News
Updated May 7, 2019

Log in →

High Court dismissed Heathrow expansion challenge

Campaigners and London Boroughs have lost their challenge to the development of a third runway at Heathrow Airport.

Five local authorities around the West London airport, residents, London Mayor Sadiq Khan, as well as environmental groups Plan B, Greenpeace and Friends of the Earth, brought the case to the High Court in March after MPs backed the plans last June.

They brought the case against Transport Secretary Chris Grayling, as campaigners said the runway would effectively create a "new airport", having a "severe" impact on Londoners.

Friends of the Earth alleged that the Government's decision to allow the expansion was unlawful because it failed to take account of the need to mitigate climate change under the Paris agreement.

It was argued that the Government's National Policy Statement (NPS), setting out its support for the project, failed to account fully for the impact on air quality, climate change, noise and congestion.

Outlining the case on behalf of campaigners, Nigel Pleming QC stated the plans could see the number of passengers using the airport rise to an estimated 132 million, an increase of 60%.

However lawyers representing Mr Grayling said the claimants' case was "unarguable" and "premature" as they would have the opportunity to make representations at a later stage in the planning process.

The arguable grounds put forward included:

  • habitats;
  • relationship with other plans;
  • environmental characteristics of likely areas to be affected not identified;
  • consultation.

Each of the four claims were dismissed.

Lord Justice Hickinbottom, sitting with Mr Justice Holgate commented in the ruling "we understand that these claims involve underlying issues upon which the parties - and indeed many members of the public - hold strong and sincere views".

"There was a tendency for the substance of the parties' positions to take more of a centre stage than perhaps it should have done, in a hearing that was only concerned with the legality, and not the merits, of the Airports National Policy Statement".

The ruling means the Government will not have to devise a new NPS and put it to another vote in Parliament. It won its first vote by a majority of 296 after Labour MPs were granted a free vote.

A spokesperson for Heathrow said "we are delighted with today's ruling, which is a further demonstration that the debate on Heathrow expansion has been had and won, not only in Parliament, but in the courts also. We are getting on with delivering the once-in-a-generation project that will connect Britain to global growth, providing thousands of new jobs and an economic boost for this country and its future generations".

John Sauven, executive director of Greenpeace UK said "this verdict will not reduce the impact on local communities from increased noise and air pollution, nor will it resolve Heathrow Ltd's financial difficulties or the economic weakness in their expansion plans".

Ravi Govindia, leader of Wandsworth Council commented "today's ruling is hugely disappointing for Londoners. It shows that the Government can drive through expansion plans without properly considering the full environmental and health impacts. But it does not mean the runway will ever be built. It still faces enormous legal obstacles particularly around air pollution".

Craig Bennett, chief executive of Friends of the Earth added that expanding Heathrow is wrong on every level and they will not let it go. "We are going to appeal because we believe the court got it wrong".


View all stories