Heathrow Airport has won a Supreme Court challenge over the Government’s decision to give the go-ahead for a third runway.
A panel of five justices at the UK’s highest court allowed Heathrow to expand by building the controversial third runway after the Court of Appeal declared the plans were unlawful.
In February three top judges concluded that the expansion failed to take into account the Government’s commitments on climate change enshrined in the Paris Agreement.
Heathrow Airport Ltd, which owns and operates the airport, challenged that ruling at a two-day hearing before a panel of five justices in October.
Giving a summary of the Supreme Court’s ruling today, Lord Sales said Mr Grayling’s decision was lawful and he was under ‘no obligation’ to discuss the Paris Agreement separately in the ANPS.
The airport’s challenge was opposed by environmental charities Friends of the Earth and Plan B Earth – both of which argued that the appeal should be dismissed by the Supreme Court.
The Court of Appeal considered the case following a challenge by a group of councils in London affected by the expansion, environmental charities including Greenpeace, Friends of the Earth and Plan B Earth, and London mayor Sadiq Khan.
The effect of the ruling, which overturned a previous High Court decision made in May last year, was that Transport Secretary Grant Shapps would have to review the ANPS to ensure it accords with the commitments on climate change.
The Government did not oppose the court’s declaration that the ANPS was unlawful and did not seek permission to appeal to the Supreme Court.
The new runway northwest of Heathrow’s existing pair was recommended by the Davies Commission in 2015. The airport’s capacity would increase drastically from 480,000 takeoffs and landings each year to around 740,000 if the third runway were to be built.
Heathrow Airport has won a Supreme Court challenge over the Government’s decision to give the go-ahead for a third runway
A panel of five justices at the UK’s highest court allowed Heathrow to expand by building the controversial third runway after the Court of Appeal declared the plans were unlawful
Tim Crosland, a lawyer involved in the campaign against the plans, had announced that the justices would allow the expansion yesterday, breaking a legal embargo ‘as an act of civil disobedience’.
Responding to the verdict, John Stewart, who chairs anti-Heathrow expansion group Hacan, said there ‘remains real doubt over whether the third runway will ever see the light of day’.
He argued that ‘recovery is all that is on Heathrow’s mind right now’ after the west London airport saw flight numbers plummet 90 per cent this year due to the hated pandemic.
‘A third runway remains no more than a distant and uncertain prospect,’ Mr Stewart added.
Paul McGuinness, who chairs the No 3rd Runway Coalition, said the ruling ‘may yet prove irrelevant with so much having changed since Heathrow was recommended for expansion’.
He went on: ‘The assessments on air quality, noise, carbon and the economics are all out of date, with chunks having already been exposed as inadequate.
‘Moreover, the Government’s climate advisers say expanding Heathrow in the prosperous South East would mean restrictions on aviation in less advantaged regions. Such a drift in policy is not compatible with today’s levelling up agenda.
‘Heathrow’s campaign is mired in economic self-interest and, rather than allowing it to drift on interminably, we would urge the Government to look to the country’s wider interests and drop the Airports National Policy Statement altogether.’
Responding to the verdict, John Stewart, who chairs anti-Heathrow expansion group Hacan, said there ‘remains real doubt over whether the third runway will ever see the light of day’
Caroline Russell, Green Party transport spokesperson and London Assembly member, said: ‘Heathrow expansion would be a disaster for London.
‘It already disrupts the health and quality of life of more than three times as many people as any other airport in Europe.
‘Neither Londoners nor the planet can afford to see its size and damage grow.’
Richard Fremantle, who chairs pressure group Stop Heathrow Expansion, said: ‘It is official – 2020 is the worst year ever. Our climate is in a desperate state, our communities are going into yet another Christmas with Heathrow’s blight hanging over their heads.
‘The onus is now on the Government to rule out Heathrow expansion, as continuing to allow it to happen would be committing a massive retrograde step for our environment ahead of the UK hosting the COP26 summit next year.
‘Even the Government’s climate advisers say that Heathrow expansion would mean a reduction in capacity elsewhere across the country, at levels that will require closures.
‘The only people set to benefit from this project are Heathrow’s overpaid directors, who are due huge bonuses were spades ever to set foot in the ground.
‘It is now down to this Government to call Heathrow’s bluff and end this miserable project once and for all.’
Justine Bayley, a resident of Harmondsworth, who faces having to leave her home if the third runway is built, said: ‘I’m disappointed as I’d hoped sense would prevail and the Court of Appeal’s judgment would be upheld.
‘Heathrow may have won this particular ruling, but there are many more hurdles in their way before they have final approval to build a third runway.
‘I’m not giving up and continue to believe that sense will prevail, and that Heathrow expansion will never actually happen.’
More to follow…