Review of existing Section 106 Agreement - Thanet District Council

As an initial action, Section 10.1 therefore should require the production of acomprehensive traffic and access strategy for at least a five year period, toinclude searching modal shift targets for passengers and employees, asrequired by the Department for Transport’s guidelines.With an ASAS established the additional impact of any unanticipateddevelopment would then need to be assessed as outlined in principle inSection 10.2Ideally the Airport ought to have submitted an ASAS by now, so that realisticand binding targets can be incorporated into the S.106 Agreement completion.This does not appear to be the current intention.6.12 Environmental StatementThe proposals in Section 11.1.1 and Section 11.1.2 are to firstly submit aMaster Plan, which would then be followed, after and interval, by anEnvironmental Statement (ES) based on the Master Plan.It is disappointing the neither of these items are available for evaluation priorthe completion of the S106 Agreement, although the willingness to proceedwith these is welcomed.The main concern is the separation of the Master Plan and the subsequentEnvironmental Statement, which is the primary means to assess the proposalsset out in the Master Pan. The submitted Master Plan should therefore beexpedited as quickly as possible, and should include the submission of theEnvironmental Statement at the same time. Surface access issues are alsovery relevant to this exercise, as raised in Section 10.On this basis, there is a pressing need to establish between KIA and theCouncil the Scoping process for the Environmental Statement, mentioned in11.2, in order to achieve a comprehensive picture of the airport’s ambitionsand the environmental and other operational issues that may result.6.13 PaymentsExperience at other UK airports is that the creation of some form of“Community Fund” financed by fines for non-compliance to operationalregulations has considerable benefits in demonstrating effective managementby the airport, and strong discipline of airport activities by the Council.Difficulties can arise from the exact terms of eligibility for fund grants, where akey issue for such community funds is to ensure that the allocation of thefunds demonstrably benefits those affected by the Airport’s activities. In thecontext of the legal test of whether an Obligation in a Section 106 was valid, itis necessary to show that the relationship between the benefit and the affectedrecipient was legitimate “planning gain”.EU00142:FINAL REPORT PAGE 30