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Strategic Aviation Special Interest Group

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Strategic Aviation Special Interest Group 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 125 SASIG Meeting 14 June 2012 Item 4g 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/6 126 SASIG Meeting 14 June 2012 Item 4g 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). 127 SASIG Meeting 14 June 2012 Item 4g 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.
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