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FIRST SCHEDULE
Definitions of Property,
Possessory title numbers etc. ..
Legal drafting to follow
SECOND SCHEDULE
This schedule sets out
the obligations of the Owner
1. Night-time
Flying Noise Policy The Owner agrees:
1.1 not to cause suffer or permit any
Regular Night Plying Operations (except as permitted by either 1.2 or 1.4
below) at any time before a night-time flying noise policy shall have been
prepared in accordance with the following, namely, that at least six months
before the commencement of any Regular Night Flying Operations to prepare a
night-time flying noise policy in consultation with the Council and lodge a
copy thereof with the Council. The consultation process shall include
providing all relevant information to the Council and affording an adequate
period within which the Council may consider the issues arising and formulate
its views which shall be taken into account by the Owner and due weight given
to such views; in the event that the Owner does not propose to accept the
views of the Council in formulating its policy it shall first provide to the
Council a reasoned justification and shall take into account and give due
weight to such further views of the Council as may be expressed. The policy
will specifically address the following matters:
(a) the restriction on all aircraft
likely to cause unacceptable disturbance, such that no scheduled aircraft
(subject to exceptions at clause 1.2, and 1.4) shall be permitted to take
off or to land during Night-time;
(b) a process for the sharing of
data on details of aircraft operating during Night-time; and
(b) the embodiment of the
principles of UK best practice at the time and the appropriateness of those
principles to prevailing local conditions.
1.2 the obligation to prepare a
night-time flying noise policy, above shall not apply where the only
Night-time operation proposed is:
(a) for departures to European
destinations (including the UK) or for arrivals from North America by solely
passenger carrying aircraft, scheduled to occur between 0600 and 0700, on
any day, ~
1.3 in any event (and whether or not
a night-time flying noise policy shall have been prepared) to pay £1,000 for
the first occasion when an aircraft undertakes a Flight Movement during
Night-time and during the following twelve calendar months to pay an amount
increased by a factor of two for each successive occasion by the same aircraft
(namely £2,000 for the second occasion £4,000 for the third occasion £8,000
for the fourth occasion and so on) and at the end of such twelve month period
the payments shall re-commence at the level of £1,000 and a further period of
twelve months as aforesaid shall follow and such increasing payments shall be
made
1.4 for the avoidance of doubt relief
emergency flights (as defined in section 1.1 of this Agreement) by relief
organisations on not more than 12 occasions during any calendar year shall not
oblige the Owner to prepare a night-time flying noise policy regardless of the
time of any such flight or the Quota Count rating of the aircraft concerned.
Similarly there will be no obligation in respect of aircraft arrivals post 23.00 as set out in clause 1.4.3.
Paragraph 1.3 of this schedule shall not apply to any such flights not exceeding
12 in number as aforesaid
1.4.1 relief or emergency flights
by relief organisations on not more than 12 occasions during any calendar
year; and
1.4.2 the Chief
Executive, or
nominee in consultation with the Leader of the Council, will agree an additional 12
relief or emergency flights if they agree that some or all
extenuating factors apply
1.4.3 Extenuating factors as
described in Section 1.1 of this Agreement aircraft landing between 23.00 and 24.00
will not be in breach of this Agreement provided
that they are not scheduled to arrive post 11.00 and there are valid safety,
mechanical or other reason for delay.
not to cause suffer or permit any
training flights during Night-time by any jet or large aircraft (being an
aircraft with a maxuw in excess of 5700) £10,000 for each and every occasion
when a contravention occurs
1.5 The owner shall be under no
obligation to make any payment under paragraph 1.4 above where the Flight Movement
concerns the type of flight referred to in paragraph 1.4.1 and
1.4.2 or 1.4..5 above.
2. General
Noise Limitations
2.1 The Owner with a view to ensuring
that the operation of aircraft shall cause the least disturbance by reason of
noise will:
2.1.1 ensure that the number of
Flight Movements during the first 12 months following the date of this
Agreement shall not result in an expansion of the 2002/3 63dBLAeq (16-hour
0700- 2300 hours) contour as attached as plan ,
2.1.2 within 12 months of the date
of this Agreement and again between 21 and 24 months of the date of this
Agreement submit to the Council a 63dBLAeq (16-hour 0700- 2300 hours)
noise contour map for the Airport based on the previous 12 months of airport
operations, which will have been produced by an independent and
appropriately qualified consultant using ANCON or JNM models (or agreed
alternatives)
2.2 If the Owner fails to comply with
any obligation in para 2.1 above by the appropriate date, or, in the event
that the 63dBLAeq (16-hour) contour, so produced, has expanded beyond the same
contour produced in 1996 (Plan 2 attached) but not by more than 5% the Owner
shall pay a sum of £10,000 and if by more than 10% the Owner shall pay a sum
of £40,000 and if by more than 15% the Owner shall pay a sum of £ lOO ,000
3. Dwelling
Insulation Scheme
The Owner will submit to the Council a
detailed scheme for noise insulation of dwellings that fall within the 63dBLAeq
(16-hour 0700- 2300 hours), The contour is to be calculated on actual Flight
Movements during the previous 12-month period and annually re-calculated in
terms of any potential extensions of the scheme. The scheme of noise insulation
submitted will indicate to the Council what level of noise retardation is to be
achieved and over what period
4. Preferred
Departure Runway The Owner will:
4.1 adopt the use of runway 28 as the
preferred departure runway and will use its reasonable endeavours to achieve a
target of seventy per cent (70%) of all departures on that runway subject to
safety requirements at all times and to air traffic and weather requirements;
and
4.2 supply data on runway departure
usage to the Council and MACC on a monthly basis
5. Noise
Abatement Routes
Subject to ongoing discussion. Detail
to follow, and include in consultation. Cross referenced to the Airport Manual
and the Masterplan. 5, 3 Training
j;lights
The oJ.I'ner will not permit an-v
training,/lights on ,Simdays and Bank Holidays
6. Noise Monitoring Terminals
6.1 The Owner will:
6.1.1 ~llithin this' Agreement
maintain at least two Noise Monitoring Terminals which shall have been
agreed by an independent aviation acoustic consultant having regard to the
guidelines laid down by the International Civil Aviation Organisation;
6.1.2 calibrate and maintain the
Noise Monitoring Terminals in accordance with manufacturer's instructions;
6.1.3 provide the results of the
noise monitoring to the Council and MACC on a monthly basis; and
6.1.4 within this Agreement
contim.le to provide for use by the Council a self- contained portable noise
.monitoring unit (capable of providing noise pressure data for a continuous
24-hour period) which complies fully with all appropriate British
Standards/Codes of Practice for use in domestic and institutional properties
and thereafter be responsible for both repair and replacement of the unit
6.1.5 using the monitoring data
obtained, in liaison with the Council, produce in writing a Noise Strategy,
whereby a planned approach to noise control is developed and implemented.
6.2 The Council will:
6.2.1 on receipt of the portable
noise monitoring unit supplied by the Owner assume responsibility for
maintenance and calibration of the unit and keep the unit suitably and
adequately insured for replacement in the event of loss damage or third
party claims
7 .Pollution Monitoring The Owner will
:
7.1 J,vilhin this Agreement install
and contimle to maintain not less than three passive atmospheric
pollution monitoring tubes at such locations as the Owner (using a best
practice policy) may determine;
7.2 the pollutants to be monitored at
each site will be determined by the Owner in consultation with the Council and
in accordance with any good practice policy advised by the Department of Trade
and Industry; and
7.3 provide the results of the
pollution monitoring to the Council and MACC on a monthly basis
8. Noise
Monitoring The Owner will:
8.1 by ( ) (or having carried out
twelve months of noise monitoring at the Airport) agree with the Council new
maximum noise levels for aircraft movements which will produce a significant
reduction in the noise impact for individual aircraft over the previous two
years of operation and which in no circumstances will be less than a 5%
reduction over the average of the previous two years. Failure to agree on a
suitable reduction level will result in the matter of a suitable reduction
level being put to a mutually agreed and independent expert in aviation
matters, or in the event of failure to agree within one month he shall be
appointed by the President of the Institute of Vibration and Acoustic
Engineers. The expert will decide the appropriate level of reduction suitable
for the Airport by reference to the levels of individual aircraft noise
acceptable at one or more comparable airports, judged to be comparable by
reference to the characteristics of operation and geographic proximity to
urban areas. The expert will act as an expert and not as an arbitrator and
shall be entitled to rely on his own judgement and opinion. He shall afford
the Parties a reasonable opportunity to submit both representations and
counter-representations to him and shall consider all of the same. He shall
give to the Parties written notice of his determination (within 25 working
days after counter-representations) (if any) and his decision shall be binding
on both Parties to the Agreement in respect of the level of reduction to be
achieved;
8.2 on and after 1st April 2002 pay
the sum of £500 per aircraft exceeding the agreed or imposed maximum noise
level referred to in 8.1 and for every 1 decibel (dB) above the agreed base
level the additional sum of £500
9. Engine
Testing
The Owner agrees:
9.1 that no Engine Testing (other
than for emergency purposes which shall in any case not exceed five separate
occurrences in any calendar year) shall occur within the Airport between 2300
-0800 hours on. Between 2100 -2300 hours the number of occurrences of Engine
Testing (whether for emergency purposes or otherwise) shall not exceed 10
separate occurrences in any calendar year .F or every occurrence of
Engine Testing above these limits the Owner will pay the sum of £1,000. For
the purposes of this provision "emergency" shall be taken to refer
to any occurrence or circumstances not reasonably foreseeable
9.2 within six months from the date
of this Agreement to submit to the Council a proposal for the location of an
Engine Testing Area located in such a position as to minimise potential noise
disturbance;
9.3 thereafter to be restricted to
this defined location and that:
(a) no continuous Engine Testing
will exceed a period of sixty minutes' duration and that a break of a period
at least equal to the period of any Engine Testing shall be allowed after
any Engine Testing before any further Engine Testing takes place;
(b) Engine Testing will be
restricted to 0800 -2100 hours (other than in the circumstances referred to
in 9.1 above);
( c ) the alignment of any aircraft
on which engines are being tested will be such as to project the noise
envelope over the maximum airport area; and,
(d) the cumulative effect of Engine
Testing will be restricted to ensure that the 13-hour noise level around the
Airport does not increase by more than 1 dB (as determined by benchmark
background noise measurement)
9.4 Not knowingly to allow any
aircraft to land at the Airport for the purpose of any Engine Testing on any
land adjoining the Airport except in accordance with the terms of paragraph 9.
10; Green
Travel Strate~
T o develop and link to Airport
Masterplan.
11. Environmental
Statement
To develop and link to Airport
Masterplan.
12. Payments
12.1 The references in paragraphs 1,
2, 8 and 9 of this Schedule to any sums of money to be paid by the Owner shall
mean an obligation for the Owner to pay such sums into a fund called the MAEIF
one month of the occurrence in question.
12.2 If MACC shall have been
constituted as a charitable or other trust and shall administer the MAEIF the
same shall be expended at the discretion of such trust.
12.3 If MACC does not become so
constituted or fails to administer the MAEIF payments shall be made to the
Council and may be expended by the Council in consultation with MACC (or in
the event that the same ceases to exist or fails to respond to any requests
for consultation then at the discretion of the Council) for the purposes of
environmental improvements for the public good in the vicinity of the Airport
(but outside the perimeter of the Airport). In the event that no expenditure
within the vicinity of the Airport is considered appropriate any balance of
funds may be expended on similar environmental improvements elsewhere. In the
event that the said Consultative Committee or any trust formed ceases to exist
the Council shall consult with the Owner instead
13. To use such controls rights or
other measure available to the Owner (whether arising by way of contract
statutory power or otherwise) to ensure so far as reasonably possible that no
person (whether having a legal interest in the Property or any part thereof or
not) shall use any part of the Airport in any way which would involve
contravention or breach of the terms of this Agreement
IN WITNESS whereof
the Parties have executed this Agreement as a Deed in the manner hereinafter
appearing
THE COMMON SEAL of THANET )
DISTRICT COUNCIL was hereunto )
affixed in the presence
of:
)
EXECUTED AS A DEED by KENT )
INTERNATIONAL AIRPORT pic )
acting
by:
)
Director:
Director/Secretary:
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