Paragraph 33 Noise contour limits and quota count point limitsI1

The area enclosed by the 54dB LAeq(16hr) (07:00-23:00 hrs) and the 48dB LAeq(8hr) (23:00-07:00hrs) contours shall not exceed the limit values for the time periods set out in Table 1. The contours shall be calculated using the Federal Aviation Authority Aviation Environmental Design Tool noise model version 3e prepared to support the DCO submission or periodic updates to that model, subject to written agreement from the ESG.

The contour area limit values shall be converted to day and night quota count budgets, supported by threshold value day and night quota count budgets as set out in the F2green controlled growth framework, using a regression analysis approach to be agreed with Luton Borough Council in consultation with the specified authorities.

The undertaker must comply with the contour limit values set out for the time periods indicated. Where the airport is operated in excess of the contour limit values, it is not a breach of the terms of this Order for the purposes of Part 8 of the 2008 Act F3—

The undertaker may make a written request to the Secretary of State to change the contour limits, following consultation on such changes with Luton Borough Council and where appointed, the ESG. The Secretary of State may approve changes to contour limits where the undertaker has demonstrated that such changes would not result in materially new or materially different noise effects than those assessed in the environmental statement.