Land

Construction of lease - long lease of airport for 'business aviation ...

and other airport and aviation related uses' - use by fare-paying passengers not permittedBiggin Hill Airport Ltd v Bromley London Borough Council: CA (Lords Justice Pill, Arden and Dyson): 11 July 2001In 1994 the claimants were granted a 125-year lease of Biggin Hill airport.

A clause in the lease permitted use for 'business aviation flight training and private flying and other airport and aviation related uses'.The claimants brought proceedings against the lessor seeking a declaration that they be entitled to use the airport for any scheduled and chartered air services.

Mr Nicholas Strauss QC, sitting as a deputy High Court judge [2001] Gazette, 18 January, 43 granted the declaration.

The lessor appealed.Stephen Moriarty QC and Marcus Smith (instructed by Chief Legal Officer, Bromley London Borough Council, Bromley) for the lessor; Kim Lewison QC and Guy Fetherstonhaugh (instructed by Blake Lapthorn, Fareham) for the claimants.Held, allowing the appeal, that the wording of the permitted user clause was to be interpreted in the light of the factual background to the lease when granted; that the words were not to be given any special or technical meaning; that the interpretation was essentially an objective exercise in ascertaining meaning from the perspective of a reasonable observer equipped with all relevant background information; and that in the circumstances the permitted use extended only to the operation of aircraft owned or chartered by a company or other business and undertaken for business purposes, provided that individual fare-paying passengers were not accepted.