KENT INTERNATIONAL AIRPORT CONSULTATIVE COMMITTEE (K.I.A.C.C.)
REPORT FOR
KIACC -
2 DECEMBER 2008
THE
ENVIRONMENTAL NOISE REGULATIONS 2006
1.0
Introduction
1.1
The European Union’s Environmental Noise Directive (END) 2002/49/EC was
transposed into English law by the Environmental Noise (England) Regulations
2006 (2006 No. 2238).
1.2
The intention of the legislation is to avoid, prevent or reduce, on a
prioritised basis, the harmful effects of noise – including annoyance due to
exposure to environmental noise.
1.3
The Act introduces the concept of Action Plans, a proactive approach to
noise control involving noise mapping around major development and urban areas.
Previously, the UK approach to noise control has been focused on
statutory nuisance, the principle being that those responsible for noise
amounting to a statutory nuisance could be held responsible for the nuisance.
The 2006 Regulations effectively shift from the resolution of noise problems
after they have occurred, towards accounting for noise when major development
proposals are still on the drawing board and being costed.
1.4
This September, defra (the Government Department for Environment, Food
and Rural Affairs) issued a consultation document on guidance for Airport
Operators to produce Action Plans under the terms of the Environmental Noise
Regulations 2006. Further guidance
on other sectors in the economy, major road networks, railways, urban areas
above certain populations, etc., will be consulted on by defra and introduced in
due course; but the consultation guidance on Airports is the first to emerge.
1.5
Under the Regulations there is a requirement for strategic noise maps to
be prepared for all the UK’s main Airports that have over 50,000 air transport
movements annually. Therefore, the
duty will not apply to Kent International Airport until 2013 when the obligation
is extended to all Airports (and certain other major developments).
2.0
Content of the Draft Guidance issued by defra
2.1
All Members of KIACC have seen the consultation document, and will recall
that its content is set out in four sections.
In summary, they are as follows:
2.2
Guidance
for Airport Operators
·
The responsibility for generating Noise Action Plans
falls to Airport Operators.
·
First, Airport Operators must produce noise maps.
These will chart noise levels caused by Airport activity.
·
Secondly, noise maps will form the basis of Action
Plans. Each Airport’s Action Plan
will address its particular noise map and seek to ‘limit’ and, where
possible, reduce’ the number of people affected by aircraft noise.
2.3
General Requirements for Action
Plans
·
Address in particular harmful effects of noise on human
health.
·
Continue to protect ‘quiet areas’ identified by
noise mapping.
·
Include any limit values already in place, through
Local Agreement, Planning permission or Section 106 Agreement.
·
Cross-reference to long-term Airport development with
reference to the format set out in the 2003 Air Transport White Paper.
·
Summarise the results of noise monitoring and mapping.
To assist public understanding of the position, and therefore public
consultation/ engagement.
·
Cost-benefit analysis of potential actions, in terms of
development and noise controls.
2.4
Guidance on actions to be
implemented
·
Each Airport Operator is to assess whether or not
current noise impact is acceptable
·
And, if not, how is the Airport Action Plan to be
amended.
·
In evaluating acceptability, Airport Owners should take
into account the physiological effects of noise, including stress, but this is
to be balanced against the benefits of employment and passenger air travel.
·
There is one number in this section of the guidance –
it is that included in the 2003 Air Transport White Paper of 69 DBA Leg ³³,
it being the average noise level at or above which assistance with the costs of
relocating is to be offered. The
guidance states this should be the top priority.
·
Effective complaint handling.
·
Good communication with the Airport Consultative
Committee. In the case of KIA, this
is the KIACC.
2.5
Process
of Public Consultation Adoption and Publication
·
The stages of public consultation are set out, with 12
weeks being the period for the consultation on a draft Action Plan.
·
Consultative Committees should be involved in the
process, and the Airport Owner should explain how the final Action Plan has been
able to account for public interests.
3.0
The defra Consultation Process
3.1
The guidance recently out to consultation, had a deadline for return of
responses to defra by 28 November. To
help produce feedback that can be structured and used to inform the content of
the final document, responses were invited to four questions:
(i)
Support for the principle of addressing priorities for
noise control on the evidence of noise mapping.
(ii) Did consultees agree with the issues Airport Operators should take into account in preparing Airport Action Plans.
(iii)
Did consultees agree with the process set out in the
guidance for the development and adoption of Action Plans.
(iv)
Is there additional guidance required in the final
version of the document to assist the process.
3.2
As statute law becomes more complex, it is now common for primary
legislation (the Regulations) to be reliant on the content of Government
Guidance (referred to as Secondary Guidance) for its effectiveness.
Without guidance, the regulations literally cannot be applied.
The advantage of Secondary Guidance is that it can be revised and updated
from time to time by the Government but without the need for regulations
themselves to be changed. Changes to
primary legislation require parliamentary time, and this can be a difficulty.
3.3
Neither Thanet District Council or Infratil considered it appropriate to
respond to the consultation process.
3.4
When defra issues its report on and responses to consultation, a further
report will be provided to the KIACC.
4.0
Discussion
4.1
The guidance is in keeping with Government thinking that Major
Development proposals have strategic economic, social and environmental
implications, and therefore require a separate approach to decision taking.
Critics say that this favours Airport expansion, and supporters respond
by pointing out the existing legal framework is too general and slow to be
helpful in dealing with aircraft noise.
4.3
The question of acceptability, but without a national standard with
numerical values, indicates that local arrangements on a case by case basis will
continue to apply. Previously
standards, on matters like night flying, at the three major London airports,
have set a sort of industry standard; but
the sheer volume of air traffic at those airports scarcely makes their scenario
with small regional airports. Instead,
it is possible that communities, Local Authorities and Consultative Committees,
will liaise and confer, alongside Airport Operators, on how acceptability should
be defined in any particular location. An
interesting point here is how, if possible, social and economic benefit might be
quantified and balanced.
4.4
Public engagement, and therefore accurate and well presented airport
statistics, are going to be essential to the process of noise mapping and Action
Plans. Without information the level
of debate and participation envisaged in the guidance will not be possible.
In this regard KIA has a reasonable starting position.
Because of the 2000 Section 106 Agreement, it has noise (and air
monitoring) of greater sophistication than many other regional airports already
in place.
4.5
Some Local Authorities have been critical that there is no explicit role
for Planning Authorities, and no requirement that Action Plans are a
pre-requisite of any planning application. On
the other hand, the usual practice in our country is for primary legislation to
be subject based rather than integrated, the presumption being that decision
takers will have regard to their own responsibilities, and a developer will need
to collectively meet all of its legal obligations.
5.0
Conclusion
5.1
In accordance with the minutes of the October KIACC meeting, this report
has been produced for information.
5.2
The guidance does set out the role of Consultative
Committees.
Thanet District Council
Telephone: 10843
57007
E-mail:
brian.white@thanet.gov.uk