Heathrow: Green groups granted court appeal against third runway

The legal saga which has dogged Heathrow Airport expansion plans is to drag into the autumn after green campaigners were yesterday granted another day in court for their challenge against the construction of a third runway.

A coalition of campaign groups led by Plan B had lodged legal action against the government's decision to grant permission for a third runway to be built at Heathrow Airport, a decision they argued was incompatible with the UK's national and international climate commitments.

Their claims were rejected by the High Court in May, but yesterday the Court of Appeal ruled that Plan B's case raised "important issues" and granted an appeal hearing, which is set for October 21 this year.

"The importance of the issues raised in these and related proceedings is obvious," Lord Justice Lindblom stated in his ruling.

Construction of the third runway is scheduled to start in 2021 before it becomes fully operational in 2026. Proponents of airport expansion argue it is necessary for boosting jobs and growth, and that advances in aviation technology will enable the additional runway to operate within long-term carbon emissions and air quality goals.

Campaigners, however, have countered that the government's projections for aviation emissions are based on technologies that are yet to be invented and the assumption further expansion will not be permitted at other UK airports.

Moreover, since the previous High Court ruling in May, the UK has brought into a law a new net zero greenhouse gas emissions target for 2050, which encompasses international aviation within its remit and therefore could require faster decarbonisation from the sector.

Tim Crosland, director of Plan B, welcomed yesterday's Court of Appeal ruling, which he said confirmed campaigners' claims had substance.

"We are confident that, one way or another, common sense will prevail and the government's reckless plans to expand Heathrow Airport will be abandoned," he said in a statement. "Parliament has recognised a state of climate and ecological emergency, and the government has committed to net zero emissions by 2050. Clearly the expansion of the most polluting form of transport, which is used by only a very small minority of the world's population, is inconsistent with that context; and inconsistent with the Government's duty of care to its citizens and to our young people."

The Department for Transport has previously insisted the ongoing legal wrangles would not impact on Heathrow's planning application nor the construction timetable.

Last month Heathrow unveiled details of its plans for a third runway, which include the diversion of rivers, the construction of a new tunnel for the M25, and an extension of a ban on night flights.

But yesterday's court ruling is nevertheless a setback for the government, which continued to insist expansion can be delivered within environmental targets.

"The expansion of Heathrow is vital and will provide a massive economic boost to businesses and communities across the length and breadth of Britain, all at no cost to the taxpayer and within our environmental obligations," a DfT spokesperson said. "The recent judgment from the High Court was unequivocal and made clear that we followed a robust and legally sound process throughout. We will continue to robustly defend appeals against that judgment."

However, it remains to be seen if the government's position shifts if, as expected, Boris Johnson is confirmed today as the new Prime Minister.

Challenged repeatedly during the leadership campaign as to whether he would honour his pledge to "lie down in front of the bulldozers" to stop construction of a third runway, Johnson would only say he retains "grave concerns" about the project and will be watching the legal action with interest. The government has repeatedly stressed that any expansion will have to comply with carbon, air, and noise pollution limits.

Rob Barnstone, coordinator of the Stop Heathrow Expansion campaign group, said: "We don't expect any gimmicks but remain confident that Mr Johnson will stop this disastrous project, albeit at the correct time in the process."