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Decision letter: Civil Aviation Act 1982

The Head of Legal Services
Manchester Airport Plc
Manchester
M90 1QX

Dear Sir

CIVIL AVIATION ACT 1982
MANCHESTER AIRPORT (CONTROL OF LAND BY DIRECTIONS) ORDER 1997
MANCHESTER AIRPORT DIRECTIONS 2001

I am writing to inform you that the Secretary of State for Transport, Local Government and the Regions has considered your letter of 5 July 1999 and subsequent correspondence, and has now made the enclosed directions to bring into effect the Manchester Airport (Control of Land by Directions) Order 1997, made on 16 July 1997 under section 46(1) of the Civil Aviation Act 1982.

The directions provide for action to be taken to fell or reduce in height trees within the area of the take-off climb surface of runway 06R at Manchester Airport.

In considering the form of the directions, the Secretary of State has been concerned to strike a fair balance between the demands of the public interest of the community and the protection of the individual's fundamental rights. He acknowledges that the felling or reduction in height of trees as authorised by the directions must result in the deprivation of property. He nevertheless considers that it is in the wider public interest in ensuring that the trees concerned do not pose a threat to the safe operation of aircraft. The Secretary of State accordingly believes that there is a reasonable relationship between the means employed and the aim sought to be realised.

The Secretary of State hereby authorises Manchester Airport Plc and its agents to undertake the operations specified in the directions.

In accordance with Schedule 9 to the Civil Aviation Act 1982, Manchester Airport Plc must publish a notice immediately in one or more newspapers circulating in the locality stating that directions have been given. Manchester Airport Plc must also serve notice of the directions on every owner, lessee and occupier of land to which the directions relate and every local authority in whose area any of that land is situated.

I would also draw your attention to the species protection provisions of the Wildlife and Countryside Act 1981, and to the fact that English Nature is available to provide advice if needed before Manchester Airport Plc or its agents undertakes any of the operations specified in the directions.

Yours Faithfully

Ian McBrayne
Civil Aviation Division
Authorised by the Secretary of State to sign in that behalf

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