Date: 201412
Local time of day: 1801-2400
Location: VNY.Tower, CA
Aircraft: Light Transport
Operating under: Part 91
Flight plan: IFR
Flight phase: Initial Climb
Airspace: Class D VNY
ATC / advisory: Tower VNY
Second aircraft: Helicopter
Reporter organization: Government
Reporter function: Local
Reporter qualification: Air Traffic Control Fully Certified
Human factors: Communication Breakdown; Confusion
Anomaly: ATC Issue All Types; Conflict NMAC; Deviation - Altitude Excursion From Assigned Altitude; Deviation / Discrepancy - Procedural Clearance; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Air Traffic Control
When detected: In-flight
Result: Air Traffic Control Provided Assistance
Contributing factors: Human Factors; Airspace Structure; Procedure
Primary problem: Procedure

Narrative: Aircraft X departing VNY on SID got close (NMAC; 2 plus miles from VNY airport) to a helicopter transitioning the area. As Aircraft X departed Runway 16 Right on the NUAL8 Departure SID; I had noticed and saw that there was a helicopter (Aircraft Y) transitioning westbound 1600 msl about 4 miles south east of VNY along the 101 freeway. I verbally told the helicopter controller (LC3) about 'Your next obstacle was'; 'this challenger rolling'. The LC3 controller acknowledged me and he said something to Aircraft Y which I believed was a restriction and about traffic departing towards them. I do not recall exactly what LC3 told Aircraft Y but believed everything was fine. I then told Aircraft X on initial climb out about traffic and that we would keep the helicopter clear of them and told them to contact SOCAL departure. As the seconds went by I told the Helicopter controller to watch his helo (Aircraft Y) who had started climbing in direct and opposite direction to Aircraft X who I assumed would have continued climbing but had leveled off at 1700 msl. (4000 assigned). I over heard the Helicopter controller lash out and ask Aircraft Y for his altitude or something. Aircraft X passed under Aircraft Y at 1700 msl while Aircraft Y was at 2000 msl. I was assuming that Aircraft Y would transition no higher than 1600 msl (1300 msl is the norm) especially because the controller is notorious for absolute adherence. Even a helicopter at 1600 msl; I felt secure because Aircraft X was at 1700msl and was going to climb normally to 4000.VNY's departures must level off at 1700 msl to separate themselves with the BUR arrivals and then at a point turn and climb to 4000. Under current management we are not to enhance an IFR arrival or departure procedure in any case except to avoid a midair. It is the pilots responsibility to know where to turn and climb and not the towers; as management preaches. In years past; I and all others would have told the IFR departure to continue climbing to 4000 to avoid traffic. Some pilots for some reason do not start the turn/climb until they are well past the point. To the south of VNY's airport is a very busy helicopter transitioning route that Los Angeles is stuck with. The manager has no clue that if we were 'To keep the area clear' we would only push the helicopters south of the airspace and higher (for terrain) creating a worse situation. Aircraft would circumnavigate the airspace and not be frequency. Because VNY had 4 or 5 NMACS last year; the facility is scrutinized constantly. The FLM's nit pick any and all phraseology and distract controllers while working. Controllers are having to think more about what they say than what they do.




Synopsis: VNY Tower Controller describes a NMAC between an IFR departure he is working and a helicopter that the helicopter position is working.