The Airports (Noise-related Operating Restrictions) (England and Wales) Regulations 2018

Made: 27th June 2018

Laid before Parliament: 2nd July 2018

Coming into force: 23rd July 2018

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 .

The Secretary of State is a Minister designated for the purposes of that section in relation to measures relating to air transport .

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Airports (Noise-related Operating Restrictions) (England and Wales) Regulations 2018 and come into force on 23rd July 2018.

• (2) These Regulations extend to England and Wales.

Interpretation

2

In these Regulations—

• “the 2014 Regulation” means Regulation (EU) No 598/2014 of the European Parliament and of the Council of 16th April 2014 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at United Kingdom airports within a Balanced Approach and repealing Directive 2002/30/EC ;

• “aircraft” has the same meaning as in Article 2(1) (definitions) of the 2014 Regulation;

• “airport” means an airport which—is in England or Wales, andhas more than 50,000 civil aircraft movements per calendar year, on the basis of the average number of movements in the last three calendar years before the last assessment of the noise situation at that airport was carried out in accordance with the Environmental Noise (England) Regulations 2006 or, as the case may be, the Environmental Noise (Wales) Regulations 2006 ;

• “airport operator” means, in relation to a particular airport, the person for the time being having management of that airport;

• “movement” means either a take-off or a landing;

• “operating restriction” has the same meaning as in Article 2(6) of the 2014 Regulation.

Competent authority: Town and Country Planning Act 1990

3

• (1) Except in the circumstances specified in paragraph (2), the local planning authority is the competent authority for the purposes of the 2014 Regulation in relation to—

• (a) a proposal for it to impose, modify or discharge an operating restriction under the 1990 Act;

• (b) an operating restriction imposed or modified under the 1990 Act.

• (2) The circumstances specified are when any of the matters referred to in sub-paragraph (a) or (b) of paragraph (1) are considered by virtue of—

• (a) an application referred to the Secretary of State or the Welsh Ministers under section 77 of the 1990 Act; or

• (b) an appeal to the Secretary of State or the Welsh Ministers under section 78 , 106B or 174 of the 1990 Act.

• (3) Where an application or appeal mentioned in paragraph (2) is considered by the Secretary of State or, as the case may be, the Welsh Ministers, the Secretary of State or, as the case may be, the Welsh Ministers are the competent authority for the purposes of the 2014 Regulation, in relation to those matters which are subject to the application or appeal.

• (4) In this regulation—

• “the 1990 Act” means the Town and Country Planning Act 1990 ;

• “local planning authority” has the same meaning as in Part 1 of the 1990 Act.

Competent authority: Planning Act 2008

4

• (1) Subject to paragraph (2), the relevant local planning authority is the competent authority for the purposes of Article 6(3) of the 2014 Regulation (follow up and monitoring of operating restrictions) in relation to any operating restriction imposed by, or provided for in, an order granting development consent under section 114 of the Planning Act 2008 .

• (2) Paragraph (1) does not apply where the Secretary of State has by notice directed that the Secretary of State is to be the competent authority for the purposes referred to in that paragraph.

• (3) A notice under paragraph (2) must be—

• (a) in writing,

• (b) published in a way that the Secretary of State thinks appropriate, and

• (c) served by post on the relevant local planning authority and the airport operator concerned.

• (4) In this regulation, “relevant local planning authority” has the same meaning as in section 173 of the Planning Act 2008.

Competent authority: Secretary of State

5

In any other case not covered by regulation 3 or 4, the Secretary of State is the competent authority for the purposes of the 2014 Regulation.

Provision of information

6

An airport operator must provide a competent authority with such information in relation to an airport managed by that operator as the authority may require to enable it to carry out its functions under the 2014 Regulation.

Revocation

7

The Aerodromes (Noise Restrictions) (Rules and Procedures) Regulations 2003 are revoked in relation to England and Wales.

Signed

Signed by authority of the Secretary of State for Transport

Sugg — Parliamentary Under Secretary of State — 2018-06-27

Explanatory note

(This note is not part of these Regulations)

Footnotes

[^f00001]: 1972 c. 68. Section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

[^f00002]: S.I. 1993/2661, to which there are amendments not relevant to these Regulations.

[^f00003]: OJ L 173, 12.6.2014, p. 65-78.

[^f00004]: Directive 2002/30/EC of the European Parliament and of the Council of 26th March on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports (OJ L 85, 28.3.2002, p. 40-46).

[^f00005]: S.I. 2006/2238, as amended by S.I. 2008/375, 2009/1610, 2010/340 and 2015/377.

[^f00006]: S.I. 2006/2629 (W. 225), as amended by S.I. 2009/47 (W. 15).

[^f00007]: The functions of the Secretary of State under the Town and Country Planning Act 1990 (c. 8) (“the 1990 Act”) referred to in regulation 3 of these Regulations, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

[^f00008]: Section 77 of the 1990 Act was amended by: paragraphs 1 and 20 of Schedule 12 to the Housing and Planning Act 2016 (c. 22); paragraphs 2 and 11 of Schedule 4 to the Infrastructure Act 2015 (c. 7); paragraphs 1 and 10 of Schedule 12 to the Localism Act 2011 (c. 20); paragraph 18 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34); and, by S.I. 2014/2773 (W. 280).

[^f00009]: Section 78 of the 1990 Act was amended by: paragraphs 1 and 21 of Schedule 12 to the Housing and Planning Act 2016; section 123(1) and (3) of, and paragraphs 1 and 11 of Schedule 12 to, the Localism Act 2011; paragraphs 2 and 12 of Schedule 4 to the Infrastructure Act 2015; paragraphs 1 and 8 of Schedule 1 to the Growth and Infrastructure Act 2013 (c. 27); section 17(2) of the Planning and Compensation Act 1991; section 43(2) of the Planning and Compulsory Purchase Act 2004 (c. 5); paragraphs 1 and 3 of Schedule 10, and paragraphs 1 and 2 of Schedule 11, to the Planning Act 2008 (c. 29); and, sections 45 and 47(1) of, and paragraph 7(1) and (3) of Schedule 7 to, the Planning (Wales) Act 2015 (2015 anaw 4).

[^f00010]: Section 106B of the 1990 Act was inserted by section 12(1) of the Planning and Compensation Act 1991 and amended by: paragraphs 1 and 5 of Schedule 2 to the Growth and Infrastructure Act 2013; section 34(5) to (7) of the Greater London Authority Act 2007 (c. 24); section 174(1) and (4) of the Planning Act 2008; and, paragraph 77(1) and (3) of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011.

[^f00011]: Section 174 of the 1990 Act was amended by: section 6(1) of, and paragraph 2 of Schedule 7 to, the Planning and Compensation Act 1991; paragraphs 2 and 5 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24); section 46 of the Planning (Wales) Act 2015; and, S.I. 2003/956 and 2004/3156 (W. 273).

[^f00012]: 1990 c. 8.

[^f00013]: 2008 c. 29. Section 114 was amended by section 128(2) of, and paragraph 55 of Schedule 13 to, the Localism Act 2011. Under section 120 of the Planning Act 2008, an order granting development consent may impose requirements in connection with the development for which consent is granted, including by applying a statutory provision which relates to any matter for which provision may be made in the order.

[^f00014]: S.I. 2003/1742.

Editorial notes

[^c23326221]: 1972 c. 68. Section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

[^c23326231]: S.I. 1993/2661, to which there are amendments not relevant to these Regulations.

[^c23326241]: OJ L 173, 12.6.2014, p. 65-78.

[^c23326251]: Directive 2002/30/EC of the European Parliament and of the Council of 26th March on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports (OJ L 85, 28.3.2002, p. 40-46).

[^c23326261]: S.I. 2006/2238, as amended by S.I. 2008/375, 2009/1610, 2010/340 and 2015/377.

[^c23326271]: S.I. 2006/2629 (W. 225), as amended by S.I. 2009/47 (W. 15).

[^c23326281]: The functions of the Secretary of State under the Town and Country Planning Act 1990 (c. 8) (“the 1990 Act”) referred to in regulation 3 of these Regulations, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

[^c23326291]: Section 77 of the 1990 Act was amended by: paragraphs 1 and 20 of Schedule 12 to the Housing and Planning Act 2016 (c. 22); paragraphs 2 and 11 of Schedule 4 to the Infrastructure Act 2015 (c. 7); paragraphs 1 and 10 of Schedule 12 to the Localism Act 2011 (c. 20); paragraph 18 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34); and, by S.I. 2014/2773 (W. 280).

[^c23326301]: Section 78 of the 1990 Act was amended by: paragraphs 1 and 21 of Schedule 12 to the Housing and Planning Act 2016; section 123(1) and (3) of, and paragraphs 1 and 11 of Schedule 12 to, the Localism Act 2011; paragraphs 2 and 12 of Schedule 4 to the Infrastructure Act 2015; paragraphs 1 and 8 of Schedule 1 to the Growth and Infrastructure Act 2013 (c. 27); section 17(2) of the Planning and Compensation Act 1991; section 43(2) of the Planning and Compulsory Purchase Act 2004 (c. 5); paragraphs 1 and 3 of Schedule 10, and paragraphs 1 and 2 of Schedule 11, to the Planning Act 2008 (c. 29); and, sections 45 and 47(1) of, and paragraph 7(1) and (3) of Schedule 7 to, the Planning (Wales) Act 2015 (2015 anaw 4).

[^c23326311]: Section 106B of the 1990 Act was inserted by section 12(1) of the Planning and Compensation Act 1991 and amended by: paragraphs 1 and 5 of Schedule 2 to the Growth and Infrastructure Act 2013; section 34(5) to (7) of the Greater London Authority Act 2007 (c. 24); section 174(1) and (4) of the Planning Act 2008; and, paragraph 77(1) and (3) of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011.

[^c23326321]: Section 174 of the 1990 Act was amended by: section 6(1) of, and paragraph 2 of Schedule 7 to, the Planning and Compensation Act 1991; paragraphs 2 and 5 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24); section 46 of the Planning (Wales) Act 2015; and, S.I. 2003/956 and 2004/3156 (W. 273).

[^c23326331]: 1990 c. 8.

[^c23326341]: 2008 c. 29. Section 114 was amended by section 128(2) of, and paragraph 55 of Schedule 13 to, the Localism Act 2011. Under section 120 of the Planning Act 2008, an order granting development consent may impose requirements in connection with the development for which consent is granted, including by applying a statutory provision which relates to any matter for which provision may be made in the order.

[^c23326351]: S.I. 2003/1742.