Quick question

A reader writes:

Have recently become more involved in NNF's campaign. Much to digest and eventually understand. Have emailed Manston, MP/councillors about recent flights - as per your website advice.

What I don't quite understand at the moment is - when flights do come over during the restricted hours - who/which organisation has responsibility to decide if they are operating outside of the current agreement/legislation and then who/what organisation then places fines etc onto Infratil?

Thank you for your time.

SM

Hmmm... good questions, which highlight the shortcomings of the current S106 agreement between the Council and the airport.

The agreement explicitly forbids scheduled night flights, using the following definition:

"regular night flying operations" means flight movements which are scheduled or programmed and which occur frequently or regularly to the same or similar pattern for the same operator during night-time.

The problem is that it is down to the airport to decide (or admit) whether a flight is scheduled or not, and self-regulation is a notoriously bad way to run anything.

Flights that are not scheduled, but arrive during the restricted hours, are only fined if they exceed a certain noise threshold. The flight arrived at 3:30 AM on 9 December, for example, was rated as QC2 and will not attract a fine. The next level up is QC4, which would also not attract a fine. The next level above that is QC8, which would attract a fine of £1000 for the first offence – and the fine doubles on each subsequent offence.

The airport is expected to confess to each and every breach of the agreement, and the Council is supposed to be monitoring the airport's performance. The Council has admitted that its monitoring of the airport has fallen short of what is expected and required, so we cannot be certain that the airport is confessing to every misdemeanour.

The result of all this is completely unsatisfactory for everyone who lives within earshot of the flight path. The S106 agreement is supposed to regulate the activity of the airport in order to protect the quality of life of those who live nearby. Clearly, it fails to do this. All too frequently, the residents of Ramsgate, Herne Bay and the Thanet Villages are woken from their sleep and the operators of the offending aircraft go unpunished.

On the bright side, there has been a recent change of leadership at TDC. The local elections in May this year resulted in a finely balanced Council which has recently flipped from Conservative to Labour leadership (the new Leader is Clive Hart). This may result in a fundamental change in the nature of the relationship between the Council and the airport. Until now, the Council seems to have been bending over backwards to give the airport whatever it wants. We may now be entering a phase when the well-being and wishes of the residents are also weighed in the balance. I hope so.

Manston's 2012 schedule

Just to let you know what's coming, here's a timetable that Manston can start operating the day after TDC accepts their proposed night flying policy. 

Currently, daytime flying at the airport is completely free of restrictions regarding the numbers and noisiness of aircraft. Manston's new policy turns night into day. The first half-hour of night, and the last hour of night, would be as free of restrictions as the daytime.

The only restrictions would apply between 2330 and 0600, i.e. 11:30pm and 6am - highlighted in pink below. This would be the only period during which aircraft would be counted, or their noisiness contribute to the proposed quota.

They estimate an average of 1.8 flights a night in this period. They are proposing an upper limit of 659 flights in this period, with a total QC Rating (the points-based noise scale) of 1,593. As you will see from the timetable, this still allows for a lot of noisy aircraft throughout the week. Every week. This will not be the occasional late plane straggling in - this will be a schedule.

Manston also estimate an average of 3.2 flights a night before and after the newly-shortened "night" time. I've put these in purely for the sake of illustration. In practice, there will be no limit on the number of planes that can take off and land between 2300-2330 and 0600-0700.

Questions for TDC for the consultation

Eleven pointed questions

Here's an economy dozen of the finest, freshest questions to come marching in the door, demanding answers.

QUESTION 1
Would you please ask TDC to put the Schedule 106 currently applicable to Kent International/ Manston Airport up on its website so that the electorate can see what it says?

QUESTION 2
I notice that Infratil advises KIACC of the number of passenger and cargo flights each month. Could you please email me Infratil's month by month breakdown of the number of aircraft movements for each of these categories for the period April 2009 to August 2010 or, better still, arrange for them to go up on TDC's website?

QUESTION 3
Could you please ask Infratil to give a month by month breakdown of the number of cargo flights and the number of passenger flights between 23:00 and 7:00 from April 2009 to August 2010 and either email them to me or put them up on TDC's website?

QUESTION 4
Can you assure those under the flight path that there is always air traffic control and RFF [Rescue Fire Fighting] at the airport whenever a plane lands or departs? [Any variation of 'no' in answer to this question is truly alarming for the populations of Ramsgate and Herne Bay.]

QUESTION 5
Does the current Section 106 define 'scheduled'? [I note that Alan Stratford & Assoc raised the question of the definition of 'scheduled' in 6.22 of their Review of the Section 106 in 2005. This report was commissioned by TDC and is still on their website.]

QUESTION 6
For a flight to be 'scheduled', it simply has to be done according to a timetable. Unlike a passenger airline, a cargo airline's timetable might vary considerably especially if it is flying fresh produce. The airport's Geographical and Administrative Data states that Security requires 24 hour advance notice. Customs and Immigration requires notice by 15:00/16:00 hours on the previous day depending on whether it is summer or winter. In other words, these cargo flights which are arriving and departing during the night are not emergency flights; they have a schedule which has to be notified to the airport in advance. They are, therefore, scheduled night flights. Why have the appropriate fines not been collected for the Community Fund?

QUESTION 7
Who are the legal advisers who will be helping TDC through the negotiation process for the new Section 106 and how much relevant aviation experience have they got? I understand under the FOI we are entitled to know.

QUESTION 8
Why have TDC ignored the advice regarding Enforcement and Penalties in the report they commissioned from Alan Stratford & Assoc in 2005 [pps 31, 33]?

QUESTION 9
Could TDC please explain how ignoring Alan Stratford's recommendations benefits the electorate?

QUESTION 10
Except in emergencies, all QC4 aircraft have been banned from Heathrow, Gatwick and Stansted between the hours of 23:30 and 6:00am since October 2005. No aircraft over QC4 are allowed to land between 23:00 and 7:00am. There is a movements limit and a noise quota. Could KIACC please explain, therefore, how QC4 aircraft come to be flying in over Ramsgate and Herne Bay at any hour of the night without penalty when this is not allowed at the UK's busiest, noisiest airports? This benefits Infratil but I cannot see how it benefits TDC's electorate.

QUESTION 11
Why has the consultation period on the night flights been reduced from 6 months to 12 weeks? Once again the benefits to Infratil are easier to see than the benefits to the electorate.