Third runway "effectively dead" after High Court ruling

The Royal Borough has welcomed the news of the High Court ruling today (Friday) that the government's decision to give the green light to the proposed third runway at Heathrow "does not hold any weight".

The judge dismissed the government's claims to the contrary as "untenable in law and common sense".

The challenge to the government's proposals was brought by the Royal Borough and five other members of the 2M group opposed to Heathrow expansion and a number of other residents groups and aircraft noise campaigners.

The court ruled that if the government wants to pursue its plans for Heathrow expansion it must now go back to square one and reconsider the entire case for the runway.

The implications of today's ruling are profound, not just for Heathrow but for airport expansion plans across the UK. Lord Justice Carnwath ruled that the 2003 Air Transport White Paper - the foundation of expansion plans across the country - is obsolete because it is inconsistent with the Climate Change Act 2008.

Speaking after ruling was announced, Cllr Phill Bicknell, chairman of the borough's aviation forum who attended this morning's hearing, said: "This is great news for Royal Borough residents and all those people in areas around the airport who would be even more affected by any future expansion at Heathrow.

"Too many of our residents already suffer from massive noise and pollution caused by the activities at the airport. We have worked long and hard on behalf of those residents to reach this stage and we are absolutely delighted with today's ruling."

The judge expressed real concern over the "hardship caused to the local community by uncertainty" over the third runway. The coalition which brought the successful legal challenge is now calling on the Government to end the uncertainty and scrap the runway plans once and for all.

The judge ruled that:
• If the Government decides to push ahead with the runway project it must now review the climate change implications of Heathrow expansion, the economic case for a third runway, and the issue of how additional passengers would get to a bigger airport

• The Government's entire aviation policy must now be reviewed to take into account the implications of the 2008 Climate Change Act. The judge found that "the claimants' submissions add up, in my view, to a powerful demonstration of the potential significance of developments in climate change policy since the 2003 Air Transport White Paper. They are clearly matters which will need to be taken into account under the new Airports National Policy Statement."(1)

• On the economic case for Heathrow expansion he would be 'surprised' if the recent tripling of the estimated cost to society of emitting carbon did not have 'a significant effect' on the economic case for the runway. The judge also said that "it makes no sense to treat the economic case as settled in 2003".

• On the issue of surface access he said the claimants' case - there is no credible plan in place to transport millions of extra passengers to an expanded Heathrow - was 'justified'. Significantly, he noted that the government was "unable to provide a convincing answer" in court when it was pressed about overcrowding on the Piccadilly underground line that would result from construction of a third runway.

The judge is now inviting the government to sign a legally-binding undertaking that it will not base future aviation policy solely on its 2003 White Paper. A further court hearing is expected to take place next month to examine the government's response to the judge's request. At the same hearing the coalition will seek costs and fully expects to recover those costs from the government.

Cllr David Burbage, leader of the council and the borough's representative on the 2M Group, said: "This is a spectacular victory for our residents. The government had been trying to close down debate on the true economic impact of a third runway by presenting it as a done deal.
Today's ruling has blown that position apart. The Government just did not want to have to take on board the real consequences of new climate change laws. The judge made it clear the figures just did not add up.
"If after this ministers are still intent on pressing ahead with expansion they will have to go back to the beginning and justify the whole economic case in public. Knowing what we now know about rising carbon costs this is an argument they cannot win.
"The third runway is effectively dead because it cannot survive the proper economic and environmental scrutiny which the Government tried to avoid. As local councils we call on the Prime Minister to do to the decent thing and bury this discredited policy."
The challenge was brought by the Royal Borough together with Hammersmith and Fulham, Hounslow, Hillingdon, Richmond upon Thames and Wandsworth councils with support from Kensington and Chelsea, Transport for London and the Mayor of London.

The councils were joined by the local residents group (Notrag), aircraft noise campaigners HACAN, World Wildlife Fund UK, Campaign to Protect Rural England and Greenpeace. The Royal Society for the Protection of Birds was an expert witness.

The local authorities are all members of the 2M Group which comprises 24 local councils opposed to Heathrow expansion with a combined population of 5 million.

For further information on the challenge visit www.2MGroup.org.uk

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