43Determination of application under section 41

43  Determination of application under section 41

 (1) If an application is made under section 41 for an authorisation in relation to an airport, an airport environment officer may:

 (a) grant the authorisation; or

 (b) grant the authorisation subject to any conditions that the airport environment officer considers appropriate and specifies in the authorisation; or

 (c) refuse to grant the authorisation.

 (2) In deciding whether to grant the authorisation, the airport environment officer must take into account the following matters:

 (a) any reasonable alternatives available to the applicant to achieve the objectives of the action or activity to be covered by the authorisation, including the possibility that the action or activity could be carried out in a different place;

 (b) whether the applicant has taken all reasonably available measures to avoid, or minimise, the need for the authorisation;

 (c) all reasonably likely consequences of the action or activity to be covered by the authorisation:

 (i) for the health or safety of any person; and

 (ii) if a likely consequence of the action or activity to be covered by the authorisation is offensive noise—for the comfort of any person; and

 (iii) for any aspect of the environment; and

 (iv) if air quality is likely to be adversely affected—for compliance with the ambient objectives set out in Part 2 of Schedule 1 or with the ambient objectives set out in a relevant local standard that apply in substitution for the ambient objective in that Part;

 (d) the period for which the authorisation would be required;

 (e) the adequacy of the environment management plan that accompanied the application and the likelihood of the plan being realised;

 (f) whether the authorisation is required to enable remediation work to be carried out on existing pollution generated by an activity carried out at the airport;

 (g) whether granting the authorisation would be consistent, or inconsistent, with the objectives and proposed measures set out in the environment strategy for the airport;

 (h) whether the airport‑lessee company for the airport has endorsed the application and the environment management plan that accompanied the application;

 (i) if the airport‑lessee company for the airport has not endorsed the application and the environment management plan—the reasons why the airport‑lessee company has not endorsed the application and plan;

 (j) whether granting the authorisation would have a significant impact on the interests of another person;

 (k) if, under section 42, comments have been given in relation to the application—the comments;