Human Rights court says yes to Night Flights
Government succeeds in
getting previous ruling reversed
The
European Court of Human Rights (ECHR) has agreed with British
Government lawyers that the residents of West and South West
London have no "right" to a good night's sleep.
The court originally ruled in 2001 that flights between 2330
BST and 0600 BST violated the human rights of eight people
living around the west London airport by disturbing their
sleep.
The
government argued that an end to night flights would have
a major impact on British airlines and give rival European
companies an unfair advantage. It is estimated the extra cost
to British Airways alone of switching flight times could be
as much as £320m.
Edward
Lister, leader of Wandsworth Council commented after the decision,
"This is a ruling that leaves the Government's environmental
reputation in tatters. Our legal advisers will be looking
very closely at what was said in court. The Government's representatives
continued to argue, even before the Strasbourg judges, that
the night noise climate at all London's airports was getting
better. But this bland reassurance has disguised the true
position at Heathrow which officials would have known as long
as 1999. Night noise here has now been shown to be up to 75
per cent worse than that claimed by the Department of Transport."
Wandsworth
Council is considering legal action to halt the government's
current consultation on night flights on the basis that the
information being supplied to respondents is defective.
Councillor
Ruth Cadbury, Hounslow�s Executive Member for Enhancing Our
Environment, said: "The half-a-million people living
in and around Heathrow are entitled to a decent night�s sleep,
and far too many are woken up at four or five o�clock in the
morning by planes overhead. This has to stop, and we will
continue to work towards a ban on night flights in order to
protect and uphold the quality of life of our residents.�
Local
authorities who have contributed towards the legal costs of
defending the ECHR appeal include Wandsworth, Richmond, Hounslow,
Lambeth, Southwark, Windsor and Maidenhead, Reigate and Banstead,
Runnymede and the GLA.
The
Human Rights Convention guarantees a person's "right
to respect for private and family life and home" and
for the "peaceful enjoyment" of their home.
Lawyers
for the Heathrow residents successfully argued the government's
1993 decision to ease restrictions on night flights breached
the Human Rights Convention. The ruling was not legally binding
but could have led to a ban on night flights at Heathrow and
other airports in the UK. The new ruling makes restrictions
on night flights a more distant prospect.
July 9, 2003
Local
MP delivers No Third Runway message to Minister
MP
leads march against Third Runway
Heathrow�s Night Flight Noise
Increasing
BA
condemned for 'profit over people' attitude
Councils
and MPs unite in opposition to airport expansion
Council
calls for Heathrow health study
BAA
accused of moving the goal posts on air pollution
HACAN
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