The Airports National Policy Statement was designated, following a vote in the House of Commons, in accordance with the Planning Act 2008 (the Act). The Act recognises that once a national policy statement has been designated, there may be a change in circumstances on the basis of which the policy was decided.
Section 6 of the Act imposes a duty on the Secretary of State to review each national policy statement whenever they think it appropriate to do so. Under the Act, in considering whether or not to review a national policy statement the Secretary of State must consider: 1) whether there has been a ‘significant change’ in any circumstances on the basis of which any of the policy set out in the national policy statement was decided; 2) whether this change was not anticipated; and, 3) whether the policy would have been materially different if that change had been anticipated (“section 6 considerations”). After review, a Secretary of State must either: 1) amend, 2) withdraw, or 3) leave the national policy statement as it is.
Ultimately, the decision on when, if ever, to review is a matter of judgement for the Secretary of State, who will consider any changes in the evidence base as part of the section 6 considerations.
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