Guidance

Guidance on the introduction of noise-related operating restrictions at major airports

Published 3 October 2019

Applies to England and Wales

Overview

This is guidance for the The Airports (Noise-related Operating Restrictions) (England and Wales) Regulations 2018 (“the regulations”), which came into force on 23 July 2018. The guidance is relevant when major airports in England or Wales are considering the introduction of operating restrictions.

The regulations designate “competent authorities” for the purposes of EU Regulation 598/2014 (“regulation 598”) which establishes the rules and procedures on the introduction of noise-related operating restrictions at airports within a “balanced approach” to noise management, as promoted by the International Civil Aviation Organisation.

There are 4 principal elements to the balanced approach:

1. the reduction of noise at source
2. land-use planning and management
3. noise abatement operational procedures
4. operating restrictions

The role of competent authorities is to ensure that the balanced approach is applied when operating restrictions are considered or implemented. In doing so the competent authorities must ensure that there is appropriate consultation, that any operating restrictions are cost effective and that operating restrictions are only adopted if no other measures are appropriate to address the noise problem.

Criteria

Regulation 598 applies when operating restrictions are being considered at a major airport.

A major airport is an airport with more than 50,000 civil aircraft movements per calendar year (a movement being a take-off or landing), on the basis of the average number of movements in the last 3 calendar years before the most recent noise assessment.

Aircraft for the purposes of this regulation means a fixed-wing aircraft with a maximum certificated take-off mass of 34,000 kg or more, or with a certificated maximum internal accommodation for the aircraft type in question consisting of 19 passenger seats or more, excluding any seats for crew only.

The process

When a planning application for development at a major airport may lead to a noise problem, the competent authority is required to ensure that noise is assessed in accordance with Environmental Noise Regulations (ENR). The competent authority shall also ensure that the airport has consulted on measures to address noise in line with the requirements of regulation 598/2014.

The competent authority responsible for applying the balanced approach will depend on the process by which operating restrictions are being considered.

The Secretary of State for Transport (“SofS”) is the competent authority, except for specific circumstances when the local planning authorities would be competent authority, or when Welsh Ministers would be the competent authority. These various circumstances are:

• the local planning authority is the competent authority for:
  • any operating restrictions considered or imposed under the Town and Country Planning Act 1990 for development proposals at in-scope airports where the application has not been called-in by or appealed to the SofS ^{[footnote 1]}
  • the monitoring of any operating restrictions imposed by an order granting development consent, unless directed otherwise by the SofS . This could include any restrictions introduced by the SofS when deciding Nationally Significant Infrastructure Projects, or other nationally significant projects under Section 35 of the Planning Act 2008
• whilst no Welsh airports currently meet the necessary civil air transport movement criteria to be in scope, should they do so in the future, it would be Welsh Ministers who would be the competent authority in relation to planning applications called in or appealed under the Town and Country Planning Act 1990

For occasions when operating restrictions may be brought forward by an airport outside of the planning process, such as those resulting from Noise Action Plans (NAP) or similar processes, the SofS would be the competent authority for approving and monitoring any such restrictions.

Under the ENR major airports are required to consider their noise impacts and produce noise action plans on a five-yearly basis. In the UK’s implementation, the airports themselves are the competent authority for the purposes of the ENR, or the SofS for designated airports. This policy does not change their designation in that regulation.

Airports in-scope of the ENR will therefore remain responsible for monitoring their own adherence to the obligations stated in their NAP. However, should an operating restriction be proposed or introduced as part of a NAP, or otherwise outside the planning process, the SofS would be the competent authority for ensuring the balanced approach is followed and for monitoring any operating restrictions that are introduced.

The requirements

These common requirements apply to the competent authority for all types of operating restrictions.

If a noise assessment, which is carried out by the airport (or by the SofS for designated airports) in accordance with the ENR, indicates new operating restrictions may be required to address a noise problem, the competent authority shall ensure that all requirements identified under regulation 598 have been satisfied. This includes:

1. each type of measure to address noise under the balanced approach is assessed in line with the requirements set out in Annex I of the regulation
2. technical co-operation is ensured to examine best noise mitigation measures
3. the cost effectiveness of the different measures to address noise is assessed in accordance with Annex II of the regulation
4. local residents or representatives are consulted and local authorities providing relevant technical information
5. the consultation process is organised in an open and transparent manner with a minimum of 3 months for consultees to respond

Before any new operating restrictions are introduced, the competent authority shall ensure that:

1. the member states, the EU Commission and the relevant interested parties are given 6 months’ notice. This notice must end at least 2 months prior to determining the boundaries of slot co-ordination for the airport’s scheduling period
2. a written report is provided along with the above notification outlining the reasons for the introduction of operating restrictions, the noise abatement objective established, measures considered in meeting this objective and an evaluation of its cost-effectiveness
3. if the EU Commission has reviewed the proposed operating restriction and notified the competent authority that the introduction of the operating restriction does not follow the process set out in regulation 598, the competent authority must examine the notification and inform the EU Commission of its intentions before introducing the proposed operating restrictions

Right of appeal against decisions on operating restrictions

The regulations do not provide for a bespoke appeal process.

In relation to an operating restriction adopted by the local planning authority, there may be scope to challenge the decision under the appeal process provided for in the Town and Country Planning Act 1990.

For all other decisions to adopt an operating restriction, the appropriate route for challenge of the decision would be Judicial Review.

Other requirements

Competent authorities shall ensure that implementation of operating restrictions is followed up and monitored, and that action is taken where required. Competent authorities should also ensure that relevant information is provided free of charge to residents and that this information is readily available.

Competent authorities may, to avoid economic hardship in the case of developing countries exempt marginally compliant aircraft from noise operating restrictions. This can only be done on the provision that these aircraft are:

1. granted noise certification to the standards specified under the Chicago Convention
2. were operated in the European Union during the five-year period preceding entry into force of regulation 598
3. were on the register of the developing country concerned in that 5 year period
4. continue to be operated by a natural or legal person established in that country

In some cases, competent authorities may authorise individual operations in respect of marginally compliant aircraft which could not otherwise take place under this regulation, these exemptions are to be decided on a case by case basis.

Local Planning Authority Powers for Funding

Should local planning authorities consider their duties as competent authority will incur a cost greater than the current arrangements, they are reminded that it would be it would be within their power to set Town and Country Planning Act 1990 S106 agreements or Planning Act 2008 Community Infrastructure Levies (in accordance with Community Levy regulations) to fund ongoing costs post decision.

Footnotes

1. The SofS has the power to take over (‘call in’) planning applications rather than letting the local authority decide. The SofS will normally only do this if the application conflicts with national policy in important ways, or is nationally significant ↩