Review of existing Section 106 Agreement - Thanet District Council

In respect of noise mitigation measures, there are currently three airportsdesignated under Section 80 of Civil Aviation Act 1982 for the purposes ofSection 78 of that Act – Heathrow, Gatwick and Stansted. Section 78empowers the Secretary of State to regulate noise and vibration connectedwith aircraft taking off or landing at these “designated airports”. The origins ofthis arrangement date back to the 1960’s, when these airports were part of thenational British Airports Authority, where at that time these provided thepredominant proportion of air services from the entire UK. Development andmanagement of noise monitoring and noise insulation compensation schemeswere carried by the then Department of Transport, not the airports operator.The introduction of common arrangements introduced at the designatedairports in the early 1990’s resulted in the same system of aircraftclassification for aircraft at any of these airports, with restrictions on commonrules, including the same hours of restrictions, and the same rules fordispensations, early arrivals and administration. The only difference is thatmovement and night quotas are set separately at each airport, to reflectspecific market differences in the air services operated.At all other UK airports – “non-designated” in Section 78 and 80 noiselegislation terms – the impact of noise can only be controlled by operationalrestrictions imposed by the planning system and the goodwill of the airportoperators. The airline industry itself is protected from any legal action inrespect of nuisance by virtue of the Air Navigation Order 1920.However, in practice, the control of noise at other airports has been achievedby means of the planning process. In particular, by using the custom andpractice of procedures and standards at the Designated Airports asbenchmarks to judge the value and effectiveness of operational controls,facilities and procedures aimed at mitigating environmental and noise impact.The standards and principles set for the Designated Airports, and Governmentactions to regulate these for environmental objectives, has set the frameworkfor the introduction of comparable measures at other UK airports. The keyissue for consideration is the need to examine any proposed measure derivedfrom the examples at Designated Airports in context of that airport’s actuallevel of activity, existing or planned, and the commercial and investmentresources that are realistically likely to be available to implement anymeasure.Licensed airports have the power, under Section 38 of the 1982 Act to fix theircharges in relation to aircraft noise, or to the inconvenience resulting fromsuch noise, including departures from compliance to noise routingrequirements in the vicinity of the airport.Section 35 of the 1982 Act originally set up formal Consultative Committeesfor Heathrow and Gatwick. Many other airports subsequently set upconsultative committees to parallel the requirements of Section 35 of the Act,although only those airports actually designated by the Secretary of State forTransport are obliged to provide such facilities. With the number of otherairports that operated Committees of some form on a “goodwill basis”,revisions to the process were made in 1987. The DfT Guidance Note forEU00142:FINAL REPORT PAGE 4

Airport Consultative Committees of December 2003 introduced the presentarrangements, where Manston is Designated in the schedule in SI 2002/2421,and required to establish a formal Consultative Committee. Ultimately, aCommittee has only power to advise airport management and makerecommendations.2.4 EU Directive 2002/30/ECDirective 2002/30/EC reflects the “balanced approach” to aircraft noisemanagement recommended in 2001 in Resolution R33-7 of the 33 rd Assemblyof the International Civil Aviation Organisation (ICAO). It established newrules and procedures with regard to the introduction of noise related operatinginstructions at major airports. The Directive has been incorporated in UKlegislation by The Aerodromes (Noise Restrictions) (Rules and Procedures)Regulations 2003.These rules and procedures apply to certain aspectsaffecting the operation of aircraft according to a period of time, such as atnight.The UK has the necessary arrangements to give effect to the Directive in UKlegislation. The Secretary of State for Transport retains responsibility for noiseissues at the three Designated Airports as the “competent authority underArticle 3 of the Directive. At all other airports covered the airport operator isthe competent authority, and is responsible for setting out the environmentalnoise objectives for the airport, and for following the rules for the assessmentof measures to achieve these objectives.The UK Regulations emphasise the need for the promotion of airport capacityin harmony with the environment, facilitating noise abatement procedures,achieving maximum environmental benefit in the most cost effective manner,limiting or reducing the number of people significantly affected by aircraftnoise.Annex II of the Directive sets out a description of the information needed to beconsidered in making decisions on operating restrictions. These includeexisting noise mitigation methods, forecasts of future noise climate withoutfurther mitigation measures, and an assessment of the effects and costs ofadditional measures that could be taken to improve the noise climate. Theassessment of noise is also linked to a noise mapping process established bythe European Directive on Assessment and Management of EnvironmentalNoise.2.5 EU Directive 2002/49/ECThis Directive covers noise from all of transport modes, including major roads,railways and airports, together with industry and significant population centres.Published in 2002 the Directive is presently being transposed by theGovernment into UK law. The Directive seeks to harmonise measurementand assessment of noise, principally by requiring a programme of strategicnoise maps. Also required are Action Plans, based on the noise maps, tomanage noise issues and effects at the mapped locations. Fundamental tothe preparation of the noise maps is early and effective opportunities for publicparticipation, with a first round of plans due by 2008.EU00142:FINAL REPORT PAGE 5

Directive 2002/49/EC does not introduce noise limit values, but intends thatthe action plans should address, in particular, areas where noise exposure isconsidered harmful to health, and to preserve environmental noise qualitywhere it is good. The Government is currently developing a separate NationalAmbient Noise Strategy for England which will build on the requirements of theDirective.In its review of current night restrictions at Heathrow, Gatwick and Stanstedthe Department for Transport reflects the requirements of Directive2002/49/EC, where changes to some of the evaluation criteria and standardsdiffer from those currently used in the production of information, for examplenoise contours. It is therefore likely that some of current practice andmeasurement criteria will need review after completion of the DfT evaluations,altering standards and interpretation of effects at the Designated Airports.By implication, therefore, such revised standards and criteria are likely to bereflected in the procedures and criteria adopted as industry “best practice” bythe remaining non-designated UK airports, in a way appropriate to the scale ofcurrent and planned air transport activity at an airport.2.6 EC Directive 85/337EC Directive 85/337 requires Environmental Assessment (EA) for certaintypes of project to be carried out before planning permission is granted. It hasbeen implemented for projects that require planning permission by the Townand Country Planning (Assessment of Environmental Effects) Regulations1988.For a limited number of projects listed in Schedule 1 to the Regulations, suchas major aerodromes, EA is required in every case. For a wider range ofprojects listed in Schedule 2 to the Regulations, including local roads, othernew aerodromes, industrial estate development, disposal of non-toxic wasteand mineral extraction, EA is required if the proposal is likely to havesignificant environmental effects.Where EA is required, the likely effects of noise will be one of theconsiderations to be dealt with in the environmental statement prepared by thedeveloper and submitted to the local planning authority with the planningapplication.2.7 Planning Policy GuidancePlanning Policy Guidance Notes (PPGs) set out Government policies ondifferent aspects of landuse planning. Local authorities must take theircontent into account when preparing development plans and determiningplanning applications. The PPGs also assist developers an indication of thefactors to take into account when preparing proposals for development.Landuse policy around airports, and under the principal arrival and departureroute tracks, is an important factor in helping minimise adverse impacts ofaviation, particularly aircraft noise.Whilst a local authority may take a close interest in air navigationarrangements likely to be associated with any airport planning proposal,EU00142:FINAL REPORT PAGE 6

seeking advice from the air traffic service provider and the CAA, it cannotmake a planning condition that has a direct effect on these arrangements.The CAA Safety Regulation Group may comment, and makerecommendations, if necessary, in respect of the effects of proposeddevelopment on or in the vicinity of an airport that could conflict with runwaysafeguarding and obstacle clearance criteria.2.8 Planning Policy Guidance Note 24 : Planning and NoiseIt is not intended to address all PPGs which could influence airportdevelopment and operation, but discussion is justified in respect of PPG 24.Issued in 1994, PPG 24 replaced earlier guidance given in DoE Circular10/73. It gives advice to local planning authorities in England on the use oftheir planning powers to minimise the adverse impacts of noise, from allmodes of transport and from heavy industry. PPG 24 sets out theconsiderations to be taken into account in determining applications for noisesensitive developments, such as homes, schools and hospitals, and also forthose activities that will generate noise. It specifies noise exposure categoriesfor residential development and recommends appropriate levels of exposureto different sources of noise, drawing on guidance from the World HealthOrganisation (WHO) and other sources.____________________________________________________________________PPG 24 Annex 1 – Recommended Noise Exposure Categories For NewDwellings Near Existing Noise SourcesAir Traffic - Summary of recommended Noise Exposure Categories (NECs)Time NEC NEC NEC NECA B C D0700-2300 722300-0700 66ClassificationABNoise level may not be desirable at upper level of category, but should not bea determining factor in granting permissionNoise should be taken into account and conditions imposed whereappropriateC Permission should not normally be refused. If permission is permitted,conditions should be imposed to protect against noiseDPlanning permission should normally be refusedNotes :• LAeq level : relates to a cumulative 16 hour daytime or 8 hour night time noisecontour for a “busy period” of airport activity• Night Time Noise Levels : where individual events regularly exceed 82.5 dB LAmaxseveral times in every hour sites should be treated as NEC C regardless of LAeq-8hr(except where the LAeq-8hr already puts the site in NEC D)• Aircraft Noise : daytime values accord with the contour values adopted by DfT whichrelate to levels measured 1.2m above open ground____________________________________________________________________PPGs are guidance not law, but will indicate the likely stance to be taken bythe Secretary of State in any given case, and be taken into account by anEU00142:FINAL REPORT PAGE 7

appellate Court in deciding what is reasonable. It is vital that the localplanning authority follows such guidance in considering noise sensitivedevelopment in the vicinity of an airport. There are instances across the UKwhere such advice has not be followed resulting in new development takingplace in an inappropriate location in noise terms, or without the requirementfor mitigation measures being a condition of development.EU00142:FINAL REPORT PAGE 8

3 Noise Monitoring and Reporting3.1 IntroductionNoise is generally considered the major environmental impact in terms ofpollution issues arising from the operation of an airport and its effects onexternal communities in the vicinity of an airport. As discussed in Section 6other aspects, such as air quality and surface water pollution, also areimportant items that require systematic monitoring as airport activity grows.The physics of noise measurement in the context of airports is an establishedarea, where in the past 35 years both the scientific and social effects havebeen well investigated and are understood. The state of the art in technicalstandards and equipment has been established to monitor and measure noiseimpact, which take into account many of the characteristics of the human ear.Some fundamental matters related to noise measurement will be addressed,and then the application of these to the monitoring of aviation activity will bereviewed.3.2 Noise units and measurementMeasuring the sound pressure level created by an aircraft movement is notsufficient to characterise the degree of annoyance caused. In the case ofairport noise measurements of loudness undergo further calibration intendedto capture the sensitivity of the human ear, leading to what is called the A-Scale Adjustment. Thus the A Weighted decibel units are denoted as dBA.The decibel noise unit is logarithmic, so that a change of 10dBA equates to ahalving or doubling of the perceived noise. In addition, a difference of 3dBA isneeded before a difference in two noise levels can be perceived. Thelogarithmic nature of noise means than simple arithmetic averaging is notpossible, with such calculations being more complex.3.3 Aircraft noise certification and classificationIn the late 1960’s the International Civil Aviation Organisation (ICAO) and anumber of national civil aviation bodies began the process of adopting noisestandards for transport aircraft. In 1976 ICAO and the US Federal AviationAdministration (FAA) specified very similar standards that civil transportaircraft had to meet. These were set out in the ICAO Convention Annex 16 –Environmental Protection : Aircraft Noise and in the FAA Federal AirRegulation 36 (FAR 36). Annex 16 sets out a series of standards of ranges ofmeasured noise in technical Chapters, the noisiest being early generation jets– Chapter 1 (FAR36 Stage 1), second generation turbofans – Chapter 2/Stage2 -, and the current high ratio fan engine aircraft – Chapter 3/Stage 3.The ICAO/FAA standards set specific performance criteria for thestandardised measurement of aircraft types, relating to different aircraftmodels and variants, different engine fits and also different Maximum Take OffWeights (MTOW) for otherwise identical aircraft. The standard certificationnoise process measures noise at takeoff and landing on both the landing andapproach paths and in addition to the side where takeoff noise was greatest.EU00142:FINAL REPORT PAGE 9

Each aircraft type and subtype has therefore a recognised and formallycertified noise profile, which can be used in establishing noise monitoringprocedure, and in modelling forecast noise in the future from forecast aircraftmovement schedules. For certification purposes the noise measurement usedis the Effective Perceived Noise Level measured in ENPdB which isanalogous to dBA.Chapter 1 aircraft disappeared from the fleets of world airlines in the 1970’sand 80’s, and in the US, Europe and most developed countries Chapter 2aircraft were phased out by 2003, leaving only the much quieter Chapter 3aircraft operating in these countries. In certain parts of the world such asEastern Europe, Africa, South America and China some earlier Chapter 2aircraft are still used. The Annex 16 Chapter criteria represent a range ofaircraft noise, so that the perceived difference between the quietest Chapter 2and the loudest Chapter 3 aircraft can be small. With continuing advances inaircraft engine technology the international bodies are currently in the earlystage of identifying whether, and when, a future Chapter 4 Standard can bepractically introduced.3.4 Noise measurement at airportsThe most commonly used measures of aircraft noise at airports are subdividedbetween :• Single Event Measures associated with a single aircraft movement• Cumulative Measures which seek to represent over time thecumulative effects of many movements over a specified period. Thecalculation of these involves the accumulation of the magnitude ofeach individual noise event due to a takeoff or landing, and the totalnumber of such events in the measurement period. In the UK thedaytime cumulative measure is generally taken over a 16 hour day(07.00 to 23.00 hours) and is expressed as the LAeq(16hour) in dBA.The cumulative measure represents the “average noise level” over theperiod, but in this form cannot differentiate between, say, a single veryintensive and disturbing noise event and numerous moderate noiselevels occurring during the same measurement period.3.5 Airport noise contoursNoise contours are a measure of average noise exposure represented on theground as a series of lines of equal exposure. The cumulative LAeq is usedas a basis for the calculation of noise contours in the vicinity of an airport, andcan be calculated based on schedules and noise readings experienced over adefined period, giving an historical noise contour. Alternatively noise contoursfor future years, based on an airport’s development plans and traffic forecastscan be calculated using a combination of forecast schedules by expectedaircraft type and each individual aircraft noise characteristics from the formalnoise certification process. A number of specialist programs to producecontours are available from noise advisers.In calculating the contour for, say, a particular year it is normal practice tomodel the peak summer period of airport operations, the resulting contour thusEU00142:FINAL REPORT PAGE 10

possible. Historic stored data will also allow any subsequent noise complaintto be fully assessed, as necessary.The level of sophistication of some Airport Noise Monitoring Systems(ANOMS) available can include the ability to produce continuously availablenoise contours, if required by the nature of the monitoring circumstances.However, in normal circumstances noise contour production on an annual orseasonal basis is adequate, and the contours are more efficiently obtained asa specific and separate task by specialist contractors.The introduction of a monitoring system involves considerable capital, even forthe most basic arrangements, covering not only the cost of the system itself,but the also the purchase of sites off airport to house the NMT sensors, highquality communication links from the NMTs to the central computer. There arealso revenue costs related to system management training, and the recurringmaintenance and calibration tasks once the system is installed. Equallyessential to any of these systems are staff resources dedicated to itsoperation, and to administrate any resulting reporting and complaintsprocesses introduced.3.7 Arrival and departure flight pathsDeparture routes flown by aircraft departing or arriving at an airport aredependent on other air traffic routes above or adjacent to the airport, locationof sensitive landuses such as housing, and the performance capabilities of theaircraft in terms of rate of climb or rate of turn.For departing aircraft it may be possible to develop takeoff routings which turnaircraft away from sensitive areas, with these routes becoming the publishedstandard for the airport, the Standard Instrument Departure routes (SID) TheSID(s) would pass over the least populated areas wherever practical, tobecome the Noise Preferential Route(s) (NPR). An NPR is a corridor some3km wide (1.5km either side of the SID). In respect of aircraft landing thesame principles can apply but the nature of the “funnelling” of the aircraft ontothe runway on the final stages of descent limits routeing possibilities.It must be emphasised that control of an aircraft’s adherence to an NPR islimited since at an altitude of between 3,000 to 7,000ft the main CAA NationalAir Traffic Service (NATS) take over control of the aircraft. The NATSrecognises environmental objectives as part of its exercise of air navigationfunctions, and assists in establishing NPRs where possible in conjunction withan airport. Before an NPR can be established or modified NATS proceduresinclude the requirement to carry out a full safety case evaluation. In addition aformal public consultation process is necessary for changes to air routeingsbelow 7,000ft altitude, and when proposed changes would have a significanteffect on the level and distribution of noise in the vicinity of an airport or theshape of its existing noise contours.Deviation from the NPR can occur for a variety of reasons such as the need tomaintain safety separation from other aircraft, adverse weather conditions, orairways congestion near to navigational beacons, rather than simply error bythe aircraft. A resulting Non Standard Departure (NSD) may be directed byEU00142:FINAL REPORT PAGE 12

the Air Traffic Controllers both before or during takeoff, and should berecorded.3.8 Radar trackingTo accurately establish and record the aircraft track over the ground, andadherence to SID and NPR procedure, requires an Airport Monitoring Systemthat includes a radar input from the SSR serving the airport. This input wouldbe incorporated into the second phase Noise Monitoring System discussedabove. Historic data can be overlaid to ground maps to demonstrate theextent of flight paths into and from the airport, and highlight deviations fromnormal rules of procedure.3.9 Noise reporting proceduresModern Noise Monitoring systems are able to collect considerable data fromwhich standardised reports can be drawn to inform the airport operator, theairport Consultative Committee, the responsible Local Authority and affectedcommunities on a regular basis as required. Historic trends can beestablished and examined against performance targets agreed between theairport and other parties, and should be publicly available on demand.Such information should form an element of an overall monitoring process ofall aspects of the airports environmental management activities that may berecognised by the local authority or other organisations. An annual review andsummary of these activities should be published by the local authority,together with an assessment of the airports performance in relation to anyplanning conditions or obligations formally agreed.These activities require the commitment of competent resources to monitorcompliance with such obligations, not only within the management structure ofthe airport but also by the local authority in an “audit” role. In view of theexpense of such duties, it is the practice at a number of UK airports that acontribution to the cost of the local authority employing a dedicated member ofstaff, or the services of an independent specialist consultant, who would havespecific responsibilities for liaison, monitoring and reporting the performanceof the airport to the council and to the public.3.10 Noise complaint proceduresIt is important that the airport establishes an open and clearly accessible noisecomplaints process. Complaints can be received directly by letter, telephone,email and individual visits to the airport, as well as through feedback from thelocal authority, community groups, Consultative Committee, individuals or themedia.Phone, email and website contact details need to be published widelyidentifying the responsible manager at the airport, together with guidance tothe complainant on the complaints procedure. Targets for a response by theairport should be established and monitored by the local authority and theConsultative Committee. If out of hours complaints are made – in relation tonight flights for example – a dedicated contact line to a recording deviceshould be provided, and the procedures for followup and subsequent actionEU00142:FINAL REPORT PAGE 13

must be in place and clearly publicised. Regular reporting of the nature, scaleand action taken in response to complaints received must be a fundamentalelement of overall reporting procedure.The 2003 DfT Guidelines for Airport Consultative Committees formallyencourage monitoring and reporting practices as outlined above. In additionthe Environmental Information Regulations 2004, which came into force on 01January 2005, require “public bodies” to make “environmental information”available to persons requesting it. Although early days for this new legislationand its possible interpretation in practice, it is a further incentive to makeavailable, on a consistent and regular basis, the necessary environmental andoperational information to keep both the Council and the public properlyinformed of the Airport’s activities.EU00142:FINAL REPORT PAGE 14

4 Review of UK Airport Noise Policies4.1 Belfast City AirportBelfast City Airport is set in dockside Belfast adjacent to urban and industrialareas and residential development close to the north end of the runway. In2004, the airport handled 2.1m passengers and 33,400 air transportmovements (ATMs).Belfast City Airport’s noise management strategy revolves around a Section106 Agreement and Operational Noise Abatement Procedures. The result is acomposite set of restrictions which currently include:• Limitation on airport operating hours (0630-2130)• ATM movements cap (45,000 per annum)• Restriction on the number of seats for sale on flights from theairport (1,500,000 per annum)• Noise abatement routings• Installation of Fixed Ground Power Units on all 10 aircraft stands infront of the terminal• Commissioning of an independent Community Survey to evaluateresidents’ attitudes towards aircraft noise4.2 Birmingham International AirportBirmingham International Airport is situated eight miles from centralBirmingham, with dense urban housing on three sides close to its boundary,and green belt with major roads on the western side. In 2004, the airporthandled 8.8m passengers and 109,200 air transport movements (ATMs).Birmingham Airport has six major policy areas in respect of aircraft noise.These include:• Operation of an airport noise and operations monitoring system(ANOMS), with a capability of tracking aircraft up to a 12 mileradius from the airport. In addition a community andenvironmental management tool, AIRVON, allows additionalanalyses such as population and housing analysis for noisecontours and noise preferential routes• Full noise complaints handling procedure is in place, whichprovides a detailed response to all complainants.• Night flying policy (with an annual Quota Count)• Noise preferential routes, with penalties for infringement• Ground engine running restrictions• Noise insulation scheme4.3 Bournemouth International AirportBournemouth International Airport is six miles north east of Bournemouth andis situated in semi rural location. In 2004, the airport handled 0.5 millionpassengers and 9,600 air transport movements (ATMs).EU00142:FINAL REPORT PAGE 15

Bournemouth has no formal policy in place, but implements certain measuresin order to achieve their aim of being a ‘good neighbour’.These measures are:• Noise preferential routings (but no monitoring or penalty system)• Minimum circuit height of 1500 ft• Preferential runways for departures and arrivals• Engine ground running restricted to certain time periods• Provision of a dedicated noise complaints line. All calls areinvestigated and a response is provided. A statistical summary isprepared for all telephone and written complaints, which ispresented to the Airport Consultative Committee4.4 Bristol International AirportBournemouth International Airport is nine miles south west of Bristol and is setin semi rural location. In 2004, the airport handled 4.6m passengers and54,800 air transport movements (ATMs).Bristol Airport has no formal noise policy, but has recently undertaken a majorconsultation exercise with local residents, businesses and other organisationsto agree a series of noise control measures with North Somerset Council.These are as follows:• Development of Noise Preferential Routes, in conjunction withlocal Parish Councils• Night-time flying restrictions• Operation of an aircraft noise quota system, based on those usedat London Heathrow and Gatwick. The quota applies between2330-0600. Aircraft with a quota count of 4 or above are notnormally allowed to take-off or land between 2300-06004.5 Cardiff International AirportCardiff International Airport is 13 miles south west of Cardiff and is situated insemi rural location. In 2004, the airport handled 1.9 million passengers and22,000 air transport movements (ATMs).In common with other UK regional airport, Cardiff International Airport hasinstigated a number of noise control measures. These are:• Operation of Noise Preferential Routes (Departures only)• Preparation of noise contours (for a typical summer weekday,summer weekend, winter weekday and winter weekend)• Request that pilots use reverse thrust to a minimum, particularlyafter 2130 hours, consistent with operational needs• Restriction on ground running of engines between 2130-0700EU00142:FINAL REPORT PAGE 16

4.6 Exeter International AirportExeter International Airport is six miles north east of Exeter and is in semi rurallocation. In 2004, the airport handled 0.6m passengers and 111,800 airtransport movements (ATMs).Exeter Airport has a formal policy statement on a range of environmentalissues including aircraft noise. Noise control measures adopted include:• Noise preferential routings (although these are less preciselydefined in comparison to other UK airports)• Noise complaints concerning known or suspected known civilaircraft to be referred to the Airport Director4.7 Leeds Bradford International AirportLeeds Bradford International Airport is nine miles north west of Leeds and issurrounded by some suburban development on its south side with semi ruralland to north. In 2004, the airport handled 2.4m passengers and 31,500 airtransport movements (ATMs).Leeds Bradford Airport has a stated policy to ‘be a considerate neighbour andminimise as far as possible the effects and disturbance of noise from aircraftand airport operations. The noise control measures in place include:• Noise preferential routings and procedures applying to all aircraftwith a MTOW greater than 5,700 kgs• Target daytime noise levels:• Take-off - No greater than 92 db(A) by day or 84 db(A) bynight• Approach - No greater than 85 db(A) by day or 79 db(A) bynight• Operating quota – No departures in the night-time period (2300-0700) shall take place by aircraft with a quota count of 1,2,4,8 or16. No landings shall take place with a quota count of 2,4,8, or 16.• APU operating restrictions between 2300-0600• Continuous operation of a Lochard Noise Monitoring and Trackkeepingsystem with four permanent noise monitors4.8 Liverpool International AirportLiverpool International Airport is nine miles south east of Liverpool surroundedby dense urban residential and industrial areas to the north and river estuaryto the south. In 2004, the airport handled 3.4m passengers and 39,700 airtransport movements (ATMs).Liverpool Airport’s noise control measures include:• Use of preferential runways for take-off and landing• Operation of a noise quota system with the following restrictions• 2300-2330 - Aircraft with quota count of QC/8 or QC/16 mustnot be scheduled to take-off or landEU00142:FINAL REPORT PAGE 17

• 2330-0600 - Aircraft with quota count of QC/8 or QC/16 mustnot take off or land• 0600-0700 - Aircraft with a quota count of QC/16 must nottake off or be scheduled to landCertain exemptions apply• Noise monitoring and track-keeping system in place with two fixedand one mobile terminals4.9 London City AirportLondon City Airport is eight miles east of the City of London, on a smalldockland site surrounded by dense urban housing, university accommodation,an exhibition centre and commercial property. In 2004, the airport handled1.7m passengers and 53,200 air transport movements (ATMs).Due to its city centre location, London City Airport has the most stringentoperational and noise contraints out of all UK airports. The following noisemeasures are currently in place:• Noise abatement procedures apply on departure and arrival• Airport opening hours are as follows:• Weekdays - 0630-2200• Saturdays - 0630-1230• Sunday - 1230-2200• Bank Holidays - 0900-2200• Limitation on ATMs (restricted to 240 per weekday and 140 onSaturdays and Sundays)• Limitation on factored ATM movements, based on the aircraftnoise category (ranging from Category A equivalent to 1.26 ATMsto Category E equal to 0.08 ATMs). The overall annual factoredATMs should not exceed 15% of the permitted number of ATMs inany one week or 73,000 per calendar year• The maximum permitted aircraft noise level is Category A (91.6-94.5 PNdB). In addition, all aircraft must be capable of making anapproach at 5.5 degrees or steeper in comparison to the normalapproach of 3 degrees at most other airports• A noise surcharge may be imposed for aircraft exceeding thenoise limits• A noise monitoring system is in place with four monitoring points4.10 London Heathrow, Gatwick and Stansted AirportLondon Heathrow is 16 miles west of central London surrounded by denseurban residential and commercial areas close to much of its boundary, withreservoirs and green belt on its western edge. In 2004, the airport handled67.1 million passengers and 469,800 air transport movements (ATMs).London Gatwick is four miles to the north west of Crawley, adjacent tosuburban residential, commercial and industrial areas on two sides with somesemi rural areas on its western side. In 2004, the airport handled 31.4mpassengers and 241,200 air transport movements (ATMs).EU00142:FINAL REPORT PAGE 18

London Stansted is four miles to the north east of Bishops Stortford in semirural location with major urban areas to the west and large towns on itseastern side. In 2004, the airport handled 20.9 million passengers and176,800 air transport movements (ATMs).The noise control measures in place at London Heathrow, Gatwick andStansted Airports are complex and are currently under Government review.These currently include:• Noise abatement procedures apply at all three airports• Preferred runway operations (eg the Cranford Agreement atLondon Heathrow precluding departures from 09L except inexceptional circumstances)• Operation of a noise quota system (QC/0.5 – QC/16), with nighttime flying restrictions on QC/8 and QC/16 aircraft• Limitation on the total quota count in both the Winter and Summerseasons• Restrictions on APU and engine ground running• Operation of noise monitoring and track-keeping systems at allthree airports (Heathrow – 10 terminals, Gatwick – 5 terminals andStansted – 8 terminals)The Government review relates to the night flying restrictions to be applied fora six year period from Autumn 2005. Of particular concern is the number offlights permitted at Heathrow between 0430-0600 (currently an average of 16arrival aircraft) and the noise classification of particular aircraft and enginetypes.4.11 London Luton AirportLondon Luton Airport is two miles east of Luton with major urban residentialareas to the west, major industrial and commercial development on its southside, and green belt rural areas immediately to the north and east. In 2004,the airport handled 7.5m passengers and 64,200 air transport movements(ATMs).Luton Airport’s noise control measures include:• Noise Preferential Routing and Procedures as published in the AIP• Certain ground engine running restrictions• Noise charges apply for all departing and arrivals aircraft,calculated as a proportion of the landing fee. An additional nighttimenoise supplement is also imposed. Noise surcharges apply toaircraft exceeding 94 dBA (day) and 81 dBA (night)• A noise monitoring system is in place with three terminals sited6500 metres from runway start of roll4.12 Manchester International AirportManchester International Airport is 12 miles south west of Manchester citycentre, with suburban residential, commercial and industrial areas to the northEU00142:FINAL REPORT PAGE 19

and east and greenbelt rural areas to the immediate west and to the south. In2004, the airport handled 21.0m passengers and 208,500 air transportmovements (ATMs).Manchester Airport’s noise control measures are broadly similar to those atLondon Heathrow, Gatwick and Stansted. An overall night-time noise limit isimposed whereby the size of the 60 LAeq night-time (2300-0700) contourshould not exceed that measured in 1992/3. The current noise controlmeasures include:• An overall limit on night movements (capped at no more than 7%of total movements• Noise quota for night movements (based on a similar QC systemto London Heathrow, Gatwick and Stansted Airports). Restrictionsapply to QC/8 and QC/16 aircraft at night. The total QC noisebudget for 2005 is fixed at 8,750 for the Summer and 3,900 for theWinter season• An additional constraint on total night-time movements in theSummer and Winter season applies• A noise monitoring and track-keeping system (MANTIS) is inplace. This receives radar and flight plans from the ManchesterAirport Management Operational Support System (AMOSS). Thesystem monitors all aircraft within 30 km of the airport andautomatically registers breach of the noise limits and identifiesaircraft that stray by more than 1.5 km from the Preferred NoiseRoutes• Financial penalties apply to departing aircraft exceeding 85 dB(A)between 2300-0700 and 92 dB(A) between 0700-23004.13 Newcastle International AirportNewcastle International Airport is seven miles north west of Newcastle withsuburban residential area to the west and semi rural location on its otherboundaries. In 2004, the airport handled 4.7m passengers and 49,900 airtransport movements (ATMs).Newcastle Airport has less stringent noise controls than several other UKairports, but it is currently reviewing its noise policy. Controls and proceduresin place include:• Operation of Noise Preferential Routings (as listed in the AIP)• Restrictions on APU and ground engine running• A noise monitoring system is in place – but no financial penaltiesare imposed for infringement of the NPRs4.14 Norwich International AirportNorwich International Airport is situated four miles north of Norwich city centre,with suburban development on the south side and rural areas to the north. In2004, the airport handled 0.4 million passengers and 7,000 air transportmovements (ATMs).EU00142:FINAL REPORT PAGE 20

Norwich Airport is presently reviewing its noise policy.include:Current controls• An airport curfew applies between 2300-0600• A surcharge of five times the landing fee is imposed on aircraftarriving outside normal operating hours• Ground engine running is prohibited between 2300-0600 exceptwith prior permission from an Airport Director• A noise monitoring system (Cirrus Research - RASP 2 noiserecording program) is in operation – but no financial penalties areimposed for noise or track-keeping infringement4.15 Nottingham East Midlands AirportNottingham East Midlands Airport is 11 miles south of Derby, and is set in asemi rural location with urban areas to the east and some villages to othersides of site. In 2004, the airport handled 4.4m passengers and 55,900 airtransport movements (ATMs).Noise management procedures in place at Nottingham East Midlands Airportinclude:• Implementation of a maximum noise level limit (and penaltysystem) for night-time departures• Introduction of a noise and radar track monitoring system (at acost of £150,000)• Provision of a noise insulation scheme (some 2000 propertieshave been insulated to date)• Provision of annual noise contours• Commitment that the size of the Airport’s night-time noise contourshould not exceed that in 19964.16 Southampton International AirportSouthampton International Airport is five miles to the north east ofSouthampton and is in a semi rural location with suburban residential areas tothe south and commercial development on a major road close to southernrunway end. In 2004, the airport handled 1.5m passengers and 37,200 airtransport movements (ATMs).Southampton Airport’s noise control measures include:• Noise Preferential Routings, applicable to all aircraft with anMTOW of 5,700 kg or greater• Night-time movements restricted to a maximum of 10 per month ornot more than 100 in any 12 month period• Strict restrictions apply to engine ground running in accordancewith a Section 106 Agreement signed with Eastleigh BoroughCouncil. Approval for all engine ground running must be given bythe Airport Duty Manager and is subject to a limit of 3 hours perweek for all aircraft with a MTOW in excess of 15 tonnes.EU00142:FINAL REPORT PAGE 21

4.17 Teeside International AirportTeeside International Airport is six miles to the south east of Darlington and isset in a semi rural location. In 2004, the airport handled 0.8m passengers and10,400 air transport movements (ATMs).A relatively low number of local residents are affected by aircraft noise atTeeside Airport. Current noise control measures in place at the airportinclude:• Departure procedures to minimise noise disturbance• Use of a preferred runway (23) at night• Restrictions on training flights (eg circuit height)• Restrictions on engine ground running between 2300-0700EU00142:FINAL REPORT PAGE 22

5 KIA – Future Development and AirportBusiness Needs5.1 Future development of KIAKIA initially developed as a specialist freight airport, although the airporthandled some specialist passenger charters, predominantly to the FormerYugoslavia during the 1960s and 1970s. Specialist dedicated freighteroperations continue, although its main based airline, MK Airlines, moved to anew base at Ostend in Belgium in August 2004. There are still some ad-hocfreighter flights, mainly emergency relief and aircraft visiting the specialistmaintenance centre, Jet Support. KIA’s owner, Planestation, have however,stated that they intend to find another home-based freighter operator toreplace MK Airlines.Although KIA have attempted to attract passenger flights over the past fiveyears, until August 2004, this was mainly restricted to the occasional charterfor cruise liners sailing from Dover. In August 2004, however, a new low-costairline, EUjet, started operating from KIA to some 19 UK and Europeandestinations using Fokker F100 aircraft. Planestation subsequently acquired a60 percent shareholding in EUjet.Unlike other low-cost airlines (with the exception of Flybe), EUjet do not utiliseaircraft within the 140-180 seat range (eg B737/A319/A320), but insteaddeploy a fleet of Fokker F100 aircraft. These have a more limited range,seating capacity and cruising speed although, they may, in somecircumstances, be more commercially viable for certain routes. The feasibleflight schedules will be dependent on sector length and turnround times, buttypically three daily rotations to destinations in western Europe (eg southernSpain and Portugal) would require an initial departure ex-KIA in the earlymorning (0600-0700 hours) and a final return to base at between 2300-2400hours). Given the nature of the fleet and the typical sector lengths for many ofEUjet’s routes, it is difficult to avoid a number of arrival flights into KIA in thelate evening.5.2 Forecasted traffic growth and implications for aircraft noiseEUjet have stated that they expect to carry some 300,000 passengers throughKIA in its first year of operation. This is expected to rise to 2 millionpassengers per annum by the end of the third year of operation. Longer-termtraffic projections (eg in ‘Strategic Master Plan for the Development ofManston Airport’, Arthur D Little, March 2001) suggest that traffic might rise to3.5 million by 2010 and to 4.4 million by 2015. These longer-term projections,are however, beyond the scope of this particular exercise.We understand that the latest noise contours produced (Bickerdike AllenPartners – February/March 2002 – Appendix A) show daytime LAeq, 16 hrnoise contours for the Summer Periods 2000 and 2001 and the Annual Period26/9/00-26/9/01. These were based on the actual traffic mix (ATMs) duringthese periods. Forecasted noise contours were also prepared for Summer2005, based on the then-projected traffic mix of dedicated freighter aircraft andpassenger aircraft (2 mppa). The analysis was on a total of 14,880 ATMs, ofEU00142:FINAL REPORT PAGE 23

which 1,980 were by dedicated freighter aircraft (B747-200/DC8/IL76), 840 bylarger passenger aircraft (MD11 or equivalent), 2260 by B757/B767 (orequivalent) and 9,800 by B737 (or equivalent).Given the change in the actual traffic mix (eg a decline in the level ofdedicated freighters and an increase in the number of B737 movements), wesuggest that new contours should be prepared for 2004 (based on actual data)and for 2005, 2006 and 2007 (using the most recent traffic forecasts).In terms of night noise, it is possible to prepare LAeq 8 hour noise contoursover the period 2300-0700. However, as the normal procedure is to averageall aircraft movements over the full 8 hour period, this may not necessarilyreflect the intensity of noise during the periods 2300-2400 or 0600-0700. Abetter method of establishing noise disturbance levels is to prepare a singleevent 90 dBA SEL contour based on an arrival or departure aircraft. The 90dBA SEL contour is recognised as the threshold of those at risk from sleepdisturbance from aircraft. It is recommended that these SEL contours shouldbe established for a departure and arrival by a Fokker F100 aircraft (in bothrunway directions). These contours, together with an analysis of the numbersof households affected, should be used for further discussions on future noisecontrols.EU00142:FINAL REPORT PAGE 24

6 KIA - Existing Section 106 Agreement6.1 IntroductionThe following observations and recommendations relate to two documents:• Firstly the current Section 106 Agreement (Second Schedule)• Secondly a proposals for a night flying policy put forward byPlaneStation early in 2005It should be stressed that the current Section 106 Agreement was establishedwhen the airport was predominantly freight-orientated and must therefore beamended for the current low-cost passenger operations.6.2 Current Section 106 Agreement – Night flying policyWith very few exceptions, the majority of UK airports operate on a 24 hourbasis, albeit with night time flights being a small proportion of overall air trafficactivity.Paras 1.2 and 1.3 relate to the preparation of a Night Flying Policy at least sixmonths prior to the start of such operations. The present request for aprogramme of 16 regular weekly movements during the night time period ofSummer 2005 season, asks for an amendment to the S106 Agreement, whichneeds consideration. A S106 Agreement should be in a form that theprinciples and procedures are valid for a reasonable period, rather thansubject to regular variation to cover unanticipated activity. It is felt that, if theCouncil is so minded to agree the the current request, this should take theform of a separate agreement on a one-time basis to allow these specificflights, but that the S106 itself remain unaltered.Activity at KIA means it is not busy enough to be a Coordinated Airport, whereslot allocation is negotiated between airlines and airports on an internationalbasis. This is a twice yearly process that normally occurs some six monthsbefore the start of the effective season (summer/winter) of operation, althoughthe turbulent nature of the airline business involving Low Cost Carriers tendsto be more volatile in terms of more limited notice before introducing newservices.Para 1.4.1 considers exempting certain arrivals and departures between 06.00and 07.00hrs from night flying restrictions. It is not clear the number of flightsenvisaged during this period. Surveys and experience at other airports hasshown that 06.00 to 07.00hrs, of a 23.00 to 07.00 Night Period, can be asensitive period in terms of airport noise to nearby residents. At many airportsthis “shoulder period” is considered specifically (together with an “eveningshoulder period” of 23.00 to 23.30hrs), and restrictions on these shoulderperiods of activity may need to be introduced if noise disturbance is significantIn respect of exemptions for humanitarian flights, the airport should be obligedto inform, in advance, the Council and the surrounding communities of theprospect of such a night movement, as part of overall community relations. ItEU00142:FINAL REPORT PAGE 25

is unclear whether 12 landings and takeoffs (ie 24 movements) are meant byPara 1.4.2.In the past KIA has been an airport where major maintenance was carried outon older aircraft operated by countries outside of Europe and the US, wherenoise regulation is less demanding. Many of these aircraft fall into the Chapter2 classification, and cannot now be legally operated by western airlines. Ifhowever business opportunities still exist on KIA for such work, considerationmay need to be given to whether any such aircraft will be allowed to operateinto and from the airport in the future, even on a restricted basis, and whetherthe S106 should reflect this issue.Under penalties in Para 1.5.1, the recurring noise violations penalty isrestricted to the “same aircraft”, that is to say, an individual and specificaircraft. An airline may operate a number of different aircraft of similar typethroughout its service network, it is therefore suggested that the definitionshould be changed to cover cumulative violation repetitions by any aircraft ofthe same type operated by the same carrier.Reference is made in several paras to aircraft Quota Count (QC) scores.These stem from the nightflying movement and night quota system formallyoperated at the three Designated Airports (Heathrow, Gatwick, Stansted) andoperated on an informal basis at a number of other non-designated airports.The QC “score” is a shorthand for the degree of noise created by an aircraftfor both takeoff and landing. The QC is based on the Certified Noise Levelsas follows:Quota Count Scoring SystemCertified Noise Level (EPNdB)Quota CountMore Than 101.9 1699-101.9 896-98.9 493-95.9 290-92.9 1Less than 90 0.5Schedules giving the Quota Counts for each aircraft type, subtype and enginefit are published by the CAA as part of its Aeronautical Information Services(AIS).However this is only one part of a night flying restriction process that sets amaximum number to the actual movements (takeoffs or landings) allowedduring the night period, in addition to setting a maximum Quota Allowancebased on the noise of any movement. The limit to night time activity is whichever of these two elements reaches its limit first. It encourages the use atnight of the quieter aircraft (for example eight movements by QC0.5 aircraft“use up” the same Quota Allowance as a single movement by a QC4 aircraft).In considering a future Night Flying Policy the setting of both a limit to thenumber of movements and to a maximum quota allowance should beconsidered. The amount of quota can be set to ensure that a limited numberof night slots are used in the least intrusive way. Simply having a NightMovement limit alone does not have this incentive.EU00142:FINAL REPORT PAGE 26

6.3 General noise limitationsThe 1996 63dBA LAeq contour referred to in Para 2.1.1 was based onprevious aircraft movements by RAF jets. As no other noise contours wereavailable following transfer of the airport to civilian use, this was used as a‘worst case scenario’ in terms of limiting noise level exposure.As an alternative to the retrospective production of Noise Contours every twoyears, a future forecast contour for projected activity for some years ahead,2010 say, could be produced to assess in advance the likely scale of noisecontour and disturbance than could be expected.It is assumed the percentage increases in contour size referred to in Para 2.2on penalties are by measured area.6.4 Dwelling insulation schemeAs with the points made above in Section 2, the basis of the noise contourused is the concern. In the proposal the contour used will always beretrospective, whereas the creation of a set of future forecasts contours settingout the progression of the Insulation Scheme boundary over time wouldenable works to be implemented by the time the noise impact reached theaffected properties, rather than some time after.There is reference to an intention to “indicate….what level of noise retardationis to be achieved”. Noise insulation schemes have been carried at the majorLondon and regional airports for some 35 years. Any scheme of worksproposed for the KIA Noise Insulation Scheme should be comparable in scopeof works, scheme eligibility criteria and noise attenuation performance to thestandards set by these established schemes6.5 Preferred departure runwayThe use of a preferential takeoff direction away from major urban areas is tobe encouraged.It is noted that the airport has a target that runway 28 should be used for atleast 70% of all departures and for all night time passenger arrival flights,subject to aviation and safety reasons. These targets are, of course,dependent on the prevailing meteorological conditions (eg a maximum of a 5mph tail wind on the runway), although KIA’s long runway length does providean additional safety margin.There is no indication of any penalty that might be incurred if the proposedtarget is not achieved, taking into account circumstances outside the airport’scontrol. As a general point, it is felt that if a performance target is set there isa need for a matching penalty for non-compliance, otherwise the incentive ofthe target is lost. Should there be sound reasons why the current target forpreferential runway use cannot be achieved, then perhaps the target shouldbe revised to a more meaningful figure, but with penalties.EU00142:FINAL REPORT PAGE 27

There also needs to a clear and “auditable” process to assess the validity ofthe occasions when the use of a preferred runway is not possible because ofoperational limits, to remove any suspicion that the preferred use target is notbeing pursued.6.6 Noise abatement routesIt is assumed the National Air Traffic Service has approved the proceduresoutlined in Para 5.1.a/b/c.It is unclear why other elements of the planned noise abatement procedures,not set out in Para 5, cannot be provided “until two months of the date of theagreement” rather than be identified and incorporated within the Agreement.There is no indication of what penalties may be applied to airport or to theaircraft operators if these procedures are breached, to encourage futurecompliance.6.7 Noise monitoring terminalsThe provision of a more substantial Noise Monitoring System is fundamentalto the monitoring and regulation of the airport’s operation. On this basis, thereare some questions of the adequacy of an additional two Noise MonitoringTerminals (NMTs), as set out in Para 6.1.1, in achieving the necessarystandard of surveillance.In terms of the minimum provision for a first stage monitoring system, it issuggested that at each end of the runway three microphone NMTs beconsidered. These would all be located at the internationally recogniseddistance of 3.5 nautical miles/6.5 kilometres from the point at the oppositerunway end where takeoff is begun, to reflect the measurement locations usedin the standard ICAO/FAA Noise Certification process.One NMT should be placed along the extended centreline of the runway, withthe other two positioned some 1 to 1.5km either side of the centreline NMT atthe same 6.5 km distance from start of roll. This three NMT layout should berepeated for the other end of the runway for takeoffs or landings in the otherdirection. By providing the trio of NMT sensors the resulting noise readingsfrom these can be interpreted to establish a noise level due to the aircraftmovement, and also whether the aircraft has turned relative to the central andouter NMT locations. All readings are fed back to a central computer, andrecorded and stored for future reference for complaint or operationalpurposes.The present Kent International Airport system of a single fixed NMT on theextended centreline at each end of the runway, combined with a portabledevice, cannot be expected to obtain consistent and comprehensiveinformation on the Airport’s activities on a robust basis.A further stage of refinement to the basic two groups of three NMTs layoutdescribed would be to add to the basic system the SSR radar information, toprovide greater detail on each movement and a visual record of the flight path.EU00142:FINAL REPORT PAGE 28

Such additional investment would need to be programmed when airportactivity had grown beyond current levels to justify the expenditure.6.8 Pollution monitoringPollution monitoring schemes examining atmospheric pollutants andparticulates, together with surface water contamination, are established at anumber of UK airports. Any scheme introduced should reflect the acceptedmethods and standards of these schemes.6.9 Noise monitoringThe principle to set upper noise limits is accepted, and should apply to bothday and night periods.The value and success of a noise monitoring procedure will be dependant onthe quality of the monitoring system installed, as discussed above.It is unclear whether the 5% reduction target applies to measurement ofindividual noise events, or whether “average over the previous two years”applies to the area of a related noise contour for the period.6.10 Engine testingWhilst some adhoc engine testing may be required, Section 9.1 has no limit asto the duration of any testing, a sensitive issue especially during the lateevening period.Any proposal for a permanent location (Section 9.3) should include evidenceregarding noise levels created by the testing, and likely disturbance beyondthe airport boundary, particularly in any residential location. This noiseevaluation should also include examination of any alternative locations, andthe reasons for their rejection.6.11 Green travel strategyAll airports in England and Wales with annual air transport movements ofmore than 1,000 per year are required to prepare an Airport Surface AccessStrategy (ASAS) and set up an Air Transport Forum. The ASAS should setshort term and long term targets for decreasing the proportion of by car, andincreasing the proportion using public transport, for both passengers andairport workers. A Green Transport Plan (GTP) would be a subsequentproduct of the ASAS and the ATFThe reality is that the ATF is a monitoring, advisory and consultative body –not an executive body - whose key role is to assess the implementation of theASAS and recommend how it could adapt to respond to its original targets,and as time passes perhaps more stringently revise these targets, togetherwith agreeing the form and also monitoring the success- or otherwise - of theGTP. It is possible that an ATF, in its initial years, could be a specialistsubcommittee of the Airport Consultative Committee.EU00142:FINAL REPORT PAGE 29

As an initial action, Section 10.1 therefore should require the production of acomprehensive traffic and access strategy for at least a five year period, toinclude searching modal shift targets for passengers and employees, asrequired by the Department for Transport’s guidelines.With an ASAS established the additional impact of any unanticipateddevelopment would then need to be assessed as outlined in principle inSection 10.2Ideally the Airport ought to have submitted an ASAS by now, so that realisticand binding targets can be incorporated into the S.106 Agreement completion.This does not appear to be the current intention.6.12 Environmental StatementThe proposals in Section 11.1.1 and Section 11.1.2 are to firstly submit aMaster Plan, which would then be followed, after and interval, by anEnvironmental Statement (ES) based on the Master Plan.It is disappointing the neither of these items are available for evaluation priorthe completion of the S106 Agreement, although the willingness to proceedwith these is welcomed.The main concern is the separation of the Master Plan and the subsequentEnvironmental Statement, which is the primary means to assess the proposalsset out in the Master Pan. The submitted Master Plan should therefore beexpedited as quickly as possible, and should include the submission of theEnvironmental Statement at the same time. Surface access issues are alsovery relevant to this exercise, as raised in Section 10.On this basis, there is a pressing need to establish between KIA and theCouncil the Scoping process for the Environmental Statement, mentioned in11.2, in order to achieve a comprehensive picture of the airport’s ambitionsand the environmental and other operational issues that may result.6.13 PaymentsExperience at other UK airports is that the creation of some form of“Community Fund” financed by fines for non-compliance to operationalregulations has considerable benefits in demonstrating effective managementby the airport, and strong discipline of airport activities by the Council.Difficulties can arise from the exact terms of eligibility for fund grants, where akey issue for such community funds is to ensure that the allocation of thefunds demonstrably benefits those affected by the Airport’s activities. In thecontext of the legal test of whether an Obligation in a Section 106 was valid, itis necessary to show that the relationship between the benefit and the affectedrecipient was legitimate “planning gain”.EU00142:FINAL REPORT PAGE 30

6.14 Third partiesIt is important that the airport owner/manager ensures that the obligations andcommitments set out in any agreement are recognised and acknowledged byall organisations or parties based at or using the airport, nor simplyimplemented by the management company alone. Lease arrangements,involvement in Green Travel Plans and adherence to environmentalregulations, as examples, should be fundamental to the relationship betweenall those at the airport and in the surrounding communities.6.15 Airport Master PlanThe lack of a comprehensive Master Plan supported by environmental andtransport evaluations is a major issue at this point, in the process betweenKent International Airport and Thanet Council.At the larger UK airports, both in London and in the Regions, Governmentintroduced in July 2004 the DfT Guidance on the Preparation of Airport MarketPlanswhjich set out requirements for the submission and preparation ofMaster Plans looking some 25 years ahead, for agreement with nationalstrategy. There is the likelihood that Master Plans so approved could then beformally integrated in to the formal Development and Spatial Plans process.The criteria for this formal requirement is that the airports so designated havebeen identified in the White Paper for significant development, or are forecastto have a minimum of 20,000 Air Transport Movements in 2030. Without anyfirm long term forecasts for even the immediate future, it is difficult to estimatewhen KIA might achieve the latter criteria and so be formally required toformulate a Master Plan for DfT approval. However in view of the statedambitions of the airport, and the lack of any clear existing picture of growthplans for the airport, the early preparation of a Strategic Growth Plan thatfollows the principles within the DfT Guidance is considered essential.In respect of KIA, a Master Plan with a forward view of 30 years is unrealistic,although one giving a statement of intentions for the next 5 to 10 years is anurgently needed first step.Thereby, a clear picture would be set for the neighbouring communities, forsome time ahead, of the likely nature and extent of the airport’s operationsand ambitions. For the airport, there would be benefits from recognition aspart of the future formal landuse strategy for the area, which should easecertain problems of plan implementation that can be experienced at present.6.16 EnforcementTo properly manage noise and environmental matters related to the operationand future growth of the airport, it will be essential to have in place a rigorousand comprehensive monitoring process. This needs to be adequatelyresourced, in terms of equipment and staff, and have in place clear andmeasurable targets and standards which have been mutually agreed, withrelated penalties for non-compliance.EU00142:FINAL REPORT PAGE 31

Demonstrable monitoring and enforcement is essential, also, in regard to theconfidence within the surrounding communities that the airport’s activities aretaking place under the influence and control of the Council.6.17 Second Draft – Night Flying PolicyThe second draft derives from the requirement in the Second Schedule,addressed above, for the Airport to prepare a Night Flying Policy at least sixmonths ahead of start of any such operations. However for the Summerseason of 2005, on an exceptional basis, the Council agreed to the latesubmission of such proposals. The agreement by the Council to this latesubmission by PlaneStation in no way committed the Council that any furtherproposals for future periods would be accepted or agreed. The followingparagraphs review and comment on this Second Draft.6.18 Purpose of Night Flying PolicyThe requirement for night time movements results from the schedulingproblems that EUjet, as a new airline, has experienced in obtaining departureslots from continental airports that allow a takeoff time sufficiently early for theaircraft to arrive at KIA before the start of the Night Time Period. It would beexpected that in future years the airline will be able to become involved in theinternational process whereby slots at airports worldwide are bid for againstother airlines, and therefore anticipate obtaining more favourable departureslot timings to satisfy restrictions at KIA.6.19 Aircraft TypeThe EUjet fleet of Fokker F100 aircraft are Noise Score QC 0.5. Howevermaintenance and other operational issues with these aircraft may require theairline to hire replacement aircraft in order to carry out its services. Theseaircraft could be of other types, such as the Boeing 737. Depending on thespecific model, of the 737 for example, some earlier versions do not satisfyQC 0.5 criteria, whilst newer versions can. Therefore, should suchsubstitution occur, evidence must be provided on each occasion of the specificaircraft and its sub-type used in order to verify the QC Rating with thepublished CAA Schedule of Aircraft.6.20 Landing Direction and RouteAs addressed above in principle in Section 6.5, any non compliance to thedesired policy of all night landings all being from the West on Runway 10 mustbe justified with appropriate data.6.21 Monitoring and ReportingThe process of regular and early reporting set out in Section 6.1 is to beencouraged.In Section 6.2, whilst the reporting of the individual maximum noise level isuseful, it is unclear how this will be achieved with the current and any futuremonitoring procedures on a consistent basis. Neither is it clear how “nightEU00142:FINAL REPORT PAGE 32

time noise contours” will be calculated, nor on what basis – each aircraft, eachnight, per week or per month of the reporting period.6.22 PenaltiesThe reference to “aircraft not scheduled” in Section 7.1 does not state whetherthis applies only to scheduled passenger services, or would also apply toregular scheduled activity by freight aircraft.The question of substitute non QC0.5 aircraft is referred to in Section 6.19above.6.23 SummaryThe Second Draft in conjunction with the earlier Second Schedule go someway towards establishing and defining a night Flying Policy that could beimplemented for operations at KIA.As discussed, however, there are still a considerable number of questions tobe answered, particularly in respect of the capability of available monitoringresources to be able to correctly and consistently provide an accurate pictureof the environmental noise nuisance in the vicinity of the Airport.The continuing lack of information on future activity levels and marketforecasts is considered a major problem, since these are needed to properlyevaluate the longer term environmental situation that is essential in order tofully judge the Airport’s ambitions.EU00142:FINAL REPORT PAGE 33

7 Review of Section 106 Agreements atother UK Airports7.1 Birmingham International AirportA Section 106 Agreement was implemented in July 1996 between BirminghamInternational Airport Ltd and the Metropolitan Borough of Solihull as acondition of approval of planning permission for expanding passenger terminalfacilities at the airport.The Agreement contained the following schedules:• Schedule 1 (Land Use/Planning)• Schedule 2 (Surface Transport)• Schedule 3 (Highways and Drainage Works)• Schedule 4 (Noise Control)• Schedule 5 (Night Flying)• Schedule 6 (Air Quality)• Schedule 7 (Air Traffic)• Schedule 8 (Community Benefits and EnvironmentalImprovements)Schedule 1 is primarily concerned with the conditions attached to the terminaldevelopment, the compulsory purchase of residential properties and theconsultation process with local residents.Schedule 2 sets out obligations for the airport to prepare a public transportplan and a multi-modal interchange study to promote the increased use ofpublic transport to and from the airport. A public transport modal share of 20%is targeted by the end of 2005. Under the Agreement, the airport is obliged tocommit an agreed sum to promote projects contributing towards the increaseduse of public transport to and from the airport.Schedule 3 sets out the airport’s financial obligations in relation to theconstruction of a new access road to the terminal development andimprovements to the local road network, including the widening of the A45.Schedule 4 gives the airport’s obligations concerning noise control. Thisincludes a noise insulation scheme for eligible residential properties andschools (provided to over 7000 local homes) and provides details of the noisemonitoring and complaints system and restrictions on engine testing. (Adaytime noise limit of 92 dB(A) at the noise monitors positioned 6.5 km fromstart of roll was introduced in January 2003. For each infringement, there is afine of £500 plus a further £150 for each decibel recorded over 92 dB(A), withall funds generated placed into a Community Trust Fund).Schedule 5 covers the agreement on night flying. The original Section 106included a Quota Count system and a night violation and charges system.This has been subsequently upgraded and now also includes a strict aircraftmovement limit between 2300-0600, split by season (24% winter and 76%summer). From 2005 onwards, this limit will be 5% of total movements in theEU00142:FINAL REPORT PAGE 34

previous financial year. An annual Quota Count of 4,000 applies and aircraftwith a noise quota value greater than 4 are not allowed to operate during thenight period. Other controls include a night noise limit of 87 dB(A), withinfringements surcharged by a fine equivalent to the full runway charge.There are also constraints on the use of specific runways and restrictions onthe use of certain aircraft stands to protect local residents from ground noise.Schedule 6 gives details of a diffusion tube and an ambient air qualitymonitoring system to provide measurements of emissions attributable for theoperations of the airport. The airport is obliged to make a financialcontribution for an annual air quality survey (up to a maximum of £100,000)and to take appropriate measures if this falls below the minimum standard setby the World Health Organisation, the European Union or the HMGovernment’s expert advisory panel on air quality standards (EPAQS).Schedule 7 sets out the airport’s obligations in establishing noise preferentialroutes following public consultation. The airport is required to monitor trackkeepingand publish a report on airline performance at least quarterly. Alldeviations more than 1.5 kilometres from the centreline of the standardinstrument departure (SID) route at a height of less than 3000 feet should bebought to the attention of the aircraft operator.Schedule 8 provides details of the Community Trust Fund referred to above.The objectives of the fund as to enhance the natural and built environment inthe area affected by the airport, including the provision of recreational, leisureand educational facilities. Under the Section 106 Agreement for the newterminal development, the airport is obliged to contribute £50,000 per annumtowards this fund, together with all income from surcharges raised from theviolation of the day and night flying policies.7.2 London City AirportPlanning permission was granted in July 1998 for an increase in Air TransportMovements at London City Airport subject to Section 106 Agreement betweenNewham Council and the Airport. This covered a range of environmentalprotection issues (including noise and air quality), surface access andjobs/training matters. Under Clause 7.7, the Airport was required to submit anew and extended Noise Management Scheme for approval by the Council,following consultation with the Airport Consultative Committee.The key elements of the Noise Management Scheme include:• Airport and airline operator awareness (through theappointment of a specialist airport environmental officer and anairline air safety committee)• Provision of a combined noise monitoring and track-keepingsystem (with four recording positions). The system is to beregularly calibrated and maintained and, in the case of failure,additional back-up equipment is to be kept by the Airport• Preparation of noise contours (57 dB LAeq 16hour) based onactual noise trials of aircraft operated at London City Airport• Limitations on the use of noisier aircraft types (up to 94.5PNdB)EU00142:FINAL REPORT PAGE 35

• Limitations on the number of annual and daily ATMs and theuse of a factored movement system based on aircraft typenoise levels (similar to a Quota Count). The factoredmovements should not exceed specified annual or weeklylimits• Limitations on the use of engine ground running and auxiliarypower units (APUs). The limit on engine ground running is setas the equivalent of 60 dB LAeq, T (where T is any period of12 hours) free field as measured outside and at one metrefrom any existing residential premises in the vicinity of theairport• Provision of soundproofing to local homes and schools• Stipulation against the excessive use of reverse thrust onarrival without the clear need to do so• A system of penalties to airline operators for noisy departures(in excess of the maximum dB limit), for the use of reversethrust on arrival and for exceptional deviation from track.Conversely a credit (or bonus point) to be awarded for quietdeparturesIn terms of air quality, the Section 106 Agreement requires the installation ofair quality monitoring equipment near a local school to measure fineparticulates (PM 10 ) and nitrogen dioxide (NO 2 ). An annual report is to besubmitted annual to the Council and the Airport Consultative Committee.7.3 Manchester International AirportManchester Airport PLC signed a Section 106 Agreement jointly with CheshireCounty Council and Manchester City Council in August 1994. The Agreementrelated to the development of a second runway at the airport.The main schedules of the Agreement cover:• Community Obligations (Sound Insulation Grant Schemeand Community Trust Scheme)• Noise Control (Impact, Noise Monitoring and Track-keeping,Aircraft Operations Policy, Runway Utilisation, EngineTesting)• Night Flying (including a Quota Count)• Environmental Mitigation Works• Highway Improvements• Public Transport Improvements (including extension of theMetrolink and schemes to promote public transport accessby passenger and airport employees)The Community Obligations cover the provision of a Sound Insulation GrantScheme to domestic properties within the 62 LAeq (24 hour) contour. This isto be reviewed annually. A Community Trust Fund is to be established by theAirport Company with an annual budget of £100,000 plus aircraft noisepenalties. This will provide expenditure on schemes for environmentalimprovement within areas directly or indirectly affected by the airport’soperations.EU00142:FINAL REPORT PAGE 36

The Noise Control measures include provision that the noise impact of theairport’s operations should be no worse than that measured in 1992. Thisobligation extends to at least 2011. The noise impact is measure in terms ofthe maximum noise levels of departing traffic (average of the noisiest 10% ofmovements) and the modelled area of the 60 LAeq (0700-2300) noisecontour. If either of these is greater than the equivalent areas in 1992, theAirport is in breach of this obligation. The Airport is required to maintain anoise monitoring and track-keeping system and provide annual noise contoursfor the preceeding year and for the next two years. Noise monitoring andcommunity complaints reports are to be published monthly. Other objectivesinclude a commitment that 96% of total scheduled operations should be byChapter 3 aircraft by 2000. Further obligations include limitations on nighttime engine running, a target to increase use of fixed electrical power unitsand noise track-keeping targets of a 5% (1.5 km) deviation from the centrelineof the standard instrument departure routings.Night flying controls are similar to that of daytime flying (eg no expansion ofmaximum noise levels of departing traffic or the 60 LAeq night noise contour.Maximum night time movement limits and a Quota Count system are applied.Night flights must not exceed a maximum of 7% of total movements until atleast 2011 – whilst the annual Quota Count (Points Budget) is 3900 (Winter)and 8750 (Summer) up to 2005. Further restrictions apply to the use of thesecond runway at night and to the use of reverse thrust.The environmental mitigation works relate to a package of measures tominimise the impact of the second runway on landscape and ecologicalinterests. This includes protection for local wildlife including newts and otheramphibians, bats and badgers, as well as general landscaping.The Airport’s obligations towards highways and local public transport linksinclude financial contributions to specified schemes and the active promotionof public transport by the commitment of not less than 10% of the airport’smarketing budget towards this objective. Targets for the use of publictransport and car sharing schemes by airport staff are also to be established.EU00142:FINAL REPORT PAGE 37

Appendix A1Current KIA Section 106 AgreementMain (Second) ScheduleEU00142:FINAL REPORT PAGE 38

SECOND SCHEDULEThis schedule sets out the obligations of the Owner and the Council1. Night-time Flying Noise Policy1.1 The Owner agrees not to cause suffer or permit any Regular Night FlyingOperations at any time (subject to paragraph 1.4 below) before a Night-time FlyingNoise Policy shall have been prepared and a copy lodged with the Council.1.2 The Owner will prepare the Night-time Flying Noise Policy at least six monthsbefore the commencement of any Regular Night Flying Operations after consultingwith the Council in accordance with paragraph 1.3 below. The policy willspecifically address the following matters:1.2.1 the restriction on those aircraft likely to cause unacceptable disturbance,such that no aircraft with a noise classification in excess of Quota Count 4shall be permitted to take off or to land during Night-time1.2.2 a process for the sharing of data on details of aircraft operating duringNight-time; and1.2.3 the embodiment of the principles of UK best practice at the time and theappropriateness of those principles to prevailing local conditions1.3 The consultation process shall include providing all relevant information to theCouncil and affording an adequate period within which the Council may considerthe issues arising and formulate its views which shall be taken into account by theOwner and due weight given to such views; in the event that the Owner does notpropose to accept the views of the Council in formulating its policy it shall firstprovide to the Council a reasoned justification and shall take into account and givedue weight to such further views of the Council as may be expressed1.4 The Owner shall not be obliged to prepare a Night-time Flying Noise Policy whereFlight Movements during Night-time will involve:PWB/wAgreement/h.CAS/HW/VJN - 1 - 16 August 2000

1.4.1 departures to European destinations or arrivals from North America bysolely passenger carrying aircraft scheduled to occur between 0600 and0700 on any day where the aircraft involved in the operation have a noiseclassification of Quota Count 4 or less; or1.4.2 humanitarian mercy or emergency flights by relief organisations on notmore than 12 occasions during any calendar year1.5 The Owner will:1.5.1 (and whether or not a Night-time Flying Noise Policy has been prepared butsubject to paragraph 1.6 below) pay £1,000 for the first occasion when anaircraft with a noise classification in excess of Quota Count 4 undertakes aFlight Movement during Night-time and during the following twelvecalendar months to pay an amount increased by a factor of two for eachsuccessive occasion by the same aircraft (namely £2,000 for the secondoccasion £4,000 for the third occasion £8,000 for the fourth occasion and soon) and at the end of such twelve month period the payments shall recommenceat the level of £1,000 and a further period of twelve months asaforesaid shall follow and such increasing payments shall be made1.5.2 not cause suffer or permit any training flights during Night-time by any jetor large aircraft (being an aircraft with a maximum take-off weight inexcess of 5700 kg) and to pay £10,000 for each and every occasion when acontravention occurs1.6 The Owner shall be under no obligation to make any payment under paragraph1.5.1 above where the Flight Movement concerns the type of flight referred to inparagraph 1.4.2 above and whether or not the aircraft had a noise classification inexcess of Quota Count 42. General Noise Limitations2.1 The Owner with a view to ensuring that the operation of aircraft shall cause theleast disturbance by reason of noise will:PWB/wAgreement/h.CAS/HW/VJN - 2 - 16 August 2000

2.1.1 ensure that the number of Flight Movements during the first 12 monthsfollowing the date of this Agreement shall not result in any expansion of the1996 63dBLAeq (16-hour 0700 - 2300 hours) contour as identified on Plan3; and2.1.2 within 12 months of the date of this Agreement and again between 21 and24 months of the date of this Agreement submit to the Council a 63dBLAeq(16-hour 0700 - 2300 hours) noise contour map for the Airport based on theprevious 12 months of airport operations, which will have been produced byan independent and appropriately qualified consultant using ANCON orINM models (or agreed alternatives)2.2 If the Owner fails to comply with any obligation in paragraph 2.1 above by theappropriate date or in the event that the 63dBLAeq (16-hour) contour so producedhas expanded beyond the same contour produced in 1996 as identified on Plan 3but not by more than 5% the Owner shall pay a sum of £10,000 and if by more than5% but not by more than 10% the Owner shall pay a sum of £40,000 and if bymore than 10% the Owner shall pay a sum of £100,0003. Dwelling Insulation SchemeThe Owner will within 24 months of the date of this Agreement submit to the Council adetailed scheme for noise insulation of dwellings that fall within the 63dBLAeq (16-hour0700 - 2300 hours) contour for the Airport. The contour shall be calculated on actualFlight Movements during the previous 12-month period and annually re-calculated interms of any potential extensions of the scheme. The scheme of noise insulationsubmitted will indicate to the Council what level of noise retardation is to be achievedand over what periodPWB/wAgreement/h.CAS/HW/VJN - 3 - 16 August 2000

4. Preferred Departure RunwayThe Owner will:4.1 adopt the use of runway 28 as the preferred departure runway and will use itsreasonable endeavours to achieve a target of seventy per cent (70%) of alldepartures on that runway subject to safety requirements at all times and to airtraffic and weather requirements; and4.2 supply data on runway departure usage to the Council and MACC on a monthlybasis5. Noise Abatement RoutesThe Owner will:5.1 within two months from the date of this Agreement submit to the Council details ofthe noise abatement measures it will require (subject to safety requirements at alltimes) operators of jet and large aircraft (any aircraft with a maximum take-offweight in excess of 5700Kg) to use which will include the requirements that:(a)(b)(c)(d)when departing to the west (runway 28) on achieving 1.5 miles DME(airport distance measuring equipment) make a right turn to the north westonto heading 300º and to climb to a height of 3000 feet, before setting analternative coursenot to descend below 1500 feet when carrying out circuits until enteringfinal approach to the runway;to endeavour to fly over the sea when operating on the northern circuit,which shall be at least 3 nautical miles from the centre point of the runway,except when using the noise abatement take off route or when entering thefinal approach to the runway; andto endeavour when operating on the southern circuit to keep north of andclear of the town of SandwichPWB/wAgreement/h.CAS/HW/VJN - 4 - 16 August 2000

5.2 submit to the Council and to MACC a monthly list of all breaches identified by theOwner of the noise abatement measures referred to in 5.16. Noise Monitoring Terminals6.1 The Owner will:6.1.1 within nine months from the date of this Agreement (subject to first beingable to acquire any third party land and obtain any planning permissionrequired for which he will use all reasonable endeavour to achieve) install atleast two Noise Monitoring Terminals which shall have been agreed by anindependent aviation acoustic consultant having regard to the guidelines laiddown by the International Civil Aviation Organisation;6.1.2 calibrate and maintain the Noise Monitoring Terminals in accordance withmanufacturer’s instructions;6.1.3 provide the results of the noise monitoring to the Council and MACC on amonthly basis; and6.1.4 within nine months from the date of this Agreement provide for use by theCouncil a digital audio tape recorder with a type 1 front end with a remotehandset controller for recording which complies fully with all appropriateBritish Standards/Codes of Practice for use in domestic and educationalproperties and thereafter be responsible for both repair and replacement ofthe unit6.2 The Council will on receipt of the portable noise monitoring unit supplied by theOwner assume responsibility for maintenance and calibration of the unit and keepthe unit suitably and adequately insured with a reputable insurer for its replacementvalue in the event of loss damage and third party claims7. Pollution MonitoringThe Owner will:7.1 within nine months from the date of this Agreement (subject to first being able toacquire any third party land and obtain any planning permission required andPWB/wAgreement/h.CAS/HW/VJN - 5 - 16 August 2000

having used all reasonably endeavours to achieve such) install not less than threepassive atmospheric pollution monitoring tubes at such locations as the Owner(using a best practice policy) may determine;7.2 the pollutants to be monitored at each site will be determined by the Owner inconsultation with the Council and in accordance with any good practice policyadvised by the Department of Trade and Industry; and7.3 provide the results of the pollution monitoring to the Council and MACC on amonthly basis8. Noise MonitoringThe Owner will:8.1 by 1st April 2002 or having carried out twelve months of noise monitoring at theAirport agree with the Council new maximum noise levels for aircraft movementswhich will produce a significant reduction in the noise impact for individualaircraft over the previous two years of operation and which in no circumstanceswill be less than a 5% reduction over the average of the previous two years.Failure to agree on a suitable reduction level will result in the matter of a suitablereduction level being put to a mutually agreed and independent expert in aviationmatters, or in the event of failure to agree within one month he shall be appointedby the President of the Institute of Vibration and Acoustic Engineers. The expertwill decide the appropriate level of reduction suitable for the Airport by referenceto the levels of individual aircraft noise acceptable at one or more comparableairports, judged to be comparable by reference to the characteristics of operationand geographic proximity to urban areas. The expert will act as an expert and notas an arbitrator and shall be entitled to rely on his own judgement and opinion. Heshall afford the Parties a reasonable opportunity to submit both representations andcounter-representations to him and shall consider all of the same. He shall give tothe Parties written notice of his determination (within 25 working days aftercounter-representations) (if any) and his decision shall be binding on both Partiesto the Agreement in respect of the level of reduction to be achieved; andPWB/wAgreement/h.CAS/HW/VJN - 6 - 16 August 2000

8.2 on and after 1st April 2002 pay the sum of £500 per aircraft exceeding the agreedor imposed maximum noise level referred to in 8.1 and for every 1 decibel (dB)above the agreed base level the additional sum of £5009. Engine TestingThe Owner agrees:9.1 that no Engine Testing (other than for emergency purposes which shall in any casenot exceed five separate occurrences in any calendar year) shall occur within theProperty between 2300 - 0800 hours. Between 2100 - 2300 hours the number ofoccurrences of Engine Testing (whether for emergency purposes or otherwise)shall not exceed 10 separate occurrences in any calendar year. For everyoccurrence of Engine Testing above these limits the Owner will pay the sum of£1,000. For the purposes of this provision “emergency” shall be taken to refer toany occurrence or circumstances not reasonably foreseeable;9.2 within six months from the date of this Agreement to submit to the Council aproposal for the location of an Engine Testing Area located in such a position as tominimise potential noise disturbance;9.3 thereafter to be restricted to this defined location and that:(a)(b)(c)(d)no continuous Engine Testing will exceed a period of sixty minutes durationand that a break of a period at least equal to the period of any Engine Testingshall be allowed after any Engine Testing before any further Engine Testingtakes place;Engine Testing will be restricted to 0800 - 2100 hours (other than in thecircumstances referred to in 9.1 above);the alignment of any aircraft on which engines are being tested will be suchas to project the noise envelope over the maximum airport area; andthe cumulative effect of Engine Testing will be restricted to ensure that the13-hour noise level around the Airport does not increase by more than 1dB(as determined by benchmark background noise measurement)PWB/wAgreement/h.CAS/HW/VJN - 7 - 16 August 2000

9.4 Not knowingly to permit any aircraft to land at the Property for the purpose of anyEngine Testing on any land adjoining the Property except in accordance with theterms of paragraph 9.10. Green Travel StrategyThe Owner will:10.1 within one month from the date of this Agreement appoint a recognised and agreedTraffic Consultant to produce a Green Travel Strategy for the development of theAirport for a period of at least five years and ensure that the draft strategy issubmitted to the Council for agreement within three months of the consultant beingappointed. The draft strategy will address how the Owner its tenants and licenseeswill take steps to encourage employees working within the airport boundaries, andvisitors to the Airport, to travel by means other than the private car. In the event offailure to agree within one month the Traffic Consultant shall be appointed by thePresident of the Institute of Highway and Transportation Engineers on applicationby either the Council or the Owner10.2 ensure that each application for planning permission, or each consultationsubmitted to the Council in accordance with the GPDO for new developmentproposals within the Property shall be accompanied by a Green Travel Plan relatedto the development proposal which will indicate how the proposal accords with theGreen Travel Strategy referred to in 10.1 above11. Environmental Statement11.1 The Owner will:11.1.1 within six months of the date of this Agreement submit to the Council theMaster Plan11.1.2 within a further period of six months from the date of submission of theMaster Plan and based on the information contained in the Master Plansubmit an Environmental Statement for consideration by the CouncilPWB/wAgreement/h.CAS/HW/VJN - 8 - 16 August 2000

11.2 Prior to and in sufficient time to enable the Owner to comply with the obligation inparagraph 11.1.2 apply to the Council for a Scoping Opinion11.3 The Environmental Statement shall be prepared by an independent recognisedenvironmental consultant whose appointment and terms of reference have firstbeen agreed in writing with the Council. In the event of failure to agree within onemonth the consultant shall be appointed by the President of the Royal TownPlanning Institute on application by either the Council or the Owner12. Payments12.1 The references in paragraphs 1, 2, 8 and 9 of this Schedule to any sums of moneyto be paid by the Owner shall mean an obligation for the Owner to pay such sumsto a fund to be called MAEIF within one month of the occurrence in question.12.2 If MACC shall have been constituted as a charitable or other trust and shalladminister MAEIF the same shall be expended at the discretion of such trust.12.3 If MACC does not become so constituted or fails to administer MAEIF paymentsshall be made to the Council and may be expended by the Council in consultationwith MACC (or in the event that the same or any trust formed ceases to exist orfails to respond to any requests for consultation then at the discretion of theCouncil after consultation with the Owner) for the purposes of environmentalimprovements for the general public good in the vicinity of the Airport (but outsidethe perimeter of the Airport). In the event that no expenditure within the vicinityof the Airport is considered appropriate any balance of funds may be expended onsimilar environmental improvements for the general public good.13. Third PartiesTo use such controls rights or other measure available to the Owner (whether arising byway of contract statutory power or otherwise) to ensure so far as reasonably possible thatno person (whether having a legal interest in the Property or any part thereof or not) shalluse any part of the Airport in a way which would be a breach of the terms of thisAgreement.PWB/wAgreement/h.CAS/HW/VJN - 9 - 16 August 2000

IN WITNESS whereof the Parties have executed this Agreement as a Deed in the mannerhereinafter appearingTHE COMMON SEAL of THANET )DISTRICT COUNCIL was hereunto )affixed in the presence of: )EXECUTED AS A DEED by KENT )INTERNATIONAL AIRPORT plc )acting by: )Director:Director/Secretary:PWB/wAgreement/h.CAS/HW/VJN - 10 - 16 August 2000

PWB/wAgreement/h.CAS/HW/VJN - 11 - 16 August 2000

Appendix A2Planestation’s Proposals re: Night Flying Policy

KENT INTERNATIONAL AIRPORT – MANSTONNIGHT-FLYING POLICY1.0 Introduction1.1 This night time flying policy is agreed between the Airport Owner and ThanetDistrict Council (the Planning Authority) within the framework of the Section106 Agreement already in existence between the two parties and extended bymutual agreement pending public engagement and negotiation of a successoragreement.1.2 The Second Schedule of the existing Section 106 Agreement, paragraph 1.2,requires that the Owner will prepare the night-flying policy at least six monthsbefore the commencing of any regular night flying operators after consultingwith the Council in accordance with processes set out in 1.3 of the schedule.On an exceptional basis it has not been possible to comply with thisrequirement. But this exception cannot be taken as an indication that anyfurther applications from the airport owner will be either considered, oraccepted.1.3 From January 2005 onward, the Section 106 Agreement between the Ownerand the Council will be the subject of public engagement. This night flyingpolicy, being set within the Agreement, will be subject to consultation duringthat period of public engagement.2.0 Purpose of the Night-Flying Policy2.1 The policy recognises the business need for the Owner to be permitted toland seven passenger aircraft per week between the hours of 2300 and 2400hours, and four passenger aircraft per week between the hours of 2400 and0100 hours.2.2 Adverse environmental impact, in particular noise, will be reduced, controlledand monitored via the content of this policy.3.0 Period of PolicyC:\Documents and Settings\Peter Forbes\Local Settings\Temporary Internet Files\Content.IE5\6JYLAZOX\KIA-Nighttime Policy.doc

3.1 The policy will apply only, for the period between 1 April and 30 September2005.4.0 Aircraft Type, and Timetable4.1 The scheduled flights listed at Schedule 1 from the Summer 2005 Timetable,will be the only night time flights permitted within the terms of this policy.4.2 Only passenger aircraft of Quota Count (QC) 0.5, from within the EU jet fleetwill be permitted to land during night time hours within the terms of this policy.4.3 No substitute aircraft, whether scheduled or not, may land within the nighttime period unless previously agreed with the Planning Authority. And anysubstitute aircraft will only be permitted with a QC Count of 0.5 or less.4.4 Any scheduled night time passenger flights arriving more than 30 minuteslater than scheduled will be reported in accordance with Section 6 of thepolicy.5.0 Landing Direction and Route5.1 All 11 night time passenger arrival flights must land from the west ie runway28. It is anticipated by the Council that during the summer monthsmeteorological conditions will be such that this can be achieved. Anyexceptions will be for aviation and safety reasons and these must be recordedand reported in accordance with Section 6 of the policy. Night timepassenger flights arriving will adhere to routes as set out in the existingSection 106 Agreement.6.0 Monitoring and Penalties6.1 Any aircraft landing from the east, will be reported, in a format to be agreed,to the Council within one working day. Comprehensive detail, includingbackup data on weather conditions, aviation factors etc will be reported.C:\Documents and Settings\Peter Forbes\Local Settings\Temporary Internet Files\Content.IE5\6JYLAZOX\KIA-Nighttime Policy.doc

6.2 Any night time passenger arrivals, arriving more than 30 minutes outsideschedule, will be reported, in a format to be agreed, to the Council within oneworking day – along with reasons for late arrival.6.3 Any passenger flights, not scheduled, and included within the scheduleattached to this policy, regardless of Quota Count, will be subject to fine onthe scale attached to the existing Section 106 Agreement between the Ownerand Council.6.4 A monitoring programme will be designed, implemented and reported –conducted by the Owner but in liaison with the Council. The programme,having regard to the significance of night time flying will include appropriatemonitoring within residential properties and will as appropriate crossreference to the existing Dwelling Insulation Scheme.6.5 Such noise monitoring reports obtained from implementation of 6.4 above willbe carried forward and included in the comprehensive approach to theEnvironmental Statement in the successive Section 106 Agreement.Schedule 1From PlanestationC:\Documents and Settings\Peter Forbes\Local Settings\Temporary Internet Files\Content.IE5\6JYLAZOX\KIA-Nighttime Policy.doc

Appendix B1KIA 57-72 dBA Leq 16 hour contours – 1996EU00142:FINAL REPORT PAGE 34

Appendix B2KIA 54-72 dBA Leq 16 hour contoursSummer 2000EU00142:FINAL REPORT PAGE 35

Appendix B3KIA 54-72 dBA Leq 16 hour contoursSummer 2001EU00142:FINAL REPORT PAGE 36

Appendix B4KIA 54-72 dBA Leq 16 hour contoursAnnual Period – 26/9/00 to 26/09/01EU00142:FINAL REPORT PAGE 37

Appendix A5KIA 54-72 dBA Leq 16 hour contoursSummer 2005EU00142:FINAL REPORT PAGE 38

Delta House175-177 Borough High StreetLondon SE1 1HRTel: 020 7939 9938Fax: 020 7939 9901Email: info@alanstratford.co.ukWeb: www.alanstratford.co.uk