we could deliver a positive outcome, before asking that public to dig deep.
As we are now entering a significant period of relative inactivity on this application, our articles on this website may not be as frequent as usual. We have been opposing this application for a little over five years and under other guises for the past seven. We intend to take a while out to refresh some very well used personal batteries, but we will of course post again any updates as they arise.