PRESS RELEASE

Kemble Airport’s future safe after historic legal ruling.

The future of one of the country’s most popular historic airfields is safe, following a landmark legal battle against two councils, who wanted to impose significant limitations on flying activities
A decision, in the High Court in London, to uphold the granting of a Certificate of Lawfulness (CLEUD) for General Aviation at Kemble Airport, is being hailed by the site’s directors as a victory for aviation.
The move, which follows a costly two-year fight against the councils – the court awarded costs against the councils which will now have to be picked up by the taxpayer – has also safeguarded the future of hundreds of jobs at the former military airbase, which, for many years, was home to the world famous Red Arrows aerobatic display team.
It also paves the way for the continuation of an ambitious investment programme to further enhance and improve the existing facilities and create new across the airport, which it is envisaged will attract new aviation and ground-based business to the site and assist existing business on site to expand.
An Airport director Air Commodore Graham Pitchfork said: “This was an historic landmark decision and a real victory for general aviation and common sense.
“I firmly believe that this particular case will now be held up as a prime example if and when similar cases regarding general aviation arises in the future.
“Anyone who knows about aviation has heard of Kemble and this decision now gives us the opportunity to not only preserve the heritage of this superb airfield and its facilities but to also facilitate its commercial growth and stability and further increase the already excellent ties we enjoy with the surrounding community and with the general aviation community.”
Fellow estates director Lee Paul, who has been closely involved with the case since its inception, said : “With this behind us we can now continue our ‘on hold’ discussions with a number of potential new aviation occupiers looking to relocate to Kemble to take advantage of the excellent facilities we already have developed across the site.
“A number of businesses have either declined to move to Kemble due to the cloud of uncertainty looming over us or delayed making a long term commitment.
“With the future of the airfield now having been secured and no stringent restrictions being imposed we hope to reenergise a number of these previous interests.”
The former MOD airfield located in the Cotswolds, has been told by a judge that it may continue to operate without any stringent restrictions, despite attempts by planners to severely limit activities.
The site has been a flourishing base for flying activity for more than 70 years.
Yet council officers, responding to a persistent anti-aviation campaign from just a handful of local residents during recent years, had jeopardised the airfield’s future by launching legal proceedings, without any justified legal basis.
The action by Cotswold District Council and North Wiltshire District Council (now Wiltshire County) is likely to ultimately cost the taxpayer more than £100,000 following the award of costs by the judge against both councils
The judge ruled, last week, in favour of the airport, which receives overwhelming support from the majority of the local community, following a Judicial Review.
The decision to uphold the granting to Kemble Airport of a CLEUD for General Aviation, at the High Court was greeted with both relief and frustration by the airport’s owner and chief executive Ronan Harvey, who has paid in the region of £100,000 out of his own pocket to fight the action.
Costs subsequently awarded to Mr Harvey will take the total value of the proceedings to way above that figure – due to the amount already paid out on the case by the two authorities - which will come from the public purse.
He said: “This is a victory not just for the airport in general but for the hundreds of people employed here, everyone that uses the site and common sense.
“Kemble has been able to operate as an active airfield for decades and provides an important focal point - not just for the local community but for the region as a whole.
“The attempts to suddenly restrict its use follow a sustained and persistent campaign by a handful of local residents, who bought their houses in the community knowing full well they were close to an active airfield.
“Legally, there was absolutely no basis for the councils’ attempted action but had restrictions been imposed to prevent the site being used for general aviation, it would have threatened the airport’s future and those of the people who work and use it.
“The majority of people living around Kemble Airport see it as an asset to the community and have lived alongside it happily for many years.
“This unjustified, costly and ill-considered legal action has needlessly cost the taxpayer vast sums of money.
“This whole episode should serve as a stark warning to local authorities, who in this case appear to have acted based on misinformation and the aggressive and persistent views of a tiny minority rather than the majority.
“We are now, as we always have been, extremely keen to receive a better understanding and enjoy an improved working relationship with both councils.”
Despite the airfield enjoying widespread support from within the community for decades, Cotswold District Council took enforcement action to restrict flying at the site in 2007, following correspondence from the same handful of local residents.
The most persistent campaigners, former RAF jet and commercial airline pilot John Gurney and his wife Angela, who bought a property in the nearby village of Kemble Wick some 30 years ago, when Kemble Airfield was a busy military airbase (and the Red Arrows were flying at maximum effort) have bombarded both councils with complaints and letters.
Dealing with the Gurneys’ correspondence alone will have undoubtedly cost the authority a great deal of officer time, which will have also been funded from the public purse.
The enforcement notice, which the airport owners appealed against, resulted in a public inquiry in 2007, at which the council’s claims were thrown out on legal grounds within the first few minutes.
To overcome any future enforcement issues, planning officers then encouraged the airport to apply for a CLEUD to regularise the existing and historic flying activities being undertaken from the airport over the past 10 year period.
In the interest of co –operation and good will, the airport subsequently submitted a CLEUD (accompanied with a substantial bundle of supporting evidence) for General Aviation.
However, although councillors approved the CLEUD at a meeting on June 25, 2008, the same planning officers who had actively encouraged the airport to apply for it had, to the huge surprise of airport officials, strongly recommended it be refused despite not producing any contrary evidence to contradict or dispute the amassed evidence of the airport.
The decision by the members to approve then prompted North Wiltshire District Council to launch legal proceedings against Cotswold District Council, claiming the CLEUD process had been not been handled correctly.
The planning officers at Cotswold District Council failed to embrace and protect the decision made by their own members democratically.
As a consequence, it was left to Kemble Airport to defend the certificate and the decision taken by Cotswold District Council members from the action taken by North Wiltshire District Council.
The historic decision yesterday, to uphold the granting of the CLEUD, and throw out the council’s claims, means the future of the airport, and the business sited thereon, are now safe. The Judge dismissed in its entirety all claims and grounds made by North Wiltshire District Council and refused a request for a leave to appeal by the council against the decision.
Simon Chambers, Director of Tetbury planning consultants LPC, who worked closely with the airport throughout the case, said: “I’m very pleased with the result and that the judge vindicated the original evidence presented.
“It was unfortunate the matter had to go to the courts, considering the strength of evidence was such from the beginning.”
Kemble Airport owner Ronan Harvey added: “It’s only natural, as an active airport, that we will, from time to time, receive complaints.
“Whenever this has happened, we have tried to be sympathetic and understanding in our attempts to resolve the issue.
“We will continue to adopt an attitude of open dialogue with local residents and the planning authorities.
“Our door is always open and we are committed to maintaining and improving relations between Kemble and the community.”

BACKGROUND BRIEF
Royal Air Force Kemble opened in 1938 as part of the RAF’s ‘expansion plan’, which concentrated on training and maintenance bases.
It has been used for aviation activities ever since and was home to the world-famous Red Arrows display team during the 1980s, who were a regular sight in the skies above the south Cotswolds, practicing up to four times a day.
The airport’s current owner, Ronan Harvey, operated the airfield on behalf of the Ministry of Defence for five years, before purchasing it outright in 2001.
His aim was to maintain the site’s use as an active airfield and safeguard its rich heritage, while at the same time encouraging both local and international businesses to base themselves at Kemble – a move which has created hundreds of jobs in the local community,
Today, the site, which is licenced by the Civil Aviation Authority, is home to dozens of businesses, flying clubs and a thriving restaurant and stages a host of events, including the hugely popular annual Kemble Airshow, Vintage Flying Weekend, Race for Life, and Mobility Show – the biggest UK show devoted to mobility for the disabled.
In addition, the airport has very strong ties with the local community, offering a flying scholarship scheme to young pilots, engineers and would-be traffic controllers.
The airport also raises hundreds of thousands of pounds for charities and worthy causes, including the RAF Benevolent Fund.

EDITORS’ NOTE: For more information call airport director Suzannah Harvey on 01285 771177