Heathrow night flights


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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.

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