On 11th June 2021 the Department for Transport notified the Interested Parties that they were undertaking a further consultation in order to allow them to redetermine the DCO following the decision of the High Court on 15th May 2021 that the previous approval was unlawful.
The main points the Secretary of State has identified for consideration are:
1.(a) The extent to which current national or local policies (including any changes since 9 July 2020 such as, but not limited to, the reinstatement of the ANPS) inform the level of need for the services that the Development would provide and the benefits that would be achieved from the Development.
1.(b) Whether the quantitative need for the Development has been affected by any changes since 9 July 2019, and if so, a description of any such changes and the impacts on the level of need from those changes (such as, but not limited to, changes in demand for air freight, changes of capacity at other airports, locational requirements for air freight and the effects of Brexit and/or Covid);
2. The extent to which the Secretary of State should, in his re-determination of the application, have regard to the sixth carbon budget (covering the years between 2033 – 2037) which will include emissions from international aviation and;
Any other matters arising since 9 July 2019 which Interested Parties consider are material for the Secretary of State to take into account in his re-determination of the application.
3. In addition to the above matters set out in paragraph 2, the Secretary of State requests information from the Interested Parties specified below.
4. In light of the passage of time since close of the examination, the Secretary of State requests the Applicant to consider the currency of the environmental information produced for the application (including information submitted to inform the Habitats Regulation Assessment) and either confirm the continued currency of that information, or where necessary, to submit updated information.
5. The Secretary of State seeks confirmation or otherwise from the Government Legal Department of consent to the compulsory acquisition under section 135 of the Planning Act 2008 in relation to plots 019c and 05b held as Queen’s Nominee in respect of bona vacantia land.
6. The Secretary of State seeks confirmation or otherwise from both the Met Office and the Secretary of State for Housing, Communities and Local Government of consent to the compulsory acquisition under section 135 of the Planning Act 2008 in relation to plot 27. 7.
The deadline for any response is 9 July 2021. The Society will be carefully considering these matters and responding to this consultation within the specified period.
Full text of the letter from the Department for Transport here.