What should you do if affected by Heathrow's third runway?

Many are concerned about the impacts of the Heathrow third runway proposal, which is now being progressed again. It is important to engage early and Freeths can advise and assist you to achieve the best outcome.

Heathrow's third runway

Heathrow Airport and the UK Government are now focusing again on the medium to long term shortfall in runway capacity in the south-east of England, with confidence improving in the aviation sector following the catastrophic effect of the pandemic.

A Heathrow third runway remains the principal solution supported by the Government. Heathrow Airport has reinstigated work on preparing a Development Consent Order (DCO) application to seek the Secretary of State for Transport’s approval for the project under the Nationally Significant Infrastructure Projects legislation. Heathrow Airport is carrying out further pre-application consultation.

Many in the private and public sector are concerned about the interference with property, environmental impacts, disruption of road and other transport networks and impacts of public facilities. The private sector includes owners, logistics companies, other occupiers and objectors, and the public sector includes host authorities and statutory consultees.

The large majority of the consultation and design development work is done at the pre-application stage for DCO applications, when it may be possible to obtain changes to the project. Even where a business near Heathrow may be prepared to relocate, early engagement is necessary because the prime relocation spots are likely to be taken up early by affected businesses.

How can we help?

Our highly ranked Planning & Environment team, working alongside you and any other professionals you have appointed, can advise you to ensure your interests are best represented on the following:

• Drafting objections or representations as part of the consultations

• Legal reviews of heads of terms for settlement agreements, including business relocations

• Drafting settlement agreements, including for compensation, business relocations, land transactions and rights and addressing concerns raised by host authorities or statutory consultees

• Representation at the DCO examination once the DCO application is submitted, and drafting of associated documentation

• Negotiating statutory provisions in the DCO or other mitigation measures

• Legal advice and assistance regarding overall strategy, compulsory acquisition, the DCO examination process, other aspects of the project and the negotiations with Heathrow Airport

Our market leading Real Estate team, working closely with our Planning & Environment Team, can advise you on the following:

• Reviewing leases and property rights to understand how Heathrow’s proposals may affect occupation and ownership

• Advising on lease rights, including break options, renewal rights and security of tenure

• Negotiating lease surrenders or early exits where premises are likely to be required

• Advising on lease renewals and new commitments where the future of a site is uncertain

• Supporting negotiations with landlords, tenants and Heathrow to achieve practical, commercially sensible solutions

• Assisting with relocation, including negotiating leases for replacement premises

• Negotiating easements, licences for access and other rights

• Providing a joined-up property and compensation strategy working alongside any other professionals you have appointed

• Helping to shape strategy early, assisting occupiers to protect their position and preserve flexibility before the DCO and acquisition process progresses

Get in touch

Should you need our advice or assistance, please get in touch early with Robert Bruce or Shashi Chambers. We will be happy to discuss and work with you and any other professionals you have appointed on achieving the best outcome.