The legal framework relating to noise in the UK is derived from a mixture of domestic and international legislation. The following legal frameworks are applicable to the UK aviation industry.
Aviation Policy Framework (2013)
The 2013 Aviation Policy Framework (APF) sets out the UK Government’s overarching objectives for aviation, including the management of aviation noise. One of the key objectives of the framework is “to limit, and where possible, reduce the number of people in the UK significantly affected by aircraft noise.” This objective was updated in 2023 in the Aviation Noise Policy Statement (2023).
With regard to noise, the framework:
- recognises aviation noise as a major environmental issue alongside air quality and climate impacts; and
- stresses the importance of protecting the quality of life of communities living near airports.
The APF endorses the International Civil Aviation Organization’s (ICAO) “Balanced Approach" to noise management. This includes reducing noise at source, land-use planning, noise-abatement operational procedures, and, where necessary, operating restrictions.
The framework endorses several measures for industry to manage and mitigate noise including:
- Noise envelopes
- Airspace change
- Transparent communication
- Night noise reduction
- Noise insulation
- Compensation
UK Airspace Policy: A Framework for the Design and Use of airspace (2017)
The 2017 UK Airspace Policy document is a response to the consultation ‘Reforming Policy on the Design and Use of UK Airspace’, which sought views on a proposed update to UK airspace policy to meet the needs of passengers, communities, the aviation sector and the wider economy.
The 2017 UK Airspace Policy document lays out the Government’s policy in regard to airspace design and management and its impact on noise. The policy introduces structured requirements for assessing noise impacts during airspace changes, including undertaking options analysis and accounting for noise during the appraisal of any alternative airspace designs.
The document encourages the use of updated noise metrics during airspace design. So that the potential adverse effects of an airspace change can be properly assessed, it sets the Lowest Observed Adverse Effect Levels (LOAEL) for aviation noise at 51 dB LAeq 16 hr for daytime, and 45 dB LAeq 8 hr for nighttime. Further information on the airspace change process is outlined within our airspace change webpages.
The document established the Independent Commission on Civil Aviation Noise (ICCAN) to provide “an independent voice on civil aviation noise issues.” ICCAN was dissolved in 2021 and its responsibilities were subsequently transferred to the CAA.
Aviation Noise Policy Statement (2023)
In 2023, the UK Government issued a revised Overarching Aviation Noise Policy Statement. As part of this statement, the Government revised its overarching objective on noise to the following:
“The Government’s overall policy on aviation noise is to balance the economic and consumer benefits of aviation against their social and health implications in line with the International Civil Aviation Organisation’s Balanced Approach to Aircraft Noise Management. This should take into account the local and national context of both passenger and freight operations, and recognise the additional health impacts of night flights.
The impact of aviation noise must be mitigated as much as is practicable and realistic to do so, limiting, and where possible reducing, the total adverse impacts on health and quality of life from aviation noise.”
Drawing on earlier consultations and the Air Navigation Guidance 2017, the updated policy expands the balancing principle from night flights to all flights, reflecting a commitment to manage and mitigate noise impacts across the aviation sector.
This noise policy statement was published in advance of the Government’s intention to publish a noise policy paper later in 2023, which was intended to set out the Government’s plan to monitor progress against its noise objective, the specific actions Government is taking in this respect, and how Government will evaluate whether the policy aims are being met. However, it is unclear whether this was, or will be, published.
Application of ICAO Balanced Approach
The requirement to take account of the International Civil Aviation Organisation’s (ICAO) Balanced Approach is brought into UK law through UK Regulation (EU) 598/2014. As noise management at airports is a devolved matter in Scotland and Northern Ireland, the requirements of UK Regulation (EU) 598/2014 and the ICAO Balanced Approach were enacted into domestic law via the following regulations:
- England and Wales: The Airports (Noise-related Operating Restrictions) (England and Wales) Regulations 2018;
- Scotland: The Airports (Noise-related Operating Restrictions) (Scotland) Regulations 2019; and
- Northern Ireland: The Aerodromes (Noise Restrictions) (Rules and Procedures) Regulations 2003.
Note that the “Aerodromes (Noise Restrictions) (Rules and Procedures) Regulations 2003” does not implement UK Regulation (EU) 598/2014 but does implement the ICAO Balanced Approach.
The objectives of UK Regulation (EU) 598/2014 are:
- to facilitate the achievement of specific noise abatement objectives, including health aspects, at the level of individual airports, while respecting relevant legislation within the UK; and
- to enable the use of operating restrictions in accordance with the Balanced Approach so as to achieve the sustainable development of the airport and air traffic management network capacity from a gate-to-gate perspective.
The UK Regulation (EU) 598/2014 outlines the general rules on aircraft noise management which stipulates that airports should only implement operating restrictions after consideration of the other measures of the Balanced Approach. When considering the other measures of the Balanced Approach in relation to this regulation, as appropriate and in accordance with the relevant environmental noise regulations (see below), competent authorities are required to ensure that the noise situation at airports for which they are responsible for are assessed on a regular basis, such that, where a noise problem is identified a noise abatement objective for the airport is defined. This noise assessment, and abatement objective, should be carried out in accordance with Directive 2002/49/EC, also known as the Environmental Noise Directive (END). This has been transposed into UK law through the Environmental Noise Regulations.
Environmental Noise Regulations
The Environmental Noise Directive (END) relates to the assessment and management of environmental noise, mainly from transport, which is required to be undertaken every five years. As noise management is a devolved matter in the UK, the requirements of the END are enacted into domestic law for each devolved nation as follows:
- Environmental Noise (England) Regulations 2006 (as amended);
- Environmental Noise (Wales) Regulations 2006 (as amended);
- Environmental Noise (Scotland) Regulations 2006 (as amended); and
- Environmental Noise Regulations (Northern Ireland) 2006 (as amended).
With respect to aviation, the regulations require that strategic noise maps are created by airports that:
- Have more than 50,000 movement per year; or
- Are near an urbanised agglomeration of more than 100,000 people where population density is equal to or greater than 500 people per km2, and where the level of aviation activity means that air traffic noise from the airport causes an Lden value of 55 dBA or greater; or
- Have an Lnight value of 50 dBA or greater, anywhere within the agglomeration.
Further information regarding Lden and Lnight is outlined in the CAA’s Noise Metrics Guidance.
Airports that are required to create a strategic noise map based on the criteria above must subsequently compile a Noise Action Plan based on the results of the noise mapping. Across all Devolved Administrations, Noise Action Plans must meet the minimum requirements of Annex V of the END which states the following elements must at least be included:
- a description of the airport and other noise sources taken into account;
- the authority responsible;
- the legal context;
- any limit values in place;
- a summary of the results of the noise mapping;
- an evaluation of the estimated number of people exposed to noise, identification of problems and situations that need to be improved;
- a record of the public consultations organised;
- any noise-reduction measures already in force and any projects in preparation;
- actions which the competent authorities intend to take in the next five years, including any measures to preserve quiet areas;
- a long-term strategy;
- financial information (if available): budgets, cost-effectiveness assessment, cost-benefit assessment; and
- provisions envisaged for evaluating the implementation and the results of the action plan.
Estimates in terms of the reduction of the number of people affected (annoyed, sleep disturbed, or other) must also be provided, in addition to a summary document, not exceeding ten pages in length covering all the aspects mentioned above.
A common noise assessment methodological framework for entities which are required to assess noise under the END was introduced into UK law in 2018. This framework was developed through the Common Noise Assessment Methods in the EU project, led by the European Commission’s Joint Research Centre which formed the basis for Directive 2015/996/EC. This Directive was subsequently incorporated into UK law in 2018 through amendments to the Environmental Noise Regulations for each Devolved Administration, as outlined above.
The competent authorities and bodies responsible for implementing the Environmental Noise Regulations are as follows:
- Making and, where relevant, approving noise maps and action plans for designated airports under section 80 of the Civil Aviation Act 1982 – in England this is the Secretary of State for Transport;
- Making and, where relevant, approving noise maps and action plans for major non-designated airports – in England, Scotland and Wales, this is the airport operators; in Northern Ireland, it is the Northern Ireland Department of Environment;
- Collecting and adopting noise maps and action plans – in the UK, this is the Department for Environment, Food and Rural Affairs (DEFRA).
Designated Airports for Noise Regulation
In the UK, control of aviation noise is handled by airport operators and local authorities. However, Section 80 of the Civil Aviation Act 1982 gives the Department for Transport (DfT) power to designate airports for the control of aircraft noise, and these ‘controls’ are defined in Section 78 and 79 of this Act. These powers relate to setting appropriate requirements for the purpose of limiting, or mitigating, the effect of noise and vibration from aircraft taking-off or landing at an aerodrome, in addition to requiring the designated airport to report the noise impacts of their operations to the Secretary of State for Transport. There are currently three designated airports for the control of aircraft noise, Heathrow Airport, Gatwick Airport, and Stansted Airport. The CAA provides technical advice to the DfT in relation to the control of noise at the designated airports.