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Heathrow noise case at High Court Heathrow noise effects 'ignored'
(about 4 hours later)
The government is facing a High Court challenge by councils aiming to cut the number of aircraft arriving at Heathrow airport early each morning. The government has been accused of ignoring the disturbing effects of aircraft noise when the latest night flight regime for Heathrow was adopted.
Richmond and Wandsworth councils in London, and Berkshire's Windsor and Maidenhead council, claim some flights before 0600 BST break rules on noise. Three councils are at the High Court to get the Department for Transport (DfT) to reconsider which type of plane, and how many, can land before 0600 BST.
They hope airlines will withdraw early flights or use quieter aircraft. London's Richmond and Wandsworth councils and Berkshire's Windsor and Maidenhead are taking the legal action. The DfT said its policy followed "extensive" public consultation.
The Department for Transport (DfT) said its policy on night flights followed "extensive" public consultation. Lawyers for the three local authorities accused the DfT 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.
There are around 16 early morning arrivals at Heathrow each day between 0430 BST and 0600 BST. Irrational and disproportionate
'Should be grounded' Transport Secretary Ruth 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 councils claim the DfT acted unlawfully in failing to do anything after it was discovered three years ago that some early-arrival planes had been placed in the wrong noise category. 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 three-day hearing.
Lawyers for the councils will argue the government failed in its duty to protect residents from excessive noise at night. The judge heard that the Boeing 747-400 RR, which is the main type of aircraft used by airlines during the night quota period at Heathrow, had been wrongly classified at too low a noise level.
Wandsworth council leader Edward Lister said: "The flaws we have unearthed should have been corrected. The councils argued, by not acting on the discrepancy, the government failed in its duty to protect residents from excessive noise at night.
"Those aircraft types which break the rules should be grounded. Mothers' protest
"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." There are about 16 early morning arrivals each day between 0430 and 0600 BST.
Other authorities backing the challenge are Kensington and Chelsea, Hammersmith and Fulham, Hounslow, Hillingdon and the Greater London Authority. The court challenge is supported by Kensington and Chelsea, Hammersmith and Fulham, Hounslow and Hillingdon councils and the Greater London Authority.
Giant 'no' All the councils are members of the 2M Group which opposes Heathrow expansion.
All the councils backing the Judicial Review are members of the 2M Group, an alliance opposing Heathrow expansion, in particular a third runway and a possible sixth terminal. Meanwhile, mothers and children have planned to protest in central London's Parliament Square against Heathrow's proposed third runway.
Meanwhile mothers and children plan to protest against Heathrow's proposed third runway in central London's Parliament Square.
Members of environmental group We Can will form the shape of a giant "no" and hand a letter to Prime Minister Gordon Brown.Members of environmental group We Can will form the shape of a giant "no" and hand a letter to Prime Minister Gordon Brown.
A DfT spokesman said: "The case is being heard this week and it would be inappropriate to comment further."A DfT spokesman said: "The case is being heard this week and it would be inappropriate to comment further."