Law Report: Proposed Night Flying Restrictions Unlawful
Ying Hui Tan, Barrister, The Independent (London, England)
Measures to restrict night flights by aircraft must specify the maximum number of aircraft movements permitted, and cannot impose control by reference to maximum noise levels from aircraft.
Mr Justice Laws granted judicial review of the Secretary of State for Transport's press notice of 6 July 1993 announcing a "tough new quota system of night flying restrictions to reduce noise at Heathrow, Gatwick and Stansted".
Restrictions against night movements by aircraft have been in effect since 1962. The most recent set of measures, introduced in 1988 and authorised by section 78(3) of the Civil Aviation Act 1982 and due to expire in October 1993, limits the number of take-off and landing movements permitted at night. The new proposals will restrict night flying, not by reference to a permitted number of aircraft movements, but by means of a ceiling defined by quota points, which measure the noise from aircraft. Aircraft operators would be free to choose how the quota was to be distributed between noisier and less noisy aircraft.
Local authorities for the areas around the airports applied for judicial review of the press notice.
Richard Gordon (Richard Buxton; Wilson & Co) for the local authorities; Ian Burnett (Treasury Solicitor) for the Secretary of State.
MR JUSTICE LAWS said that a …
Questia, a part of Gale, Cengage Learning. www.questia.com
Publication information: Article title: Law Report: Proposed Night Flying Restrictions Unlawful. Contributors: Ying Hui Tan, Barrister - Author. Newspaper title: The Independent (London, England). Publication date: October 15, 1993. Page number: Not available. © 2009 The Independent - London. Provided by ProQuest LLC. All Rights Reserved.
This material is protected by copyright and, with the exception of fair use, may not be further copied, distributed or transmitted in any form or by any means.