Schiphol airport was able to breach limits on noise pollution in 2023 because the maximum levels have never been enshrined in law, according to documents obtained by NRC.

The transport inspectorate ILT found that Schiphol had exceeded the limits over Uithoorn, which lies directly to the south-east of the airport, by 20% in 2023, but decided not to impose a sanction, despite penalising a similar breach in 2021.

Under guidelines drawn up by the government in 2015, the ILT was ordered not to enforce the limits as long as Schiphol compensated by diverting flights to runways that were further away from populated areas.

The so-called “tolerance policy” was introduced to give Schiphol more flexibility until new legally binding limits were specified in a new Aviation Act, provided the overall level of noise pollution did not increase.

But nearly 10 years and three cabinets later, the legislation has still not been finalised, partly because the airport is still waiting to receive an environmental permit.

Aviation experts say the failure to enforce the rules has allowed Schiphol to dodge its responsibilities to restrict noise pollution and disturbances over residential areas.

Tolerance approach

The ILT, meanwhile, say its hands have been tied by directives from successive ministers to continue with the laissez-faire approach until the law is changed. In 2023, caretaker transport minister Mark Harbers instructed the inspectorate to maintain the tolerance approach “until further notice”.

Herman Bröring, professor of administrative law at the Rijksuniversiteit Groningen, told NRC: “The starting point is that the ILT is only allowed to tolerate [the infringements] if Schiphol abides by the flights policy.

“That hasn’t happened and the ILT should intervene. What is happening now is that they are looking for workarounds to avoid enforcing the rules. The government ends up drifting further away.”

Last March the district court in The Hague ordered the ILT to enforce the current rules within 12 months, in a case brought by more than 3,000 local residents.

Court cases

The court said that the government was breaching local people’s human rights under European law by failing to protect them from the noise of low-flying aircraft.

The government has appealed against the judgment and asked the court to extend the deadline of 12 months, arguing it is not feasible.

The new Aviation Act, which would set new legally binding noise pollution limits, has also been held up by legal challenges to the environmental permit which the government issued in 2023.

The permit requires Schiphol to take measures to reduce its nitrogen compound emissions in order to comply with European limits and is one of the major factors determining how many flights can take off and land at the airport each year.

The ILT said in 2022 that the number of flights should be capped at between 420,000 and 460,000 a year. But last year 470,000 flight movements were recorded at Schiphol and infrastructure minister Barry Madlener has raised the maximum for 2025 by another 8,000.