Citation, commencement and extent
1.—(1) These Regulations may be cited as the Airports (Noise-related Operating Restrictions) (England and Wales) Regulations 2018 and come into force on 23rd July 2018.
(2) These Regulations extend to England and Wales.
Interpretation
2. In these Regulations—
“the 2014 Regulation” means Regulation (EU) No 598/2014 of the European Parliament and of the Council of 16th April 2014 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Union airports within a Balanced Approach(1) and repealing Directive 2002/30/EC(2);
“aircraft” has the same meaning as in Article 2(1) (definitions) of the 2014 Regulation;
“airport” means an airport which—
is in England or Wales, and
has more than 50,000 civil aircraft movements per calendar year, on the basis of the average number of movements in the last three calendar years before the last assessment of the noise situation at that airport was carried out in accordance with the Environmental Noise (England) Regulations 2006(3) or, as the case may be, the Environmental Noise (Wales) Regulations 2006(4);
“airport operator” means, in relation to a particular airport, the person for the time being having management of that airport;
“movement” means either a take-off or a landing;
“operating restriction” has the same meaning as in Article 2(6) of the 2014 Regulation.
Competent authority: Town and Country Planning Act 1990
3.—(1) Except in the circumstances specified in paragraph (2), the local planning authority is the competent authority for the purposes of the 2014 Regulation in relation to—
(a)a proposal for it to impose, modify or discharge an operating restriction under the 1990 Act;
(b)an operating restriction imposed or modified under the 1990 Act.
(2) The circumstances specified are when any of the matters referred to in sub-paragraph (a) or (b) of paragraph (1) are considered by virtue of—
(a)an application referred to the Secretary of State or the Welsh Ministers(5) under section 77(6) of the 1990 Act; or
(b)an appeal to the Secretary of State or the Welsh Ministers under section 78(7), 106B(8) or 174(9) of the 1990 Act.
(3) Where an application or appeal mentioned in paragraph (2) is considered by the Secretary of State or, as the case may be, the Welsh Ministers, the Secretary of State or, as the case may be, the Welsh Ministers are the competent authority for the purposes of the 2014 Regulation, in relation to those matters which are subject to the application or appeal.
(4) In this regulation—
“the 1990 Act” means the Town and Country Planning Act 1990(10);
“local planning authority” has the same meaning as in Part 1 of the 1990 Act.
Competent authority: Planning Act 2008
4.—(1) Subject to paragraph (2), the relevant local planning authority is the competent authority for the purposes of Article 6(3) of the 2014 Regulation (follow up and monitoring of operating restrictions) in relation to any operating restriction imposed by, or provided for in, an order granting development consent under section 114 of the Planning Act 2008(11).
(2) Paragraph (1) does not apply where the Secretary of State has by notice directed that the Secretary of State is to be the competent authority for the purposes referred to in that paragraph.
(3) A notice under paragraph (2) must be—
(a)in writing,
(b)published in a way that the Secretary of State thinks appropriate, and
(c)served by post on the relevant local planning authority and the airport operator concerned.
(4) In this regulation, “relevant local planning authority” has the same meaning as in section 173 of the Planning Act 2008.
Competent authority: Secretary of State
5. In any other case not covered by regulation 3 or 4, the Secretary of State is the competent authority for the purposes of the 2014 Regulation.
Provision of information
6. An airport operator must provide a competent authority with such information in relation to an airport managed by that operator as the authority may require to enable it to carry out its functions under the 2014 Regulation.
Revocation
7. The Aerodromes (Noise Restrictions) (Rules and Procedures) Regulations 2003(12) are revoked in relation to England and Wales.
Signed by authority of the Secretary of State for Transport
Sugg
Parliamentary Under Secretary of State
Department for Transport
27th June 2018