Court Challenge On Night Flights
Claim made that planes had been placed in the wrong noise category
A group of councils will go to the High Court next week in a bid to win a reduction in the number of aircraft allowed to arrive at Heathrow before 6am.
Wandsworth, Richmond and Windsor and Maidenhead councils challenged the Government's night flight arrangements in 2005 after it was discovered that many of the planes flying at this time of day had been placed in the wrong noise category. The error affected the Boeing 747-400 RR which is the main type used by airlines during the night quota period at Heathrow.
Lawyers for the group will argue that, by declining to act on the discrepancy, the Government failed in its duty to protect residents from excessive noise at night
The Transport Secretary could have amended the quota system so that the misclassified 747s were placed in the correct noise category. This would have prevented them from being scheduled to fly into Heathrow before 6am.
The airlines could then have substituted quieter aircraft or simply withdrawn these services for the early morning period.
On average there are around 16 early morning arrivals each day between 4.30am and 6am.
Wandsworth council leader Edward Lister said: "We are aiming to achieve some much needed relief for residents in the 4.30am-6am period. Those aircraft types which break the rules should be grounded. "The flaws we have unearthed should have been corrected. 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 judicial review will be heard by Mr Justice Sullivan and has been set for May 20-22.
The current challenge is also supported by Kensington and Chelsea, Hammersmith and Fulham, Hounslow and Hillingdon councils 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. You can find out more about the Heathrow campaign at www.2MGroup.org.uk
May 16, 2008