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Update: Night flight challenge in court

Campaigners fighting to end night flights into Heathrow went head to head with the Government today at the High Court.

Richmond Council along with Wandsworth and Windsor and Maidenhead councils are challenging the secretary of state for transport through a judicial review over what it says is a failure to establish the true impact air noise has on flight path residents.

The councils also hope to win a reduction in the number of aircraft allowed to arrive at Heathrow before 6am.

Opening the case on behalf of the authorities David Smith said: "The night flights regime has had an unhappy history before the courts."

Referring to points made in the 2006 judicial review brought by Richmond and Wandsworth councils after it was discovered many of the planes flying at this time of day had been placed in the wrong noise category, Mr Smith said the conclusions of the review were perverse and could not stand.

He added it had failed to give potential victims an effective remedy.

Justice Jeremy Sullivan reminded Mr Smith that his argument must "strike a fair balance keeping in mind environmental and economic issues," and he must focus on how this judicial review was different from the previous one.

Justice Sullivan said: "I would like to know where I'm going to end up.

"It's like you are saying here's one I baked earlier."

Mr Smith said data showed the Boeing 747-400 RR, the main model of aircraft used by airlines during the night quota period at Heathrow, showed aircraft produce more noise at night than their classifications suggests and responded saying: "So it's not one I baked earlier."

On average there are around 16 early morning arrivals each day between 4.30am and 6am.

Wandsworth Council leader Edward Lister said: "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 has been set for the next three days.

The challenge is also backed by Hounslow and Lambeth councils.

9:58am Tuesday 20th May 2008

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Posted by: Dan, London on 11:49am Tue 20 May 08
Good luck to Wandsworth and Richmond councils! Its about time our Government put the interests of the people and the environment, before those of big business.
Posted by: Mykeee, Bournemouth on 7:47am Wed 21 May 08
My condolences to those people suffering from the noise of these night flights - maybe next time you should not buy a house next to an airport - DUH !!! You got the house cheaper because of it's location so stop whining and deal with it.
Posted by: andy, Twickenham on 12:29pm Wed 21 May 08
Mykeee wrote:
My condolences to those people suffering from the noise of these night flights - maybe next time you should not buy a house next to an airport - DUH !!! You got the house cheaper because of it\'s location so stop whining and deal with it.
What a crass comment. Mykeee you have no idea what has been happening here. People accept that there will be aircraft noise, but the problem is that the operating times for the airport have been getting earlier and earlier, and airlines have been allowed to land / take off at unsocial times almost with impunity. It has got a lot, lot worse over the years. THAT is the problem. Also house prices aren't that much cheaper, as there are tousands of people who work at the airport and it's envrions, and therefore deamnd has always outstripped supply. Check your facts before you make crass comments from a place where the only noise is a seagull screeching overhead..
Posted by: Sunita, Twickenham on 10:52am Thu 22 May 08
Mykeee, first of all you need a geography lesson because Richmond & Wandsworth boroughs are nowhere near Heathrow, secondly, when was the last time you looked at house prices in these boroughs - I think you'll find that residents have to put up with a lot of noise pollution which is fustrating!
Posted by: Mike, richmond on 3:37pm Tue 27 May 08
andy wrote:
Mykeee wrote: My condolences to those people suffering from the noise of these night flights - maybe next time you should not buy a house next to an airport - DUH !!! You got the house cheaper because of it\'s location so stop whining and deal with it.
What a crass comment. Mykeee you have no idea what has been happening here. People accept that there will be aircraft noise, but the problem is that the operating times for the airport have been getting earlier and earlier, and airlines have been allowed to land / take off at unsocial times almost with impunity. It has got a lot, lot worse over the years. THAT is the problem. Also house prices aren't that much cheaper, as there are tousands of people who work at the airport and it's envrions, and therefore deamnd has always outstripped supply. Check your facts before you make crass comments from a place where the only noise is a seagull screeching overhead..
Andy - get your facts straight too!

Night flights haven't changed in frequency or timing since 1993.
Posted by: J Trengove, London on 1:08am Wed 28 May 08
These people complaining about 'noise' from flights are ridiculous. THEY LIVE IN A CITY, what do they expect? The mind boggles. Expect noise, congestion and pollution if you live in london its just the way it is. Stop moaning, there is a demand for these flights otherwise they wouldn't be taking place.
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