Night flights could be ended after Heathrow residents get court ruling

The thunderous sound of commercial aircraft flying into Heathrow airport could end after the European Court of Human Rights ruled…

The thunderous sound of commercial aircraft flying into Heathrow airport could end after the European Court of Human Rights ruled that night flights violated residents' human rights.

The court accepted the argument of eight residents living underneath the airport's flight path in Britain and ruled the state had a duty to strike a balance between the interests of the individual and the community.

Last night, an Aer Rianta spokesman said the judgment was likely to have little impact on airports in the State. However, the company would wait to see the ruling before making any judgment on its implications, he said.

The British Department of Transport said it would study yesterday's judgment, but stressed there would be no immediate change to night flying arrangements at Heathrow where about 15 flights land every night between 11.30 p.m. and 6.30 a.m.

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Eight residents living underneath the airport's flight path brought their case against the Department of Transport in May last year on the grounds that they were being denied a proper private and family life, enshrined in Article 8 of the Human Rights Convention, because of the noise of night flights.

The European Court accepted their argument, ruling that while the British government did not own or operate Heathrow or the aircraft flying into the airport, the state had a positive duty to "strike a fair balance between the competing interests of the individual and of the community as a whole."

The British government is not bound by the ruling, but it usually implements the court's decisions and anti-noise pollution campaigners predicted night flights could be withdrawn within 18 months.

The eight residents, all members of the Heathrow anti-noise pollution group, HACAN Clear Skies, were awarded £70,000 stg in legal costs and £4,000 stg each in damages.

The Aer Rianta spokesman said the company had not yet seen the judgment, but there were differences between Dublin airport and Heathrow.

He said "99 per cent" of take-offs and landings occurred during daylight hours and not between 11.30 p.m. and 6.00 a.m. Also, there was not the same level of housing congestion around the runways at Dublin airport.

An Aer Lingus spokesman said their understanding was the ruling applied only between the hours of 3 a.m. and 6 a.m.