Department of Transport 'ignored' noise effects of Heathrow night flights » Environment » 24dash.com

The Department for Transport was accused in court today of ignoring the "intrusive and disturbing" effects of aircraft noise when the latest night flight regime for Heathrow was adopted.

Lawyers for three local authorities asked a High Court judge to declare that Transport Secretary Ruth Kelly must reconsider the issue of which type of plane, and how many, should be permitted to land at Heathrow before 6am.

Wandsworth, Richmond and Windsor and Maidenhead councils accused the Department of unlawfully failing to act after it was discovered three years ago that some early arrival planes had been placed in the wrong noise category.

Ms Kelly's predecessor, Douglas Alexander, "failed to address the statutory test of the effect of aircraft noise or, if he did address it, did so in an irrational and disproportionate manner and contrary to his own policies", said David Smith, counsel for the local authorities.

The law required a fair balance to be struck between the interests of society in general and those of individuals, he told Mr Justice Sullivan at the start of a hearing set for up to three days.

The judge heard that the Boeing 747-400 RR, which is the main type used by airlines during the night quota period at Heathrow, had been wrongly classified at too low a noise level.

The councils argued that, by not acting on the discrepancy, the Government failed in its duty to protect residents from excessive noise at night.

Mr Smith claimed the Department had wrongly restricted itself to consideration of aircraft "energy levels and footprints" instead of noise levels, which were the true legal test.

Reclassification would have forced airlines to substitute quieter aircraft or withdraw early morning services.

There are around 16 early morning arrivals each day between 4.30am and 6am.

Wandsworth council leader Edward Lister said before the court hearing:
"We are aiming to achieve some much-needed relief for residents in the 4.30-6am period. Those aircraft types which break the rules should be grounded.

"The flaws we have unearthed should have been corrected. Ruth Kelly or her predecessor could have cut these noisy night flights. Instead, ministers have been content for the airlines to maintain their full quota of flights.

"The current Heathrow expansion plans will bring even more early morning flights in the period just after 6am.

"There are currently no controls at this time of day. If we win, it could mean the Government having to set limits for the first time at a time of day when many people are still asleep."

The court challenge is supported by Kensington and Chelsea, Hammersmith and Fulham, Hounslow and Hillingdon and the GLA.

All the councils are members of the 2M Group which opposes Heathrow expansion and campaigns to protect the quality of life for communities around the airport.