Campaign group hails decision of inspector in seven-year dispute over whether airport land should be deregistered as common

The Open Spaces Society has hailed a planning inspector’s decision that Blackbushe airport should remain part of a common after a seven-year dispute.

Blackbushe Airport, which is used for private flying, applied in November 2016 to remove nearly half a square kilometre of airfield from Yateley Common, which is on the Hampshire register of common land. 

The OSS said planning inspector Mark Yates had now granted the application only in relation to the aerodrome terminal building and café, which it said occupied only around 500m² - equivalent to 0.1% of the proposed deregistration area.

OSS case officer Hugh Craddock said the group had challenged it through a public inquiry, following which another inspector (now retired) agreed with [Blackbushe’s] proposition that nearly half a square kilometre of aerodrome was curtilage of the terminal building.

Craddock added: “If this application had succeeded, it would have put at risk countless commons which are occupied by golf courses - where it would be claimed that the course was curtilage of the club house - or town or village greens where the green was said to be curtilage of the cricket pavilion.” 

The original public inquiry into the application was held in April 2019 and decided all the land concerned should be de-registered.

Objectors challenged that successfully at judicial review and its quashing of the inspector’s decision was upheld in the Court of Appeal with permission to appeal to the Supreme Court refused, leaving the decision to be redetermined.

Blackbushe Airport said in a statement that it “welcomes the decision which finally brings to a close a legal process that has lasted for seven years. 

“This decision now offers clarity and from this position the airport can move forward with a separate application for deregistration and exchange which we expect to submit in early January 2024.”

Mark Smulian