Court to rule on night flights

Lawyers for three local authorities want the court to declare that Transport Secretary Ruth Kelly must reconsider which type of plane, and how many, should be permitted to land at Heathrow before 6am.

Wandsworth, Richmond, and Windsor and Maidenhead councils have accused her Department of unlawfully failing to act after it was discovered three years ago that some early-arrival planes had been placed in the wrong noise category.

Ms Kelly's predecessor Douglas Alexander "failed to address the statutory test of the effect of aircraft noise or, if he did address it, did so in an irrational and disproportionate manner and contrary to his own policies", David Smith, counsel for the local authorities, told a hearing earlier this week.

The law requires a fair balance to be struck between the interests of society in general and those of individuals, he told Mr Justice Sullivan.

The judge heard that the Boeing 747-400 RR, which is the main type used by airlines during the night quota period at Heathrow, had been wrongly classified at too low a noise level.

The councils argued that, by not acting on the discrepancy, the Government failed in its duty to protect residents from excessive noise at night.

Mr Smith claimed the Department had wrongly restricted itself to consideration of aircraft "energy levels and footprints" instead of noise levels, which were the true legal test.

Reclassification would have forced airlines to substitute quieter aircraft or withdraw early-morning services. There are around 16 early-morning arrivals each day between 4.30am and 6am.

The court challenge is supported by Kensington and Chelsea, Hammersmith and Fulham, Hounslow and Hillingdon and the GLA. All the councils are members of the 2M Group which opposes Heathrow expansion and campaigns to protect the quality of life for communities around the airport.