Heathrow airport expansion: Campaigners fail in High Court runway battle

Heathrow expansion: Campaigners have failed to secure a High Court battle against the plans
Eddie Keogh/Reuters
Fiona Simpson30 January 2017

An attempt by campaigners to bring a High Court challenge against a third runway at Heathrow Airport has failed.

The decision to expand the airport – as opposed to building the extension at Gatwick – was backed by the Government in October.

The £16 billion plan immediately sparked protests and legal challenges.

A coalition of local councils, including Hillingdon, Richmond, Wandsworth and Windsor and Maidenhead, together with Greenpeace UK and a Hillingdon resident, claimed the decision was unlawful.

The group alleged there was a failure to consult residents before going back on from promises that it would never be built.

They also claimed that the Government failed to recognise the project's unlawful air quality impacts.

But lawyers for the Transport Secretary argued that the judicial review could not proceed - saying it should not be heard until after the consultation on the National Policy Statement (NPS) on aviation is published either later this year or early next year.

On Monday in London, Mr Justice Cranston struck out the case on the basis that the court had no jurisdiction to hear the claim.

James Maurici QC told the judge that there was a "preliminary and insuperable obstacle" to the claim proceeding.

The court had no jurisdiction to hear the matter because of the provision in the Planning Act 2008 which said that proceedings may only be brought in a six-week period that followed once the NPS was adopted, or if later, published.

Heathrow Airport through the years - In pictures

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He said: "That is not expected to happen until late 2017 at the earliest. Before that time this claim is precluded. This is a complete answer to the claim at this time."

The coalition said that the 2008 Act has no such time limitations and that, in any event, the decision was made before the Planning Act process started.

The judge said that his decision followed from the language of the relevant section of the Act, the legislative purpose and the overall statutory context and history.

"Once the Secretary of State adopts and publishes an NPS the court will have jurisdiction to entertain the challenges the claimants advance. For the present this claim must be struck out."

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