Paragraph 15 Air noise limitsI1

The undertaker shall not operate the airport for dual runway operations unless the air noise contour enclosed areas set out in Table 1 are complied with.

Air noise contour reports shall be published annually by the undertaker to demonstrate compliance with this requirement, as soon as is reasonably practicable following the first year and subsequent years of dual runway operations. The air noise contour enclosed areas set out in Table 1 are to be calculated using the Civil Aviation Authority’s Environmental Research and Consultancy Department Aircraft Noise Contour model, version 2.4 or later.

The undertaker may submit a detailed written F1request to the Secretary of State to amend the air noise contour enclosed areas in Table 1 set out in sub-paragraph (1) in relation to any extraordinary review circumstances and, where approved by the Secretary of State, the air noise contour enclosed areas in Table 1 are to be read as amended in accordance with the decision of the Secretary of State.

A request to the Secretary of State under sub-paragraph (3) is to be made in accordance with the following process—

Where the airport is operated for dual runway operations in excess of the air noise contour enclosed areas in Table 1, it is not a breach of the terms of this Order for the purposes of Part 8 of the 2008 Act if the exceedance is due to action taken in emergency circumstances in which there was reasonable cause for apprehending injury to persons or serious damage to property.

In this requirement, “extraordinary review circumstances” means circumstances outside the control of the undertaker which affect the noise environment at or around the airport, including but not limited to implementation of an airspace change.

On the earlier of the ninth anniversary of the commencement of dual runway operations or the end of the year when commercial air transport movements per annum reach 382,000, the undertaker will review the air noise limits with contour limits being put in place as measured by the 51 dB LAeq 16 h and 45 dB LAeq 8 h contours the summer season average day, to ensure they remain relevant for the subsequent five year period and submit to the CAA for approval, repeating this on every fifth anniversary thereafter.

To ensure compliance with F3future air noise contour enclosed areas, the undertaker will report compliance with the air noise limits and produce five yearly forecasts to project compliance which will be independently assessed by the CAA.

In this requirement—

• “detailed written request” should include details of the circumstances surrounding the request and the expected timeframe for resolution; and

• “time limit” means a period of consultation of four weeks, which could be varied on a request from the undertaker where the Secretary of State considers the circumstances appropriate to vary the time limit.