Legal challenge aims to prove night flights ‘flaw’ (From Richmond and Twickenham Times)

Legal challenge aims to prove night flights ‘flaw’

9:51am Friday 16th February 2007 in News By Chris Wickham

A judicial review is to be launched by the council and other authorities to try and overturn the current night-flights regime at Heathrow Airport.

A High Court Judge gave permission this week for the legal challenge to go ahead and it is set to be heard in the High Court in May or June.

If successful, the government could be forced to scrap the current night flights regime at the airport.

At present about 16 flights, mostly jumbo jets, land at Heathrow during the night quota period' from 11.30pm - 6am.

But a concentration of planes land between 6am and 7am, when the cap on night flights does not apply although this hour is still night' according to EU law.

The judicial review is being spearheaded by councils belonging to the new 2M Group, an alliance of 12 authorities representing two million residents affected by Heathrow airnoise.

"It may not get any worse between now and 2012, but it's sure not going to get much better."

John Stewart, chairman of an anti-Heathrow expansion group

In addition to Richmond upon Thames Council, the councils involved include Wandsworth, Ealing, Hounslow, Hillingdon, Merton, Kensington and Chelsea and Hammersmith and Fulham.

Leader of Richmond council, Serge Lourie, said: "This marks another step on the road towards an eventual ban on night-flights and halting Heathrow expansion.

"Our aim is to prove the current night flights regime is fatally flawed. In our view some very noisy aircraft are misclassified, the way landing noise is calculated is artificially reduced, the proposals breach the government's policy of bearing down on noise' and the court itself needs to assess the interference with the human rights of residents."

John Stewart, chairman of a longer running anti-Heathrow expansion group, said Hacan Clearskies did not get in on the court action because the costs of losing them can run very high.

He said: "But we are 100 per cent behind their action and it shows that just by the fact they have been given permission to go to the High Court must mean the government would be a bit worried."

Every five years the government enters into a new agreement with airliners.

The last night flights regime was set in October 2006 and will run until October 2012.

Mr Stewart said the councils will challenge the agreement because it contradicts the government's 2003 Aviation White Paper promise that it would bear down on noise'.

Richmond council and its partners in the judicial review case will argue there is no evidence that the government is trying to improve night flights.

Mr Stewart added: "It may not get any worse between now and 2012, but it's sure not going to get much better."

• Judicial reviews allow for challenges to be taken to the High Court against a decision made by a public body.

The court actions can result in the public body, in this case the Government, being ordered by the court to reconsider or change its decision.