High Court challenge to the Government decision to expand capacity on Stansted’s single runway

23.2.2009   (Stop Stansted Expansion)



SUMMARY:

The Appeal by Stop Stansted Expansion (SSE) challenging the Government’s recent
decision to sanction BAA’s application for an additional 10 million passengers
a year on Stansted Airport’s runway will be heard over three days next week –
Tuesday 24 to Thursday 26 February – in the High Court, London).

NOTE: THE HEARING WILL TAKE PLACE IN COURT 3, ST. DUNSTAN’S HOUSE, FETTER LANE

(a few minutes walk from the Royal Courts of Justice on the Strand)

The case has been assigned to be heard by Sir Thayne Forbes (subject to change),
recently retired High Court Judge, with a decision expected to be forthcoming
very shortly thereafter.

If SSE succeeds in its challenge to the legality of the process by which the
increase in Stansted’s capacity was approved, it would result in the decision
to allow Stansted to handle an additional 10 million passengers a year being quashed.

GROUNDS FOR CHALLENGE:

SSE’s legal action     [CO/10952/2008: Carol Barbone and Brian Ross (on behalf of Stop Stansted Expansion)]    
challenges three aspects of the Government’s decision to approve an extra 10 million
passengers a year and the related extra flights on Stansted’s runway:

1. That the increase in carbon dioxide (CO2) and other greenhouse gas emissions,
however substantial, can be disregarded in the decision to approve the extra flights;

2. That the economic impact on the UK trade deficit, however adverse, can be
disregarded;

3. That the adverse noise impacts upon local residents and people living further
afield cannot amount to a reason for refusal because to do so would frustrate
Government policy.

SSE considers the Government’s reasoning on the above three points to be wrong
in law and in breach of clear assurances previously provided by the Government
that although its policy was to support the expansion of Stansted Airport, any
specific proposal would still be subject to rigorous examination at a planning
inquiry, where all the environmental and economic impacts would be fully considered.
If allowed to go unchallenged, the Government’s decision could have national repercussions
as well as impacts on the case against a second runway at Stansted which is due
to be heard at a Public Inquiry currently scheduled to begin in April.

Because of the wider implications, major national environmental groups are supporting
SSE’s decision to mount this High Court challenge and in some cases have provided
financial support. Those who support SSE in this matter include the Campaign to
Protect Rural England (CPRE), Woodland Trust, Friends of the Earth, Greenpeace,
Aviation Environment Federation, HACAN Clear Skies [Heathrow], ReStoreUK, Ramblers
Association, and the World Development Movement.

SSE is advised in this matter by barristers Mr Paul Stinchcombe and Ms Sarah
Hannett of 4-5 Grays Inn Square, London and solicitors Leigh Day & Co, St
John’s Lane, London.

ENDS

FURTHER INFORMATION

Carol Barbone, Campaign Director, SSE: M 0777 552 3091,
cbarbone@mxc.co.uk

http://www.stopstanstedexpansion.com/press357.html