SASIG Meeting
14 June 2012
Item 4g
ITEM 4g: THE IMPACTS OF HELICOPTERS
Recommendations
A That the SASIG membership agree that the Government should use incentives to phase out 'noisier' helicopters.
B That the SASIG membership agree that a system of monitoring helicopter movements across additional areas of the UK, and not just London, should be developed.
C That the SASIG membership agree that heliport consultative groups are important for establishing local regulations to reduce impacts on communities.
Summary
1 This policy update is intended to inform the SASIG response to the forthcoming draft aviation policy consultation, building on the group's comments submitted in response to the 'Scoping Document' of March 2011: "Helicopter activity should be included in a new noise management regime, to address the associated impacts. Impacts from helicopter flights are related to the fact that the craft are flown using visual reference to the layout of buildings, transport routes, open spaces, etc. on the ground ('visual flight rules'), i.e. not along any predefined routes; the craft tend to be flown at lower altitudes than aircraft; and helicopters have specific noise characteristics." (Par. 6.10, pg.25)
2 This update sets out the UK regulations for helicopters and the community impacts, focussing on noise and the controls that exist to limit noise, promoting heliport consultative groups as a means by which to address these impacts for the affected communities.
Technical Glossary
ANO Air Navigation Order ATC Air Traffic Control ATMs Air Traffic Movements CAS Controlled Airspace Congested Area An area of a city, town or settlement, which is substantially used for residential, industrial, commercial or recreational purposes. CTR London Control Zone DbA Decibel unit HCON Helicopter Noise Contour Model HEMS Helicopter Emergency Medical Services ICAO International Civil Aviation Organisation Leq averaged A-weighted Leq, for the 16-hour period 0700-2300 (local time), is used as the airport noise exposure index Lden 24-hr Leq calculated for an annual period, but with a 5 dB weighting for evening and a 10 dB weighting for night RoA Rules of the Air Regulations
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Introduction
3 Helicopters are operated by private individuals, commercial operators, the emergency services and the military. As of 1 January 2012, 1,299 helicopters (of all weights) used for civil aviation were registered with the Civil Aviation Authority (CAA)1. This represents an increase of 19% since 2002.
4 Civil aviation helicopters can be single-engine or twin-engine powered. Twin-engine helicopters provide additional reliability, in that if one engine fails the other engine automatically increases power and is able to maintain the helicopter in flight. The additional reliability of twin-engine helicopters means they the type that has been certified by the CAA to take off and land on elevated sites e.g. rooftops (certified as 'Class 1' by the CAA).
5 There are currently 9 heliports in the UK that have a CAA 'ordinary licence'. These are Ascot racecourse, London Heliport (Battersea), Cheltenham racecourse, Cutler (Aberdeenshire), Goodwood racecourse, Leeds, Penzance, Silverstone, and Tresco2. Helicopters also operate from a number of UK airports. The largest number of movements from helicopters at UK airports in 2011 was as follows: Aberdeen recorded 36,254 air traffic movements (ATMs), Norwich – 8,566 ATMs, Scatska – 8,331 ATMs, and Humberside – 8,190 ATMs.
6 Helicopters have a number of impacts on communities in particular noise and safety issues. There are regulations concerning where helicopters take off and land, time period restrictions for heliport operation, as well as regulations on the height at which helicopters can fly. There are however, very few controls to limit the level of noise made by helicopters, nor the routes operated.
7 The impacts caused by helicopters are not only related to the areas where they take off and land, but also the surrounding area they fly over. The impacts are also particularly felt in built up urban areas where the built environment can magnify the noise impacts.
8 Helicopter consultative groups can be used to establish local regulations to reduce impacts on communities. For instance, Battersea Heliport was designated by the Government under Section 35 of the Civil Aviation Act 1982 (as amended), meaning the heliport operator is legaly obliged to consult on matters which are of interest to both local residents and the users of the heliport.3
1 Aircraft registration statistics 2012, CAA website http://www.caa.co.uk/default.aspx?catid=56&pageid=107 2 Heliports published in the UK AIP, NATS http://www.nats-uk.ead- it.com/public/index.php%3Foption=com_content&task=blogcategory&id=7&Itemid=14.html 3 Wandsworth Borough Council website:- 'Battersea Heliport and helicopter noise', http://www.wandsworth.gov.uk/info/200135/get_involved/443/battersea_heliport_and_helicopter_no ise/6
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Legislation
9 Helicopters and small aircraft may use temporary sites for landing and taking off provided safety standards are observed. Such sites can include large back gardens, hotel grounds, or open fields (provided the owner consents) or open wasteland. Such sites do not need to be approved by the Civil Aviation Authority (CAA).
10 Under the Town and Country Planning Act (1995), helicopters and small aircraft are given permitted development rights to use temporary sites for up to 28 days in a calendar year without the need to make a specific planning application4. The days can be consecutive and there is no restriction on the number of movements. The temporary sites, however, must not be buildings or within the curtilage of a building.
11 The Environmental Protection Act (1990)5, specifically exempts aircraft noise from the general noise nuisance controls set out in that legislation. Aircraft are covered under the Civil Aviation Act (1982), which gives the Secretary of State for Transport powers to apply operational controls and restrictions. As long as the 'Rules of the Air' Regulations6 are observed, aircraft are protected from action in respect of trespass or nuisance under the Civil Aviation Act (1982).
12 Outside controlled airspace, aircraft can go anywhere so long as they abide by the 'Rules of the Air'. The Government has powers under the Civil Aviation Act (1982) to designate areas where aircraft are not allowed to fly, but this is usually done only on safety or security grounds, for instance over high security prisons or sensitive installations.
13 The Secretary of State has powers under section 5 of the Civil Aviation Act 1982 to specify aerodromes for the purposes of section 5. Such specification would impose a duty on the CAA to have regard to adverse effects on the environment and disturbance to the public in exercising its aerodrome licensing function. To date, no such specification has been made.
14 In the case of unlicensed heliports and landing sites, individuals may be able to pursue claims for noise nuisance under common law.
Safety
15 Rule 5 of Schedule 1 to the 'Rules of the Air' contains the rules for low flying. Although these rules are primarily concerned with safety the height restrictions do offer some benefits in terms of noise reduction.
4 Under Article 3 and Schedule 2, Part 4 of the Town and Country Planning (General Permitted Development Order) 1995 (SI 1995/418), as amended. 5 Section 79(6) of the Environmental Protection Act (1990) 6 The Rules of the Air Regulations are made under Part 22 (Article 160) of the Air Navigation Order 2009 (SI 2009/3015).
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16 An aircraft must comply with the low flying prohibitions set out in paragraph (3) of Rule 5 subject to the exemptions in Rule 6. If an aircraft is flying in circumstances such that more than one of the low flying prohibitions applies, it shall fly at the greatest height required by any of the applicable prohibitions. The prohibitions are as follows:
(a) Failure of power unit An aircraft shall not be flown below such height as would enable it to make an emergency landing without causing danger to persons or property on the surface in the event of a power unit failure.
(b) The 500 feet rule Except with the written permission of the CAA, an aircraft shall not be flown closer than 500 feet to any person, vessel, vehicle or structure.
(c) The 1,000 feet rule Except with the written permission of the CAA, an aircraft flying over a congested area of a city town or settlement shall not fly below a height of 1,000 feet above the highest fixed obstacle within a horizontal radius of 600 metres of the aircraft.
(d) The land clear rule An aircraft flying over a congested area of a city, town or settlement shall not fly below such height as would permit the aircraft to land clear of the congested area in the event of a power unit failure.
(e) Flying over open-air assemblies Except with the written permission of the CAA, an aircraft shall not fly over an organised open-air assembly of more than 1,000 persons below the higher of the following heights - (i) 1,000 feet; or (ii) such height as would permit the aircraft to land clear of the assembly in the event of a power unit failure.
(f) Landing and taking off near open air assemblies An aircraft shall not land or take-off within 1,000 metres of an organised, open-air assembly of more than 1,000 persons except - (i) at an aerodrome, in accordance with procedures notified by the CAA; or (ii) at a landing site which is not an aerodrome, in accordance with procedures notified by the CAA and with the written permission of the organiser of the assembly.
17 In Rule 5(3)(c), the term ‘congested area of a city town or settlement’ is defined in Article 255 of the 'Air Navigation Order' as being "any area which is substantially used for residential, industrial, commercial or recreational purposes".
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18 There are special restrictions on flying single engine helicopters over central London1, which require single engine helicopters to fly along designated routes. The CAA has also produced a map of helicopter routes over London (see Annex A, page 137), which although there is no legal onus on pilots to obey them, are generally followed. Police helicopters are exempted from both the 500 feet and 1,000 feet rules.
Air traffic controls and restrictions
19 Controlled airspace is established around large airports and pilots area required to comply with Air Traffic Control (ATC) instructions when flying in these areas.
20 The only permanent restricted airspaces over the United Kingdom are several large areas in Scotland where high density low level military activity takes place, an area in Eastern England reserved for practice by the RAF 'Red Arrows' display team, several atomic energy establishments and high security prisons, as well as some 'sensitive' dwellings and locations. Temporary restrictions may be published from time to time by the CAA, e.g. in the event of major incidents or accidents, public events and flying displays.
21 All helicopters flying in the London (Heathrow) and London City Control Zones (CTRs), are subject to an Air Traffic Control (ATC) clearance and particular visibility minima. In the main, pilots navigate by visual reference to ground features with only limited ATC radar assistance. Single-engined helicopters are required to fly along designated helicopter routes. These routes have been selected to provide maximum safety by avoiding flying over built up areas as much as possible. However, it should be noted that multi-engine helicopters can be provided with an ATC clearance to transit on more direct routes through the CTRs.
22 The Battersea Heliport is located directly underneath the flight path of aircraft approaching Heathrow's westerly runways. The helicopter routes are often selected to enable helicopters to fly over as many open areas as possible. The routes allow helicopters to comply with low flying rules.
23 The Police and the Helicopter Emergency Medical Services (HEMS) operate multi- engined helicopters, but their operations are subject to special requirements associated with the nature of the tasks they are performing. Therefore, Police and HEMS helicopters may need to operate at lower altitudes or hold over specific locations.
24 Annex B (page 139) contains data from the CAA of helicopter operations within the London (Heathrow) and London City Control Zones (CTRs). In brief, the summer months are the busiest months in terms of total helicopter movements. Major sporting and outdoor events account for much of this increase and in 2012 this is likely to significantly increase with the hosting of the Olympic Games in London.
1Air Navigation (Restriction of Flying) (Specified Area) Regulations 2005 (SI 2005/964)
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Helicopter noise characteristics
25 Helicopters create different types of noise to fixed wing aircraft due to the rotation of the blades and the flight patterns. Rotary wing noise is unpredictable, creates noise hotspots, and can be considered more annoying than aircraft noise due to its lingering exposure. It is also extremely difficult to model or assign metrics due to the complexity of motion created by helicopter flight. The blades of modern helicopters can turn so fast that there is a supersonic effect creating an even greater ‘chopping’ noise.
26 In helicopter noise, there is both a periodic noise produced by the "blade slaps" and a non-periodic broadband noise that results from air interacting aerodynamically with the rotor. Helicopter noise depends primarily on the speed of the blade tips, but also to a lesser extent on the number of blades, with both factors exhibiting positive correlations with noise production8.
27 Helicopters are generally flown using visual reference, and according to visual flight rules,9 i.e. not along pre-defined routes. They are also flown at lower altitudes than other aircraft. Both of these factors mean that noise from helicopters can create a significant disturbance.
28 When responding to the Department for Transport's aviation policy 'Scoping Document', SASIG called for helicopter activity to be included in a new noise management regime, in order to address the associated noise impacts.
Complaints
29 Complaints regarding noise from helicopters using heliports can be directed to the individual heliport operator. All complaints related to Battersea Heliport are monitored and reported to the London Heliport Consultative Group.
30 Complaints related to helicopter activity not associated with heliports can be made to the CAA Aviation Related Environmental Enquiries (AREE) department.
31 Complaints to the CAA indicate that helicopter noise is experienced not only by residents located near helipads, but also by residents far from helipads.
32 A large number of complaints are made specifying constant over flight by helicopters. The operation of Battersea Heliport is an example, which is known, to adversely affect the local environment in respect of noise, leading to regular complaints from residents in central London and Greater London.
33 In addition, the CAA receives regular complaints on helicopter main routes in North East Scotland, associated with the North Sea Oil industry.
8 Raney, J.P. and Cawthorn J.M.. Aircraft noise. Handbook of noise control. ed. C.M. Harris. McGraw-Hill, 1979 9 Visual Flight rules as described in the Rules of the Air Regulations, 2007
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34 The CAA also receives one-off complaints associated with pleasure flights. These complaints often come from a variety of geographical locations, with short-term impacts leading to complaint hotspots.
Noise controls
35 In terms of noise made by helicopters in flight, there is no action that can be taken as long as the aircraft is flown reasonably in accordance with the standards of good airmanship. This position is formalised in Section 76 of the Civil Aviation Act 198210.
36 Section 77 of the Civil Aviation Act 1982 also precludes people claiming damages for nuisance and noise at CAA licensed heliports.
37 Section 78 of the Act and Regulation 13 of the Air Navigation (General Regulations) 1993 extend the immunity given to helicopter operations in respect of noise caused by: • helicopters landing and taking off; • helicopters moving on the ground or water; and • engines in the aircraft being operated for the purpose of ensuring their satisfactory performance, bringing them to a proper temperature in preparation for, or at the end of a flight.
38 The CAA has no direct legal duty to consider environmental issues in the licensing process, nor direct powers to impose environmental restrictions on aerodrome licences.
10 Section 76 of the Civil Aviation Act 1982: “No action shall lie in respect of trespass or in respect of nuisance, by reason only of the flight of an aircraft over any property at a height above the ground which, having regard to wind, weather and all the circumstances of the case is reasonable, or the ordinary incidents of such flight, so long as the provisions of any Air Navigation Order... [broadly, the regulations governing licensing, air-worthiness, rules of the air and air traffic control] have been duly complied with.”
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Local noise controls
39 Battersea heliport operator has developed local initiatives to reduce noise impacts for local residents. Specifically, the operator has published a 'Fly Neighbourly' policy which requires pilots as far as possible to: • Always fly as high as possible subject to Air Traffic Control clearance. • Maintain circuit height (1000ft) until final approach and on departure climb to circuit height as soon as possible. • Make all approaches and departures over the river. • Not to manoeuvre (other than approaches) below 500ft. • Limit ground running of engines to a maximum of five minutes. • Sanctions to be applied to pilots for non-compliance with policy.
40 There is no statutory operational noise limit for helicopters. Looking at Battersea heliport as an example, on any one day the maximum number of movements allowed is 80, and movements are limited to 12,000 movements a year. In addition, there are five days when the limit is raised to 160. The heliport can accept up to 130 movements on other days provided the total for all these 'busy days' does not exceed 1,000. Helicopter activity is at its most intense during major sporting events. The normal operating hours are 07:00-22:59.
41 A number of exemptions to the above are permitted. For example, all emergency services flights and those undertaken by Government VIPs are allowed on top of the 12,000 annual movements. In addition, up to 1,000 armed forces flights may also take place outside the quota. A further exemption to the quota is given in respect of all flights made in connection with the Farnborough Air Show during the dates of the show.
42 The Section 106 Agreement also: provides a theoretical limit on the numbers of the noisiest types of helicopters permitted to use Battersea; states that other than in emergency situations the heliport is not permitted to operate between the hours of 23:00 and 07:00; and limits the maximum number of landings and take-offs that may occur on any one day.
43 All civilian helicopters are required to pass international noise certification (ICAO) tests. The certification process for a helicopter is similar to that adopted for fixed wing aircraft, and involves noise measurements whilst the helicopter is landing, taking off and overflying at its maximum permitted all-up weight. Larger types of helicopter are permitted to make more noise in the same way that large fixed wing aircraft are permitted to make more noise than smaller ones.
44 At Battersea heliport, helicopters that are not able to meet a local noise standard of 81dB(A) at a distance of 150 metres from the take off position are restricted to a maximum of 1,500 movements within the annual 12,000 quota. Most commercial helicopters using Battersea however fall within an automatic approved "A" list, which was drawn up by the former Greater London Council. In practice this control now does little to encourage the introduction of newer and less noisy types of helicopter.
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Monitoring noise
45 The CAA has developed a helicopter noise contour model (HCON), which calculates the Leq (dBA) noise contours. It takes account of various features that distinguish helicopter noise from the noise of fixed wing aircraft. Helicopter noise contours are difficult to model accurately because the noise characteristics are extremely sensitive to flight configuration, particularly manoeuvres involving accelerations and turns.
46 The Department for Environment, Food and Rural Affairs (Defra) commissioned a study into the management of helicopter noise11, including a survey of stakeholders, that concluded: • Problems due to helicopter noise are centred on helicopter infrastructure such as holding areas, heliports and aerodromes. • Helicopter noise is often not directly attributable to a specific heliport or airfield. • Within the stakeholder group, there was evidence of opposition towards the development of heliports due to noise. • There is no comprehensive UK database of helicopter movements – therefore it is impossible to objectively determine the extent to which noise nuisance is a growing concern. • Helicopter noise can be up 15dB more annoying than fixed wing aircraft noise. • Helicopter noise levels alone do not account for annoyance trends in communities. • There is no single satisfactory noise index for the measurement or prediction of the impact of noise on the community. • Noise maps displaying Lden are not suitable to be used for the prediction of subjective response of communities to helicopter noise.
Policy related to helicopter noise
47 The Greater London Authority (GLA) conducted a review of helicopter noise in 200612. The report was the first comprehensive review of helicopter noise in the capital, and was in response to the increasing amount of helicopter activity in London.
48 The GLA report identified a number of important gaps, in the monitoring and available public information of helicopter movements, across London's airspace.
11 'Research into the Improvement of the Management of Helicopter Noise', NANR 235, Defra (2008). 12 'London in a spin - a review of helicopter noise', Greater London Authority, 2006.
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49 The report makes a number of short-term practical recommendations to the Government and the Civil Aviation Authority, indicating the need to develop a consistent database, to allow the public to monitor helicopter movements and to develop a robust complaints procedure. Fourteen recommendations were made in the report and these are included at Annex C (page 141).
50 The environmental noise team at Defra undertake work to understand and evaluate the impacts of noise. Key work includes: attributing an economic value to noise, understanding and evaluating the full costs of noise in terms of additional impacts, embedding the principles of the Noise Policy Statement for England (NPSE), and conducting the annual Noise Attitude Survey.
51 Defra has also assisted in the development of a noise indicator that has been included in the Department of Health's 'Public Health Outcomes Framework'. Noise from helicopters is covered by these workstreams in terms of health impacts related to noise.
52 The national aviation policy 'Scoping Document', published in March 2011, mentions helicopters in relation to the economic benefits of General Aviation1, but not in the section on 'noise', which is mainly focused on impacts at the larger airports with significant volumes of air traffic.
Conclusions
53 Civilian helicopters can be single-engine or multi-engine. Helicopters take off and land from licensed heliports, airports and private, unlicensed sites.
There are few controls over noise emissions
54 There are noise and safety issues associated with helicopter flights; regulations are in place regarding safety, however, there are few controls over noise.
55 The main safety regulations regarding helicopters are incorporated within the Rules of the Air Regulations (2007), which form part of the Air Navigation Orders (2009).
56 Within controlled airspace around airports, helicopters are required to comply with Air Traffic Control (ATC). There are specific restrictions for helicopters flying in the London and London City Control Zones. Single-engine helicopters are required to fly along designated routes; multi-engine helicopters can travel on more direct routes.
57 Helicopters flown according to the 'Rules of the Air' are given immunity from controls in relation to noise under the Civil Aviation Act 1982, the Air Navigation Regulations and the Environmental Protection Act 1990.
1 Department for Transport (DfT), 'Developing a sustainable framework for UK aviation: Scoping document', 30 March 2011, Para 2.7 p.14, http://www.dft.gov.uk/consultations/dft-2011-09/
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58 All civilian helicopters are required to meet international noise certification standards (ICAO). However there are no statutory instruments that restrict the operational noise limit of helicopters.
Helicopter noise is unpredictable; complaints are not restricted to areas near heliports
59 The characteristics of helicopter noise include unpredictability, and the difficulty of modelling due to the rotation and waves created by the helicopter blades.
60 The CAA Aviation Related Environmental Enquiries (AREE) department provides a focal point for receiving and responding to aviation related noise & environmental issues. Complaints received by the CAA are broadly concerned with noise from helicopters over-flying, taking off and landing. Complaints are received not only from residents near heliports, but also from residents further away.
The CAA only monitor helicopter movements in London
61 Currently, the CAA only monitors helicopter movements in London. In order to understand and quantify the impacts of helicopters in the UK, it is necessary to undertake more effective monitoring of helicopter movements across the UK and not just in the London Control Zone.
The Government should use incentives to phase out 'noisier' helicopters
62 In order to encourage newer and less noisy types of helicopters it is necessary to reduce the noise standard from 81 dB (A). In general, in seeking to reduce the number of older and noisier helicopters, the Government could use incentive/disincentive schemes to encourage phasing out of these helicopters.
63 The Battersea Heliport is subject to restrictions on the number of helicopter movements per day and per year; and for movements of helicopters that do not meet a local noise standard of 81dB(A) at a distance of 150 metres from the take-off position. These restrictions are, however, ineffective for addressing current and future noise issues, due to the fact that most commercial helicopters using Battersea already fall within an approved list.
Noise management in national aviation policy should address helicopter noise
64 Given that helicopter noise has different characteristics and can affect a wide range of communities, close to heliports and further away, the Government should address helicopter noise through specific policies rather than within the general context of reducing noise from aviation.
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Heliport consultative groups can establish local regulations to reduce impacts on communities
65 The DfT should seek to use evidence from various groups, including the London Helicopter Consultative Group (LHCG), in the development of national guidance to address helicopter noise.
66 The London Helicopter Consultative Group (LHCG) was established to address residents concerns about helicopter activity over London. This provided an opportunity for residents to voice concerns with the heliport operator. The outcomes from these groups included a local flying policy for Battersea Heliport. In the absence of national noise regulations for helicopters, local policies, developed in consultation with communities, can be one way of establishing regulations for heliports that reduce the noise impacts from helicopter activity.
Contact Officers: Edward Cheng, SASIG Policy Officer, Anna Mahoney, SASIG Director Email: [email protected] Web: www.sasig.org.uk Tel.: (020) 8541 9459 Date: 29 May 2012
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Annex A
Helicopter Routes in the London Control Zone (CTR)/City Control Zone (CTR)
137
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Annex B
Total Helicopter Movements in the London Control Zone (CTR)
139
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Annex C
Recommendations from Greater London Authority (GLA) report: 'London in a spin - a review of helicopter noise' (2006)
Recommendation 1 - The Department for Transport should undertake a full review of the impact of helicopter movements and noise in London over the next twelve months, with the aim of putting in place a series of policy responses designed to mitigate the impact of this form of noise pollution on Londoners’ lives.
Recommendation 2 - As part of its review, the Department for Transport and Civil Aviation Authority should investigate and then establish a mechanism to ensure that research on noise and other data on all helicopter movements is effectively collected, collated, analysed and published.
Recommendation 3 - A single national web-site (for example, extending the role of the national noise mapping web-site), or a clearly publicised portal, should be established by the Department for Transport and/or Department for Environment, Food and Rural Affairs to give public access to data on helicopters, including movements, routes used, and places where holding may be expected.
Recommendation 4 - As part of its review, the Department for Transport should take the lead to: make the public complaints procedures clearer, including making any telephone number universally known; that complaints are logged, co-ordinated and dealt with effectively; and that consistent data on complaints is published.
Recommendation 5 - The Civil Aviation Authority should include the London Assembly and the Mayor of London in consultation, and seek amendment to legislation to make them both statutory consultees, regarding matters that have implications for helicopter noise.
Recommendation 6 - The operator of London Heliport at Battersea, in association with Wandsworth Council, should establish within 12 months a London Heliport Consultative Committee to, as a first priority, address local residents’ concerns about helicopter movements and noise.
Recommendation 7 - The National Air Traffic Services and Civil Aviation Authority should come forward with proposals on dealing with the issue of helicopter holding at locations across London.
Recommendation 8 - The Department for Transport should review its guidance to the Civil Aviation Authority so that the environmental impact of helicopter noise is included within its responsibilities.
Recommendation 9 - As part of its review, the Department for Transport should investigate user charging for any additional air traffic control services required for helicopters.
141