Airplotters Q & A
What is 'beneficial ownership'?
A piece of land or property can only be registered in the names of a maximum of 4 people. These are the "legal owners" of the land. However, these people can own the land on behalf of any number of "beneficial owners" who have rights and responsibilities in relation to the property. Effectively, this means that the land can be collectively owned on behalf of thousands or even millions of people from across the world.
But don't I have a square plot of land that just belongs to me?
Some of the media have misreported what we are doing with Airplot, and suggested that we are dividing up the land into tiny plots and selling them off. We are not doing this. Instead, we are creating a system of collective ownership for the plot - giving as many people as possible collective rights and responsibilities in relation to the plot, which is to be used for the benefit of the planet.
What are my rights?
We are currently drawing up the 'declaration of trust' with our lawyers. This will include (using legal language for a moment) the 'rights and responsibilities' of beneficial owners. That's just a legal description of the fact that, as a beneficial owner, you're part of the campaign against aviation expansion, and will have lots of opportunities to get involved in the events and activities we're planning for Airplot. We'll get in touch in the next few weeks with more information about the declaration. We only signed the deeds for the land very recently - so please bear with us!
But how will we stop the runway being built? What's the timescale?
The legal process to try and take away our land, if it ever happens, won't begin for several years. We have months (or more likely years), before BAA submit a planning application for the runway. That's why, in the meantime, the most important thing you can do is take part in our Airplot campaign as it rolls out over the coming year.
If and when a planning application is submitted, it will be considered under the new planning system, to be brought in under the Planning Act 2008. This hugely controversial new law received Royal Assent at the end of last year and is in the process of being implemented. It is likely that the application will go to a new quango, the Infrastructure Planning Commission (IPC). It is not entirely clear how the IPC will deal with applications such as the Heathrow runway application, but it is likely that they will also consider any Compulsory Purchase Orders (CPO) that BAA will need to get the land for their 3rd runway.
After that, there is likely to be some kind of planning and compulsory purchase inquiry - under the new planning law for nationally significant infrastructure projects no-one knows quite yet what form this will take. Whatever its form, we will try to make sure the true impact of climate change is considered by that inquiry.
That's when we'll be doing all we can to make it as difficult as we can for them to take the land from us. If a CPO was issued tomorrow, only the 4 legal owners would have to be contacted within that process. But it won't be issued tomorrow, and we're looking at all the options to help us try and stop the implementation of the CPO for as long as possible. We have lots of time to make this happen.
If we get to this stage, we may have to call for people to come down, help defend the site physically, and peacefully stop the bulldozers. But that would be years down the line, and hopefully it'll never come to that. In the meantime, the most important thing you can do as a beneficial owner is take part in the Airplot campaign - helping us to put as much pressure as possible on the government and the other parties to get the decision to build the runway overturned.
What's a CPO?
A CPO - short for Compulsory Purchase Order - is an order issued by a local planning authority, the government, or other public body, to acquire land or buildings compulsorily, (often against the wishes of the owner) for "public interest purposes" For example, it might be to enable the Government to build a new road, or a local authority to redevelop certain brownfield sites.
Obviously, there is severe doubt about the basis of any CPO issued to build a runway against the public's and the planet's interests.
What happens if the land gets bought out under a CPO to build the runway?
Then Greenpeace will prepare to take peaceful non-violent direct action, to be there to stop the bulldozers. We hope that that you will consider coming to help us or to help support those that do. But we also hope it never comes to that.
What happens to the land if the runway doesn't get built?
We will celebrate! The land will be returned to its previous owner, and Greenpeace will decide where its energies should be put next...
Do I need to sign anything?
No. We have your name, and this will be listed in the declaration of trust to make you an official beneficial owner of the plot.
Can I own the land if I'm under 18?
Yes, as a beneficial owner.
What proof do I have that I'm a beneficial owner?
Your name will be entered into the declaration of trust, signed by Alistair, Emma, Zac and the legal representatives of Greenpeace UK. You will then receive a certificate which you can print and keep.
Do I really have rights in relation to the land?
Yes - you will own it collectively and beneficially along with Greenpeace, Emma Thompson, Alistair McGowan, Zac Goldsmith and thousands of people from across the world.
Can I build on the land?
No. At the moment, we are keeping the land in its current state - protecting the trees and wildlife that are already there, and respecting the privacy of the villagers of Sipson.
Can my rights be inherited or passed on to someone else?
Yes - but you must give us notice of the new name.
Can I visit the land?
Benefical owners do have rights in relation to the land, but not the right to physically be on the land without permission of the legal owners. The Airplot is to be used for the benefit of the planet, and there will be opportunities to go down and get involved. For the moment, we want to be sensitive to the needs of the local community, who are facing the destruction of their village. We'd like to give them as quiet a life as possible, so we are not allowing people to visit the land at present. However, over the coming months and years there will be events and activities on the land to build the campaign against the third runway, and this will include inviting beneficial owners to visit the land.
What does the land look like and what is happening on the land?
The plot is a small field in the heart of Sipson village. It is surrounded by houses and hedgerow, and is mostly fallow grass at the moment - apart from the permanent message which we have created in chalk, which reads "Our climate, Our land". Nothing is happening on the land at the moment - we are keeping it in its current state, protecting the trees and wildlife that are already there, and respecting the privacy of the villagers. See our Flickr Set for more photos of the plot.