Heathrow expansion and aircraft noise

The current controls on night flights run until October 2012. Ministers had abandoned their original proposals to increase the average number of early morning arrivals from 16-18. This is thought to be a result of the legal action brought by Wandsworth, Richmond and Windsor councils.

Unfortunately the Department for Transport has taken no action to ban the noisy 747-400s which it has conceded are 74 per cent higher than the prescribed limit. Wandsworth, Richmond and other councils in south west London applied for a judicial review of the Government's decision.

The High Court ruled in favour of the Government. Mr Justice Sullivan held that while ministers had a policy of bearing down on aircraft noise, this did not necessarily mean that they had to make things better. The policy could fairly be described as 'vacuous' since it left open all possible outcomes. This interpretation meant the claimants could not prove the Government had acted perversely in not taking action to deal with the misclassified aircraft.

A positive ruling would have forced the airlines to reduce the number of aircraft currently allowed to fly into Heathrow between 4am-6am or at least substitute quieter aircraft and made it very hard for ministers to propose future increases in the night time quota beyond 2012. It would also have increased the pressure for controls in the 6am-7am period which is currently unrestricted.

A new third runway will create extra demand from the airlines for early morning arrivals from 6am which will be harder to resist as result of this ruling.

European Court challenge

The council has campaigned for many years for a complete ban on night flights.

In October 2001 the European Court of Human Rights (ECHR) ruled that night flights violated human rights and that the UK Government was wrong to have put economic arguments ahead of environmental concerns.

Following the UK Government's appeal, this ruling was overturned. The decision was announced on July 8, 2003.

The council helped to raise £100,000 from other local authorities to help meet the legal costs of the two hearings.

You can see the latest judgment of Hatton and Others v UK Government by visiting the ECHR website at www.echr.coe.int.

Civil Aviation Bill

In 2006 the Government withdrew legislation in the Civil Aviation Bill which would have allowed it to relax the numbers limit on early morning arrivals. This would have taken effect from 2012.

Putney MP Justine Greening made a major speech in the House of Commons in June opposing this relaxation which she said was inconsistent with the stated objectives of the night flights consultation.

The House of Lords voted to remove this section of the Bill on two occasions. The Government finally backed down in October 2006.