Section 16 Common land exchange APPLICATION
Updated 04/11/2024
On Tuesday 2nd January 2024, Blackbushe Airport submitted an application pursuant to Section 16 of the Commons Act 2006 to deregister approximately 35.3 acres of the active aerodrome from Yateley Common, and replace with 35.3 acres of land at Cottage Farm, Yateley.
On this page you can find the application and supporting materials.
Introduction
Since the 1960s, the continued operation of Blackbushe Airport on an area of Yateley Common has presented challenges for the development and infrastructure at the airport. Various owners of the airport sought to resolve these issues in the 1980s and 1990s, but there lacked a legislative framework to enable them to do so.
In 2015, Sir Peter Ogden purchased Blackbushe Airport from the previous owners, British Car Auctions. Blackbushe Airport has suffered from a lack of investment over many years, and many of the facilities are long past their intended life span. We aim to modernise Blackbushe, improving the facilities for the existing wide mix of General Aviation facilities, and maintaining accessible public areas where the local community can continue to enjoy aircraft up-close.
We are not targeting a big increase in movements like at Farnborough, but we do want to provide hangarage to shelter aircraft already here, and provide facilities expected for an airport of size, including supporting developing industries like electric aircraft. The airport operational buildings and current café are all very tired and are long overdue an upgrade. We have two based charities, which are also in desperate need of appropriate facilities improvements.
To achieve this, to build anything on the airport, we need to resolve the common land status. In 2016 we commenced a process under Schedule 2(6) of the Commons Act 2006 to deregister approximately 115 acres of the active aerodrome from Yateley Common. Whilst this application was successful at Public Inquiry, the decision was subsequently overturned by the High Court and Court of Appeal. This approach resulted in the footprint of the Terminal Building, and part of the Pathfinder Cafe building being deregistered in November 2023, but no other area.
The more conventional approach for applications to deregister land from a registered common is for applicants to provide a parcel of land of equal size by way of exchange, and to do this under Section 16 of the Commons Act 2006. Until recently, there was not any suitable land available that met the required criteria. In 2021 we were able to acquire a parcel of land at Cottage Farm Yateley, circa. 35.3 acres and have been working on the required reports, surveys and other supporting material for a Section 16 application for exchange.
APPLICATION PROCESS
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Prior to submitting our application to the Planning Inspectorate, we chose to consult early with key stakeholders, including local councils, organisations, and those with registered common rights. This was an opportunity to identify any areas within the application which needed amending, or needed further explanation or detail, and comments provided within this pre-application consultation informed this final application submission.
The parties consulted were:
Hampshire County Council
Hart District Council
Yateley Town Council
Open Spaces Society
Natural England
Owners of properties with registered common rights (26 properties)
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The application was submitted to the Planning Inspectorate (PINS). Notices regarding the application were placed both at the Release Land (Blackbushe Airport) and the Replacement Land (Cottage Farm). A notice was placed in the Yateley News and Mail on 3rd January 2023.
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A public consultation is now underway . Representations should be made in accordance with instructions further down on this page by Friday 16th February 2024.
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A planning inspector with experience in deciding matters of common land deregistration and exchange will be allocated by PINS. Depending on the representations received during the public consultation and other factors, the inspector will decide whether to determine the application based on written submissisons or to hold a Public Inquiry. We anticipate an inquiry is likely based on our analysis of other similar cases.
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If a Public Inquiry is held, we expect to be given a date for a Public Inquiry towards the autumn / winter 2024. This will usually be at a local venue and the public will be able to attend.
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An inspector will make a determination of the application either based on written submissions, or following a public inquiry. Based on PINS guidance we expect a decision to be within 12 months of the application being submitted.
HOW DID WE CONSULT?
Notices at the Release Land and Replacement Land
An advert in the Yateley New & Mail
Social Media Posts by ourselves as well as the Yateley Society and Yateley Town Council
An advert on the screens in the Pathfinder Cafe
Email messaging to over 4,000 addresses on our mailing list
Direct emails / post to commoners, local councils, and individual councillors
An Extraordinary Consultative Committee meeting on 23rd Jan, followed by a repeat session on 31st Jan. Attendance across these two sessions was approximately 85-90 people.
A presentation to the Yateley Society and 35 of their members on 1st Feb
We received over 450 representations which were either through our website, or copied to us. More may have been sent directly to PINS.
APPLICATION Documents
(1) Section 16 Application Form
(2) Health & Safety Questionnaire
(3) DRAFT Section 17 Order (provided to assist the inspector if the application is approved)
Figure 1 - Map of Yateley Common with Release and Replacement Land
Figure 2 - Release Land Plan (Blackbushe Airport)
Figure 3 - Release Land Plan with Airside / Landside
Figure 4 - Replacement Land Plan (Cottage Farm)
Figure 5 - Release Land Public Rights of Way
Figure 6 - Replacement Land Public Rights of Way
Figure 7 - Release Land Designated Sites
Figure 8 - Replacement Land Designated Sites
Figure 9 - Landscape Character
Figure 10 - Landscape Designations
Figure 11 - Release Land Heritage Assets
Figure 12 - Release Land 1894 OS Map
Figure 13 - Replacement Land Heritage Assets
Figure 14 - Replacement Land 1894 OS Map
Figure 15 - Provisional Agricultural Land Mapping
Figure 16 - Works to Replacement Land - Placemarkers
Figure 17 - Locations of Registered Commoners
Appendix A - Aerodrome Licence
Appendix B - Yateley Common CL24 - Register Scan
Appendix C - Release Land with Areas covered by Hardstanding
Appendix D - Release Land with SINC Areas
Appendix E - Environmental Management Plan (including appendices)
Appendix F - Summary of Pre-Application Consultation Responses.
(6) Environmental Management Plan (including appendices)
(7) DRAFT Deed Applying Section 193 of the Law of Property Act 1925
(8) Blackbushe Vision Document
(9) BAL Letter of Consent to S16 Application
applicant’s response to consultation
The period in which to make representations closed on Friday 16th February.
On Friday 8th March PINS provided us with copies of all responses for our review and response. They gave us 3 weeks (until Friday 29th March 2024) to provide any additional information by written response. We responded accordingly on Thursday 28th March 2024.
Some of the comments raised some constructive suggestions, which have been incorporated into an updated EMP or revisions to the language within the various legal documents.
For others, it was necessary to clarify some areas where consulted have misunderstood, or have identified ambiguities.
And in some cases we responded to objections with our counter-arguments.
There is no requirement for us to write to individuals in response, and PINS wish to control the communication between BAL as the applicant, and the consulted to ensure the inspector has visibility of everything. However, in the interests of transparency we have provided a copy of our response and associated appendices below:
Applicant’s Response to consultation, submitted 28th March 2024.
Appendix 1 - Table of Proposed Amendments to Supporting Documents
Appendix 2 - Summary of Relevant National and Local Policy Provisions
Appendix 3 - Local Authority Search
Appendix 6 - DRAFT Deed Applying Section 193 of the Law of Property Act 1925 Revision B
Appendix 7 - DRAFT Environmental Management Plan Revision B (including appendices)
Appendix 8 - Flight Circuit Compliance and Data from the CAA
Appendix 9 - Future Aircraft Movements
second representations
Following this response, one registered commoner and the Yateley Society made further representations which we received on 25th May 2024. We responded on 7th June 2024 with the following documents:
Applicant’s Response to further submissions
Appendix 1 - DRAFT Environmental Management Plan Revision C
THIRD REPRESENTATIONS
One registered commoner and the Yateley Society made another round of representations which we received on 30th July 2024. In addition, our dialogue with Hampshire County Council had continued as we discussed the form of the Section 106 agreement which holds us accountable for ensuring the Environmental Management Plan is followed.
We responded to PINS on 13th August 2024. We understand this is to be the final round of representations.
Applicant’s Response to further submissions
Appendix 1 - DRAFT Environmental Management Plan Revision D
Appendix 2 - DRAFT Section 106 Agreement - Revision D (Form agreed with HCC)
INSPECTOR SITE VISIT
Paul Freer, an inspector from PINS conducted a site visit to both the Release Land (the airport) and the Replacement Land (Cottage Farm) on Thursday 31st October 2024. Present during this visit were:
Chris Gazzard, Rebecca Cornthwaite, Matt Potter - Blackbushe Airport
Alison Hewitt, Mary Ferriss, Alan Kinnaird - Yateley Society
Cllr Pamela Phelps-Jones - Yateley Town Council
Martin Butcher, Kevin Fane - Interested Parties
The purpose of the site visit was to allow the inspector to view the release land and replacement land first-hand ahead of making a decision. PINS are keen to stress that the inspector cannot discuss the merits of the application at this visit, and so nobody was able to make any representations to the inspector. Usually it is the preference of PINS that these visits are unaccompanied. In our case, wandering around the airport unattended is not possible, it can only be under escort by somebody equipped with a radio to speak to the tower in the interests of safety. In accompanied visits PINS will therefore invite other parties to attend to ensure that the visit is transparent and impartial.
WHAT’S NEXT?
We now await information from PINS on either a decision, or whether a hearing or Public Inquiry is necessary.
FAQs
Common questions surrounding the application, answered.
VISION
See what the future holds for Blackbushe
FUTURE MOVEMENTS
We’re focussed on parking and rental revenue, not increasing movements.