What about the noise limits around the (military) airport?

Posted by: 21. 8. 2024
Update: 21/8/2024

The constitutional order itself, specifically the Charter of Fundamental Rights and Freedoms, grants people the right to health protection and the right to a favorable environment. To what extent can these rights be claimed in connection with excessive noise caused by aircraft and exceeding noise limits in the vicinity of the airport? The subject of the article is a brief summary of noise limits in the vicinity of the airport, or from air traffic, as well as the specifics of the regulation of legislation in matters of military airports, including the military airport in Čáslav, which is being discussed in connection with the acquisition of army F-35 aircraft.

Noise limits in general regulation

Hygienic noise limits in protected internal spaces of buildings, in protected outdoor spaces of buildings and in protected outdoor spaces can be found specifically set out in § 11 and § 12 Government Regulation No. 272/2011 Coll., on health protection against the adverse effects of noise and vibrations (hereinafter "government regulation"). He implements the regulation Act No. 258 / 2000 Sb., on the protection of public health. The above-mentioned law grants the possibility to request the competent public health protection authority to allow milder hygiene limits than those set by the regulation, if it is not possible to ensure that the permissible limits are not exceeded for serious reasons. However, air traffic has its own specific regulation.

Noise from air traffic is generally regulated noise strategy of the International Civil Aviation Organization, which builds on the concept of a so-called balanced approach to noise regulation. It comes from four pillars:

noise reduction at the source – the aim is to ensure the design of the aircraft, which will lead to the production of the lowest possible noise, as well as the influence of traffic at airports by the noise charge policy introduced in accordance with ICAO's Policies on Charges for Airports and Air Navigation Services,
spatial planning and management - the purpose is to establish rules preventing an increase in the number of residents affected by noise above the limit, locating airports in remote parts of the outskirts of cities, establishing noise zones and observing noise limits,
anti-noise measures – here it is necessary to consider their influence on traffic safety and airport capacity, as well as airspace capacity,
operational limitations – they are approached only in the last row, when the result cannot be achieved by applying the above-mentioned pillars; they mean noise reduction measures that restrict access to certain aircraft without appropriate ICAO certification.

Specific limits of noise emissions from air traffic

Noise limits from air traffic se in protected internal spaces of buildings governed by § 11 paragraph 3 of the aforementioned government regulation: "Hygienic limit of equivalent sound pressure level A from air traffic applies on a typical flight day and is determined by the equivalent sound pressure level A for the whole day L_{Aeq, 16 p.m} is equal to 40 dB and for the entire night time equivalent to the sound pressure level AL_{Aeq, 8 p.m} is equal to 30 dB. "

Compared to the normally permissible limits of noise penetrating from outside, the values differ because: "The hygienic limit of the equivalent sound pressure level A is determined for noise penetrating the air from outside and for noise from construction activity inside the building by the sum of the basic sound pressure level AL_{Aeq, T} se equal to 40 dB and corrections taking into account the type of protected area and day and night time according to Annex No. 2 to the regulation.An additional correction of -5 dB is added in the case of noise with tonal components, with exceptions.

In protected outdoor areas of buildings and in protected outdoor areas the noise limits from air traffic are set in § 12 paragraph 5 of the government regulation, i.e.: "The hygienic limit of the equivalent sound pressure level A from air traffic applies to a typical flight day and is determined for the whole day equivalent sound pressure level AL_{Aeq, 16 p.m} is equal to 60 dB and for the entire night time equivalent to the sound pressure level AL_{Aeq, 8 p.m} is equal to 50 dB. "

For comparison, we also list the normally permissible noise limits, which are listed in Section 12, Paragraph 3 of the Government Regulation: "...is determined by the sum of the basic sound pressure level AL_{Aeq, T} 50 dB and corrections taking into account the type of protected area and the time of day and night, which are listed in Table No. 1 of Part A of Annex No. 3 to the Regulation. An additional correction of -12 dB is added for high impulse noise. In the case of noise with tonal components, with the exception of e.g. the aforementioned air traffic, an additional correction of -5 dB is added. "

Specifics of military airports

In the case of military airfields, we must consider necessity ensuring safety of the Czech Republic, which may conflict with the right to health protection and a favorable environment. The establishment of protective noise zones is related to this issue.

The Act on the Protection of Public Health is enshrined in Section 31, Paragraph 4 the obligation to propose the issuance of measures of a general nature according to the administrative regulations for the establishment of a protective noise zone. Airport operators have this obligation then, as soon as the hygienic limits of noise from air traffic are exceeded on military airports, as well as at airports providing more than 50 take-offs or landings annually. Measures of a general nature will be issued by the building authority after:

statement of the Ministry of Defence, if it is a military airport, or
statement regional hygiene stations, if it is a different airport.

A measure of a general nature means a form of administrative activity that is neither a legal regulation nor an administrative decision.[1] A proposal for the cancellation of a measure of a general nature or its parts is authorized to be submitted by a person who claims that his rights were reduced by a measure of a general nature issued by an administrative authority. However, if the petitioner were entitled to file a lawsuit or other proposal in the administrative court in a matter in which a measure of a general nature was used, he could propose the cancellation of a measure of a general nature only together with such a proposal.[2] Period to submit a proposal 1 year from the date on which the measure contested by the proposal of a general nature became effective. This is an unforgivable deadline.[3]

Article 31, paragraph 5 of the Act on the Protection of Public Health then imposes an obligation on the airport operator based on expert opinion drawn up at his expense to gradually carry out or ensure the implementation of anti-noise measures to such an extent that hygienic noise limits are observed, at least inside the buildings. The aforementioned can be claimed in apartment buildings, family houses, buildings for pre-school and school education and training, buildings for health and social purposes and functionally similar buildings located in the protective noise zone. In the case of the above-mentioned buildings, in which, according to an expert opinion, anti-noise measures would not ensure compliance with hygiene limits, the competent administrative authority may, in extreme cases, even initiate proceedings for a change in the use of the building or its removal.

Sanctions

The operator of a military airport or an airport that handles more than 50 take-offs or landings per year can be imposed penalty for an offense in the amount of up to CZK 3.000.000, if he does not propose the establishment of a protective noise zone in accordance with § 31, paragraph 4 of the Act on the Protection of Public Health, or if, based on an expert opinion, he does not fulfill the obligation according to § 31, paragraph 5 of the said Act.[4]

Čáslav Military Airport and F-35 fighter jets

In connection with the acquisition of F-35 Lightning II combat aircraft, which are to land in the Czech Republic for the first time in 2031, there is again a lot of discussion impact on the surroundings of the military airport in Čáslav. On the proposal of the Military Accommodation and Construction Administration of Pardubice, the Čáslav Building Authority issued the current zoning decision on the protection zone on 17/5/2002, and it became effective on 9/7/2002.

Today, however, the question arises as to whether there should be a revision of the current measure and possible additional anti-noise measures in the area, as the new combat aircraft to replace the current JAS-39 Gripen are supposed to be even noisier. Even with the currently applied anti-noise measures, the noise around the airport is noticeable, and some local residents are looking for a way to get the operator to reduce the noise and take measures before the arrival of new fighter jets.

záver

In some cases, airport operators may exceed the hygienic noise limits laid down in government regulations. However, the law obliges them to propose extradition in such a case measures of a general nature to establish a protective noise zone. Persons in the protective noise zone are granted protection through the implementation of anti-noise measures, which, based on an expert opinion, the operator is obliged to ensure for certain types of buildings.

Defense against noise in the vicinity of a military airport is therefore possible, however is significantly limited in the name of public interest to ensure the state's defense capability. If the owners of the properties in question do not defend themselves in time directly against measures of a general nature, they subsequently have many defense tools left.

Source: epravo.cz

You are interested in anything from the area air law? Do you have a property near the airport and it seems to you that noise limits are being exceeded in the vicinity of the airport? Or, on the other hand, are you an airport operator and have a problem with noise complaints from your neighbors? Contact us, we will help you!