SCHEDULES
SCHEDULE 2REQUIREMENTS
PART 3REQUIREMENTS PERTAINING TO GREEN CONTROLLED GROWTH
Environmental Scrutiny Group
21.—(1) The undertaker must establish a body which is hereinafter referred to as the Environmental Scrutiny Group (“ESG”) as soon as reasonably practicable following service of the notice under article 44(1) (interaction with LLAOL planning permission) and in any event no later than 56 days prior to the due date for submission of the first Monitoring Report under paragraph 22 (monitoring of permitted operations) of this Part.
(2) The undertaker will request the attendance of the following individuals and competent officers of the following authorities to a meeting held by the ESG—
(a)Central Bedfordshire Council;
(b)Dacorum Borough Council;
(c)Hertfordshire County Council;
(d)Luton Borough Council;
(e)North Hertfordshire District Council;
(f)representation from a slot allocation expert;
(g)an independent chairperson appointed in accordance with the terms of reference; and
(h)an independent aviation specialist appointed in accordance with the terms of reference.
(3) The individual and competent officers in sub-paragraph (2) constitute the members of the ESG for the purposes of this Order from—
(a)in the case of the independent chairperson, the independent aviation specialist and the slot allocation expert, the date of their appointment in accordance with the terms of reference; and
(b)in the case of the Councils, the date on which they notify the independent chairperson of who their individual competent officer is and their appointment will be from that date,
and the membership of the ESG may include such additional individuals or bodies as agreed by the ESG and the undertaker.
(4) The ESG must operate, meet and make decisions in accordance with its terms of reference unless—
(a)otherwise agreed by the ESG and the undertaker, in accordance with the process set out in its terms of reference; or
(b)where the ESG has not been established in accordance with sub-paragraph (1), otherwise agreed by the bodies listed in sub-paragraph (2)(a) to (e) and the undertaker.
(5) The ESG is quorate for the purposes of decision making where the independent chair, independent aviation specialist, slot allocation expert (or an agreed substitute) and a minimum of two local authority representatives are present. In the event that quorum cannot be achieved at the scheduled meeting held under the provisions of sub-paragraph (2), then a further meeting may be held within seven days of such a meeting where as a minimum the independent chair, independent aviation specialist, slot allocation expert (or a substitute agreed) and at least one local authority representative who is not from Luton Borough Council are present.
(6) The undertaker, and if different, the airport owner or the airport operator, are permitted to attend the proceedings of the ESG and may make representations at the proceedings and present reports and plans to the ESG.
(7) The undertaker must establish Technical Panels which will provide technical support to the ESG in relation to each of the following matters—
(a)air quality;
(b)greenhouse gas emissions;
(c)noise; and
(d)surface access.
(8) The bodies invited to nominate a technical representative, and the appointment of an independent expert, to each Technical Panel will be determined in accordance with its terms of reference. The local authority nominated representative, subject to being a competent person, is not subject to approval by the chairperson of the relevant Technical Panel.
(9) The technical representatives nominated under sub-paragraph (7) and the independent technical expert will constitute the members of the Technical Panel for the purposes of this Order from the date approval is provided by the independent chairperson of the ESG in accordance with its terms of reference.
(10) Each Technical Panel must operate and make recommendations in accordance with its terms of reference unless otherwise agreed by the ESG and the undertaker, in accordance with the process set out in its terms of reference.
(11) The undertaker, and if different, the airport owner or the airport operator are permitted to attend the proceedings of the Technical Panels and may make representations at the proceedings and present reports and plans to the Technical Panels.
(12) Where the terms of reference impose obligations on the undertaker, the undertaker must act in accordance with the terms of reference.
(13) Part VA (access to meetings and documents of certain authorities, committees and subcommittees) of the Local Government Act 1972(1) and the Public Bodies (Admission to Meetings) Act 1960(2) do not apply to the ESG, or any Technical Panel, or to its meetings or proceedings.
(14) In this paragraph—
“airport owner” means the undertaker on the date this Order is made;
“competent officer” means a local authority officer that has sufficient training and experience or knowledge to consider reports from technical specialists and use these to support a decision-making function linked to a planning consent;
“independent aviation specialist” is an independent and suitably qualified person specialising in aviation;
“independent chairperson” is an independent and suitably qualified person with appropriate aviation experience;
“independent technical expert” means an independent person that is suitably qualified or has significant technical experience in either air quality, greenhouse gas emissions, noise or surface access;
“slot allocation expert” means a representative of a body involved with, or an individual with suitable knowledge, skills and experience related to the implementation and / or operation of the Worldwide Airport Slot Guidelines (WASG), or any successor document to establish best practice for the allocation of airport slots; and
“technical representative” means a representative that is suitably qualified or has significant technical experience in either air quality, greenhouse gas emissions, noise or surface access and excludes elected representatives.