Councils notify Secretary of State that they will seek Judicial Review of Government’s decision to approve Heathrow 3rd runway NPS
A group of local authorities has formally notified the Secretary of State for Transport that it intends to seek judicial review of the Government’s decision to give policy support in the Airports National Policy Statement (‘NPS’) for a 3rd Heathrow runway. The councils are challenging the Government on the grounds of air quality, climate change, and strategic environmental assessment (SEA) including failing properly to deal with the noise consequences and surface access impacts. On air quality they say, amongst other things, that the Government has misunderstood and misapplied the law on air quality. On surface access the councils say, amongst other things, that the NPS fails to recognise the scale of the challenge to accommodate additional trips without unacceptable effects on the transport network and unacceptable effects from traffic pollution. The Government must now respond to the councils’ formal letter before action. If the Transport Secretary does not agree to quash the NPS, the local authorities will bring judicial review proceedings.The Boroughs taking the legal action are Hillingdon, Wandsworth, Richmond, Windsor & Maidenhead Council, and Hammersmith & Fulham.The group has also been joined by the Mayor of London and Greenpeace.
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Councils set for court challenge on Heathrow decision
19 July 2018 (Richmond Council)
A group of local authorities has today formally notified the Secretary of State for Transport that it intends to seek judicial review of the Government’s decision to give policy support in the Airports National Policy Statement (‘NPS’) for a third Heathrow runway.
The councils are challenging the Government on the grounds of air quality, climate change, strategic environmental assessment including failing properly to deal with the noise consequences and surface access impacts.
On air quality they say, amongst other things, that the Government has misunderstood and misapplied the law on air quality.
On surface access the councils say, amongst other things, that the NPS fails to recognise the scale of the challenge to accommodate additional trips without unacceptable effects on the transport network and unacceptable effects from traffic pollution.
Councillor Gareth Roberts, Leader of Richmond Council, said:
“The Government has misunderstood and misapplied the law on air quality despite having been taken to court and lost many times. Its decision in favour of the third runway should therefore be quashed.”
Councillor Ravi Govindia, Leader of Wandsworth Council, added:
“The councils have shown extraordinary patience. We have given the Government numerous opportunities to address our concerns and answer our questions. All the evidence shows that a new Heathrow runway will be bad for the environment in our boroughs and bad for the health of our residents.”
The Government must now respond to the councils’ formal letter before action. If the Transport Secretary does not agree to a quashing of the NPS, then the local authorities will bring judicial review proceedings.
The local authority group comprises of the London Boroughs of Hillingdon, Wandsworth, Richmond, Windsor and Maidenhead Council, and Hammersmith and Fulham.
The group has also been joined by the Mayor of London and Greenpeace.
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Councils, Sadiq Khan and Greenpeace to legally challenge decision on Heathrow Airport Expansion
Hillingdon, Hammersmith & Fulham, Richmond and Wandsworth councils are all part of the legal challenge
By Qasim Peracha (Get West London)
19 JUL 2018
A group of councils, the Mayor of London and Greenpeace have formally notified the government of their plans to challenge Heathrow expansion in the courts.
The Airports National Policy Statement, which includes the approval of the plan to build a third north-west runway at Heathrow Airport was voted on by MPs on June 25.
However, several local groups and environmental charities were opposed to the scheme, including Hillingdon Council and Hammersmith & Fulham Council .
A coalition of the councils, environmental pressure group Greenpeace and Sadiq Khan are now going to seek a judicial review of the government’s decision to back Heathrow as the site for airport expansion in the south-east.
Heathrow had been selected by the government as its preferred choice for expansion in October 2016, ahead of rival bids from other airports including Gatwick.
The coalition is proposing its challenge on the grounds of air quality, climate change and strategic environmental assessment including failing properly to deal with the noise consequences and surface access impacts.
They also allege that the government misunderstood and misapplied the law when it comes to air quality. On surface access, they argue that it is impossible to accommodate additional traffic movements “without unacceptable effects on the transport network and unacceptable effects from traffic pollution”.
Councillor Ray Puddifoot , Leader of Hillingdon Council, said: “We have given the Government numerous opportunities to address our concerns and answer our questions and they have demonstrably failed to do so.
“The Government has misunderstood and misapplied the law on air quality, despite having already lost recent legal challenges on this issue.
“The evidence of unacceptable damage to the environment and the health and wellbeing of many thousands of people is untenable in both law and common sense.”
The only way for the government to avoid legal action on its NPS statement is to quash its policy, the coalition warned.
Other members of the group include Wandsworth and Richmond councils.
Paul McGuinness, Chair of the No 3rd Runway Coalition, said: “London’s determination to kill off this environmentally ruinous and highly disruptive scheme is growing, so it’s no surprise that the Mayor has joined the cross-party group of councils in their legal action.
“With the confidence of their lawyers high, the courts could be ruling out the third runway, once and for all, long before Heathrow have even had a chance to launch their campaign for a fourth”.
A Heathrow spokesperson said: “We will support the Department for Transport in its response.
“We are confident in the process that has taken place so far, meaning that legal challenges are unlikely to be successful: the Airports National Policy Statement is supported by extensive evidence prepared by both the Department for Transport and the Airports Commission and has been subject to multiple rounds of public consultation and Parliamentary scrutiny.
“Judicial reviews are a completely normal process in infrastructure projects of this size and our work on our planning application continues, to ensure the timeline for the delivery of an expanded Heathrow is not affected.”
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Legal challenges against Heathrow runway plans – first chance for proper assessment of the NPS details – plans delay inevitable
Although MPs voted to back the Heathrow 3rd runway, lawyers say legal challenges are likely to substantially delay – by at least a year – the start of construction, even if they cannot prevent it. As well as the legal challenge by 5 London councils, and the Mayor of London, that has now started, there will be one by “Heathrow Hub”, the rival runway scheme. The challenges will go to the High Court and could take up to 6 months. The losing party could then appeal to the Court of Appeal, and even if they lose there, they could then appeal to the Supreme Court. The legal process is the first opportunity for Heathrow expansion opponents to take the proposal for a 3rd runway to the High Court, and have all the issues properly assessed – not merely depending on information provided by and for the Department for Transport. There will also be a second opportunity to challenge the plans after the development consent order (DCO) is completed. Under the current plans, Heathrow intends to lodge its development consent order with the secretary of state in 2021, ahead of a 2025 completion date – but that could be delayed due to the legal challenges. Then there must be a General Election by 2022, which Labour might win – with no guarantee they would not oppose the runway plans.
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