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Civil Aviation Bill

My Lords, I thank the noble Lord for moving his amendment so persuasively. However, it will not come as a shock to him that I am going to have to reject his amendment. The greater part of England and Wales is covered by what is termed ““controlled airspace””. This contains a complex, multi-layered network of routes and airways established over many years to provide a safe and efficient flow of traffic to and from airports from ground level to the designated international UK airspace exit and entry points, as the noble Lord will know. There are a number of factors that have to be taken into account when designing airspace. Safety of design is paramount—and we have discussed that at previous stages. I am sure we are all agreed that that must be right. Fly-ability, complexity, air traffic controller workload, and environmental matters all are considered as well. However, government policy does not preclude over-flight of national parks or areas of outstanding natural beauty, as it is often impractical to do so. We understand the concern that noble Lords have expressed about protecting designated areas of the countryside from the noise and visual intrusion effects of over-flying aircraft, although the aircraft noise levels will be relatively low. Section 70 of the Transport Act 2000 sets out the Civil Aviation Authority’s general duties when exercising its air navigation functions, and specifies how any conflict in the application of these provisions is to be resolved. Section 70(1) makes it clear that the safe provision of air traffic services is the overriding consideration. The authority must also consider secondary issues, such as efficient use of airspace, the interests of stakeholders, environmental matters and, of course, national security objectives. In doing so, if there is a conflict in applying these considerations, the authority must apply them in the manner that it thinks is reasonable. The Secretary of State has given directions to the authority, under Section 66(1) of the 2000 Act, in respect of all United Kingdom airspace. These are concerned with, among other things, the environmental impact of air operations, and require the authority to perform its air navigation functions in the manner that it thinks best calculated to take into account the need to reduce, control and mitigate as far as possible the environmental impacts of civil aircraft operations, and in particular the annoyance and disturbance caused to the general public arising from aircraft noise and vibration, and emissions from aircraft engines. They also require the authority to take into account the need for environmental impacts to be considered from the earliest possible stages of planning, designing, and revising airspace procedures and arrangements. Where proposed changes to the design or provision of airspace arrangements or to the use made of them might have a significant detrimental effect on the environment, the authority must notify the Secretary of State of the likely impact and of plans to keep that impact to a minimum. Where those changes might have a significant effect on the level or distribution of noise and emissions in the vicinity of a civil aerodrome, they must also ensure that the manager of the aerodrome, its users, any local authority in the neighbourhood of the aerodrome and other organisations representing the interests of persons in the locality have been consulted. The Secretary of State has provided guidance to the authority under Section 70 of the Transport Act on environmental objectives to be taken into account when carrying out its air navigation functions. The guidance states that changes to airspace arrangements should be made after consultation only where it is clear that an overall environmental benefit will accrue, and where airspace management considerations and the overriding need for safety allow for no practical alternative. The guidance specifically notes that overflight of national parks or areas of outstanding natural beauty is not precluded. Given the sheer area that they cover, as the noble Lord, Lord Bradshaw, will know—these AONBs and national parks cover about a quarter of England and Wales—I do not see how it could be otherwise that the guidance specifically notes that overflight of national parks is not precluded. The guidance does say, however, that the authority’s director of airspace policy should, where practical, pursue policies that will help to preserve the tranquillity of the countryside. I hope the noble Lord will see that there is direction and guidance to ensure that the policies do try to preserve the tranquillity of the countryside where that does not increase significantly the environmental burdens on congested areas. As he will know, that is in line with the Government’s aim of giving stronger protection to the most valued landscapes in designated natural parks and areas of outstanding natural beauty. However, given the geographical constraints of the UK, the location of centres of population, the complex nature of the national traffic service route structure and its interrelationship with adjacent states and the associated international route structure, as well as the military training and danger areas, there is very little scope for air traffic to avoid specific areas on the ground. In the en route phase of flight—that is, the phase outside terminal airspace—any decision to introduce deviations in routes to avoid specific areas such as the national parks, as this amendment would require, would not be an option. It would require significant additional airspace to control flight profiles, and controller workload to manage such airspace would be significantly increased, leading to reductions in capacity and some safety concerns. From an environmental perspective, the impact of avoiding areas such as the national parks would be greater because aircraft would have to change power settings and configuration to fly less straightforward routes, leading to increased fuel burn and associated emissions. Where it is possible to avoid overflight of national parks and AONBs below 7,000 feet without adding to those environmental burdens on more densely populated areas, it clearly makes sense—and I take the point made by the noble Lord, Lord Bradshaw—to do so. We want that to be on record. However, government policy will continue to focus on minimising overflight of more densely populated areas below this altitude. In accordance with long established government policy on national parks, we will continue to give priority to minimising the impact of aircraft noise on as many people as possible. We believe that would strike the right balance, which is what we are looking for. I hope that explanation of the reasoning behind the Government’s policy, which has been that of successive governments, will convince the noble Lord, Lord Bradshaw, and that he will withdraw the amendment.