Rethink over ban on night flights

The fight to ban night flights from Heathrow suffered a setback today when European judges agreed to reconsider their finding that aircraft noise breached residents' human rights.

The European Court of Human Rights will rehear the case and the British Government's claim that the original decision was "seriously flawed".

Ministers argue the ruling could cost between £400 million and £2 billion in compensation and threatens to halt night flights at other British airports.

They also insist the court had not given sufficient discretion to ministers weighing up economic benefits of night flights against their environmental harm.

A Grand Chamber of the court will now reconsider the arguments and will take into account the interpretation of the European Convention on European Rights. This is the 12th time the Chamber will rehear one of the court's judgements. The 17 judges, who will sit in the next few months, have the power to overturn the original ruling, modify, or leave it as it is.

In October, eight anti-noise campaigners successfully argued the loss of sleep suffered by residents living near Heathrow through aircraft noise violated their human rights.

Monica Robb, vice-chairwoman of the campaign group representing residents under the flight path, said: "We just hope they reiterate their original decision and make the UK Government comply with that judgment so that they finally stop the night flights."

The residents represent thousands who have petitioned the Government and twice won judicial reviews without getting flights stopped.

The court ruled five to two that the Government had breached article eight of the European Convention of Human Rights because the "state failed to strike a fair balance between the UK's economic well-being and the applicants' effective enjoyment of their right to respect for their homes and their private and family lives".

Each of the eight Heathrow residents, who have been battling for 10 years to stop the the flights, was awarded £4,000 damages for loss of sleep and a total £70,000 to pay legal costs and expenses.

During the court case, residents accused the Government of breaking promises on noise levels. In 1993, ministers said the flight quota would be set at a level to keep overall noise below that in 1988, but residents claimed in less than a year those levels had been broken.