Introduction
1.1 Efficient and thriving airports are essential
to national prosperity in the twenty first century, but to the communities
in which they operate they can be a mixed blessing. On the one hand
they give the nation improved communications and trade, and the surrounding
area gets more employment opportunities , economic growth and increased
local authority income. On the other hand, they impact on the environment
and can generate the need for substantial local authority investment.
1.2 Obviously, the larger the airport the greater
its effects. A major international airport tends to dominate both
the economy and the environment of the area in which it is situated.
Airports therefore create conflicts of interest. It is obviously
healthy, both for the affected communities and for the airport operator,
for these conflicts of interest to be resolved wherever possible or,
where this is impossible, for them to be mitigated through dialogue
and better understanding on all sides. This is one of the main functions
of Airport Consultative Committees together with such matters as securing
adequate levels of service for users of airports and responding to
national and international proposals for standards and legislation
relating to or generated by airport activities.
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Statutory Background
2.1 Most Airport Consultative Committees are
constituted pursuant to section 35(1) of the Civil Aviation Act 1982
(as amended by the Airports Act 1986) which states:
'This section applies to any
aerodrome which is designated for the purpose of this section by an
Order made by the Secretary of State.
The person having the management
of any aerodrome to which this section applies shall provide:
- for users of the aerodrome;
- for any local authority (or, if the persons
having the management of the aerodrome is a local authority, any
other local authority) in whose area the aerodrome or any part thereof
is situated or whose area is in the neighbourhood of the aerodrome;
and
- for any other organisation representing the
interests of persons concerned with the locality in which the aerodrome
is situated,
adequate facilities for consultation
with respect to any matter concerning the management or administration
of the aerodrome which affects their interests'.
2.2 The Act does not define “adequate facilities” which is
a matter left to the airport operator but as a consequence of this
legislation it has become the practice to have Airport Consultative
Committees at most airports. Guidelines for such Airport Consultative
Committees have been circulated by the Government and a copy of these
Guidelines is attached hereto.
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 The
Need for Airport Consultative Committees
3.1 The Department for Transport (DfT) has
the primary responsibility for matters relating to civil aviation,
including the general duty of organising, carrying out and encouraging
measures for the development of civil aviation.
3.2 The airport operators and DfT therefore
have great powers which can and do have a considerable influence on
the lives of thousands of people who live within the surroundings
of airports. It is easy to see how the individual, whose life is
affected by this enormous and rapidly growing industry, could feel
helpless to influence decisions which are affecting his or her life.
This is why an effective mechanism has been provided for interests,
other than those of airport and aviation emphasis, to be heard.
3.3 The Consultative Committee helps to provide
a focus for communication between the decision-makers and those affected.
The DfT and the airport operator can explain their proposals and future
policies to the Consultative Committee and invite its comments in
the knowledge that they are discussing these matters with representatives
of the interests affected. Similarly the Consultative Committee can
react to local pressures and opinion to draw the attention of the
Government and the airport operator to the problems which the airport
is causing to the local community, both at present and in the future,
and to seek remedies for them. However, the Committee should also
be proactive in introducing proposals to the Government and airport
operator to help balance the needs of the community with those of
the airport.
3.4 The Consultative Committee can also help
the local community by seeking, and acting as a repository of, reliable
information because it is very easy for partial information or exaggeration
to provide a breeding ground for rumour and widespread disquiet.
Thus, even if conflicting interests cannot be reconciled, the Consultative
Committee can promote better understanding between the parties so
that the dialogue can be constructive rather than destructive. An
effective Consultative Committee can be seen to be acting with objectivity
and balance amongst a welter of interests, each with its own particular
point of view.
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 Representation
4.1 Representation on Airport Consultative
Committees varies according to local circumstances but it is important
that each airport should have the discretion, in practice in consultation
with the Consultative Committee, to decide on the scope and level
of representation that is acceptable on the committee based on local
circumstances and practice.
Independent Chairman
4.2 It is important that the Chairman should
be independent of the Airport and of the various interests represented
on the Committee – and, indeed, of any other interest in, or affected
by, the Airport. Appointment of the Chairman by the Airport need not
compromise his/her independence but perceptions are important and
care is required both in framing the arrangements for appointment
and for ensuring that the Chairman is unfettered, and is seen to be
unfettered, in carrying out his/her duties in a fair and independent
manner. Where such an appointment is made by the Airport it should
be made with the appropriate involvement of the Committee according
to local circumstances. The appointment of the independent Chairman
should be for a minimum period of three years although there should
be no prescribed maximum period of appointment. The Chairman should
receive appropriate remuneration based on the local circumstances
and workload.
Secretariat
4.3 A properly resourced secretariat should
be appointed to ensure the effective working of the Committee.
 Representation
4.4 Local authorities within the sphere of
influence of airports should be represented, augmented by local resident
and/or amenity groups where this is considered appropriate and necessary.
It is important that commercial and trade bodies, including airlines
and airport freight operators, are represented on the Committee.
Passengers should also be represented via such bodies as the Association
of British Travel Agents and the Consumers Association, and by independent
individuals representing passenger interests.
4.5 Whilst it is important to limit the number
of committee members to a manageable size, it is essential that all
those affected by or involved in the operation of an airport have
access to a representative who can speak on their behalf.
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Liaison between Consultative Committees
5.1 The Chairmen and Secretaries of the principal
Airport Consultative Committees meet annually to discuss common issues.
This provides a useful forum for the exchange of information on,
and discussion about, common problems such as noise pollution. Each
year a different airport hosts the conference so that Chairmen and
Secretaries can build up their knowledge and experience of the nation's
airport facilities.
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Effectiveness of Airport Consultative Committees
6.1 Airports generate employment opportunities,
stimulate economic growth and create the need for improved infrastructure
and public transport etc all of which can greatly benefit those living
in their catchment areas - and Consultative Committees play a useful
part in ensuring that the interests of the people they represent are
taken into account in such developments; however it must be borne
in mind that Consultative Committees are advisory and not executive.
They have no powers to enforce or impose their recommendations. Their
effectiveness therefore depends entirely upon their powers of persuasion
and on the goodwill of those involved. Furthermore, Consultative
Committees by virtue of their constitution, must seek to hold the
precarious balance between the interests of civil aviation, of passengers
and other users of the airport and of the people living in the area,
and of the local environment. If they espouse one or other of these
interests to the exclusion of the others, their credibility will be
diminished and they will therefore not achieve their full potential
in their objectives. However, because they do hold the balance and
therefore must seek consensus and compromise, they have to run the
risk of seeming ineffective on occasion to those who are single-minded
in their support of (or opposition to) one or other of those interests.
Committees, almost by definition, cannot fully meet the hopes and
expectations of all interests concerned.
 6.2
The achievements of Consultative Committees may perhaps be listed
as follows:
6.2.1 They provide a forum for informed
discussion leading to the provision of advice and/or recommendations
to both the Government and airport operators – in the form of a consensus
but including minority views where these are significant
6.2.2 They provide the means
and basic information for informed discussion on the various issues
generated by the operation of the airport and those interests which
are affected by it; its members are enabled thereby to bring an informed
viewpoint to the discussions which take place in the bodies which
appoint them.
6.2.3 They disseminate information by some or
all of the following means:
- press reports of proceedings at meetings;
- wide circulation of Consultative Committee papers;
- publication of annual reports;
- publication of information on the Internet where this facility
is available.
- arranging public meetings;
6.2.5 They provide evidence
of all aspects of the issues facing the airport and thereby equip
representatives to take a balanced view of the matters before the
Committee.
6.2.5 They help to establish
the airport as part of the local and wider community mitigating the
tendency for such a large successful industrial complex becoming an
‘island entire unto itself’.
6.2.6 Their very existence is
evidence that Government accepts that the airport does impact on the
surrounding area and is willing to discuss those issues which arise
from this; and the dialogue which they have established enables the
Government to demonstrate its commitment to the principle of consultation.
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Guiding Principles for Best Practice
7.1 The following guiding principles for Best
Practice are recommended for consideration by Consultative Committees:
-
the Chairman should be independent of the airport
operator and of any other interest represented on the Committee
– or, indeed, of any interest in, or affected by, the airport
and its operation. Where an appointment is made by the airport
it should be made with the appropriate involvement of the Committee
according to local circumstances. The fact that the Chairman may
in practice be appointed by, and be paid by, the airport operator
should in no way compromise his/her independence but the arrangements
for the appointment, and for the operation of the Committee, should
be framed in such a way that this is not only assured but is seen
to be assured. The appointment should be for a minimum period
of three years although it is felt that there should be no prescribed
maximum period of appointment. The Chairman should receive appropriate
remuneration based on the local circumstances and workload;
-
a properly resourced secretariat should be
provided to ensure the independent and efficient working of the
Committee;
-
the airport should have the discretion, in
practice in consultation with the Consultative Committee, to decide
on the scope and level of representation that is acceptable on
the committee based on local circumstances and practice;
-
the term of office for representatives should
be more than one year to enable them to develop a good base of
information regarding the work of the Committee;
-
meetings of the Committee should be held at
a suitable venue acceptable to the Committee;
-
although it should not be a requirement of
the Committee to have an independently appointed aviation adviser
and/or environmental adviser, such or similar should be appointed
if local circumstances warrant it and in any case the Committee
should be able to seek advice from a wide range of sources as
and when necessary – such as from local authority officers and
airport staff;
-
meetings should be open to the press and public
at the discretion of the Committee;
-
the minutes of the meeting should reflect the
range of views and advice and/or recommendations to the airport
operator put forward by members and should not merely reflect
the majority viewpoint;
-
the airport operator should be required to
meet the reasonable costs of administering the Committee and any
cost sharing among the members of the Committee which might be
appropriate in certain circumstance should be a matter for local
consideration;
-
the Consultative Committee should ensure the
publication on a regular basis of information about the major
issues it has considered either by regular written reports or
on the internet or both.
In April 2012 the Department for Transport said the role of Airport Consultative Committees would be looked at in the Aviation Policy Framework and the Government intended to issue a public consultation on a draft new version of the guidance once this final policy was in place.
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