Statutory Instrument 1989 No. 248

The Gatwick Airport—London Noise Insulation Grants Scheme 1989

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© Crown Copyright 1989

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1989 No. 248

CIVIL AVIATION

The Gatwick Airport—London Noise Insulation Grants Scheme 1989

Whereas it appears to the Secretary of State that buildings near Gatwick Airport—London, being by virtue of the Civil Aviation (Designation of Aerodromes) Order 1981^[1] an airport designated for the purposes of section 79 of the Civil Aviation Act 1982^[2] , require protection from noise and vibration attributable to the use of the aerodrome;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 79 of the Civil Aviation Act 1982, and of all other powers enabling him in that behalf and after consultation with Gatwick Airport Limited (being the relevant manager for the purposes of the said section 79), hereby makes the following Scheme:

Citation and commencement
    1.    This Scheme may be cited as the Gatwick Airport—London Noise Insulation Grants Scheme 1989 and shall come into force on 1st April 1989.

Interpretation
    2.    In this Scheme-
"earlier schemes" means the Gatwick Airport—London Noise Insulation Grants Scheme 1973^[3] , the Gatwick Airport—London Noise Insulation Grants Scheme 1975^[4] , and the Gatwick Airport—London Noise Insulation Grants Scheme 1980^[5] ;
"eligible dwelling" means a dwelling to which this Scheme applies under Article 4;
"flueless combustion appliance" means an appliance designed for use without connection to a flue system, the products of combustion being allowed to mix with the air of the room in which the appliance is situated;
"GAL" means Gatwick Airport Limited;
"insulation works" means works carried out in order to insulate dwellings, or parts of dwellings, against noise.

Revocation
    3.    The Gatwick Airport—London Noise Insulation Grants Scheme 1980^[6] and the Gatwick Airport—London Noise Insulation Grants (Variation) Scheme 1981^[7] are hereby revoked.

Dwellings to which the Scheme applies
    4.—(1)  This Scheme applies to all dwellings, being dwellings the construction of which was completed before 1st April 1980, situated wholly or partly within the area shown hatched red on the map marked"Gatwick Airport—London Noise Insulation Grants Scheme 1989" sealed with the Official Seal of the Secretary of State for Transport and deposited at the office of the Departmental Record Officer, Romney House, 43 Marsham Street, London, SW1.

    (2)  For the purposes of this Scheme-
 (a) all bedrooms and a maximum of two living rooms in a dwelling shall qualify for insulation works:
Provided that-
 (i) a room used, or intended for use, only as a kitchen or scullery, or a room in which there is installed a flueless combustion appliance (including a gas cooker), and
 (ii) any room added to a dwelling, if the addition was completed after 31st March 1980,
shall not be eligible for insulation;
 (b) a dwelling converted into two or more dwellings shall be treated as a single dwelling if the conversion was completed after 31st March 1980.

Persons to whom grants are to be paid by Gatwick Airport Limited
    5.    Subject to the provisions of this Scheme, GAL shall make a grant in respect of an eligible dwelling to any person who has applied for the grant at a time when-
 (a) he is the occupier of the dwelling, or
 (b) if the dwelling is unoccupied at that time, he is entitled to be the occupier, or
 (c) if there is a tenancy or licence of the dwelling, he is the immediate landlord or licensor of the occupier or, if the dwelling is unoccupied, of the person entitled to be the occupier,
and the amount of the grant shall be recoverable by that person from GAL as a debt due to him:
Provided that-
 (i) if two or more persons have applied for a grant in respect of the insulation of the same room, otherwise than as joint applicants, the grant shall be paid only to the applicant otherwise entitled to it whose application was first received by GAL unless such application shall be withdrawn;
 (ii) a grant shall not be paid to any person, if he claims the grant by reason of being the landlord or the licensor of the dwelling, unless he was entitled to an interest in that dwelling on 1st April 1980, whether as holder of the fee simple or otherwise and has retained the interest since that date; or in any other case unless on that date he resided or was entitled to reside in that dwelling, disregarding any tenancy or licence held by any other person, and has resided there or has been entitled to reside there continuously since that date;
 (iii) a grant shall not be paid if the dwelling is, at the time when the application is lodged, the subject of tenancy or licence unless the applicant, being the tenant or licensee, certifies that he has obtained any requisite consent of the landlord or licensor, or being the landlord or licensor, certifies that he has obtained any requisite consent of the tenant or licensee.

Conditions upon compliance with which the payment of grant is dependent
    6.    The payment of a grant in respect of an eligible dwelling under this Scheme shall be dependent upon compliance with the following conditions:
 (a) the applicant shall, on or before 31st March 1991 and before the start of the insulation works to which the application relates, have lodged an application in writing for the grant with GAL;
 (b) the applicant shall, before the start of the insulation works to which the application relates, have received from GAL a written statement indicating whether in the opinion of GAL the application will qualify for a grant under this Scheme and if not, for what reasons;
 (c) the application shall have included:
 (i) the address of the dwelling;
 (ii) the name and address of the applicant, together with a statement whether he claims to be entitled to a grant as occupier, landlord or otherwise;
 (iii) such information as will indicate whether the applicant is qualified for a grant notwithstanding provisos (ii) and (iii) to Article 5 of this Scheme;
 (iv) brief specifications of the proposed insulation works in each bedroom and living room to be insulated, including an estimate of the cost per room and the total cost; and
 (v) a statement that the proposed insulation works will conform to the Schedule to this Scheme;
 (d) the applicant shall have provided GAL with sufficient evidence that the insulation works to which the application relates have been completed and of their actual cost;
 (e) the insulation works to which the application relates shall conform to the Schedule to this Scheme;
 (f) the insulation works to which the application relates shall have been completed before 30th September 1992.

Amount of grant
    7.—(1)  Subject to the following paragraphs of this Article, the rate of grant in respect of an eligible dwelling shall be 100 per cent of the actual cost of the insulation works reasonably incurred in respect of items required or permitted by the Schedule to this Scheme.

    (2)  The total amount of grant payable under this Scheme in respect of any eligible dwelling shall not exceed the total of the sums specified in the second column of Table 1 below in relation to the items specified in the first column (whether or not those items are included in the insulation works done under this Scheme in respect of that dwelling).
TABLE 1

(a) double windows (including cost of making good existing fabric and decoration)	£92 per square metre
(b) vent type "A" or permanent vent type "A" (including cost of making good existing fabric and decoration)	£55 per unit
(c) inlet fan ventilator system (including cost of making good existing fabric and decoration)	£123 per system
(d) second door for each external door opening directly into an insulated room (including cost of making good existing fabric and decoration)	£92 per square metre
(e) blocking up of each chimney in an insulated room	£73



    (3)  The maximum cost recoverable by way of grant in respect of each of the items specified in subparagraphs (a) to (e) of Table 1 above shall not exceed the amount specified in the second column of that table in relation to that item and where there is to be installed a combined ventilator system (in place of a separate vent and ventilator) or any Venetian blinds, the maximum cost recoverable in respect of those items by way of grant shall not exceed the amount specified in the second column of Table 2 below in relation to those items as specified in the first column:-
TABLE 2

(a) combined ventilator system (including making good existing fabric and decoration)	£154 per system
(b) Venetian blinds	£21 per square metre



    (4)  Where the permitted works include the provision of Venetian blinds, where appropriate, and by reason of their inclusion the cost of the insulation works carried out exceeds the total amount of the grant payable under this Article in respect of the insulation works specified in (a) to (e) of the table in paragraph (2) of this Article, the cost in excess of that amount shall be payable by the applicant.

    (5)  No grant shall be payable for the blocking of chimneys in the case of a dwelling which is a public authority dwelling.

    (6)  For the purposes of paragraph (5) of this Article"public authority dwelling" means a dwelling which is let or available for letting and where the interest of the immediate landlord, or the person who would be the immediate landlord if the dwelling were let, belongs to one of the following bodies:-
 (a) the Commission for the New Towns;
 (b) a development corporation within the meaning of the New Towns Act 1981^[8] ;
 (c) the Housing Corporation;
 (d) a housing association for the time being registered in the register of housing associations maintained under section 3 of the Housing Associations Act 1985^[9] , other than one whose rules restrict membership to persons who are tenants or prospective tenants of the association, and preclude the granting or assigning of tenancies to persons other than members;
 (e) a district council, provided that the dwelling forms part of the Housing Revenue Account under section 417 of the Housing Act 1985^[10] .

    (7)  For the purposes of paragraph (6) of this Article a dwelling which is"let" means a dwelling which is subject to a tenancy (other than one which was granted for a term of years certain exceeding 7 years), or a dwelling subject to a licence to occupy, and"letting" shall be construed accordingly.

Reasons to be given for refusal of application
    8.    If an application for a grant under this Scheme is refused GAL shall, if so requested by the applicant, give him a written statement of its reasons for the refusal.

Signed by authority of the Secretary of State

Peter Bottomley

Parliamentary Under Secretary of State, Department of TransportArticle 6(1)(c)(v), 6(1)(e) and 7STANDARDS FOR INSULATION WORKS

23rd February 1989

[1] S.I. 1981/651. back

[2] 1982 c. 16. back

[3] S.I. 1973/617. back

[4] S.I. 1975/916, as varied by S.I. 1977/814 and 1978/1797. back

[5] S.I. 1980/154, as varied by S.I. 1981/653. back

[6] S.I. 1980/153. back

[7] S.I. 1981/652. back

[8] 1981 c. 64. back

[9] 1985 c. 69. back

[10] 1985 c. 68. back

Explanatory Note