Heathrow protesters win third runway court victory

27.3.2010   (Guardian)

by Owen Bowcott and agencies

The government’s plans for a third runway at Heathrow were dealt a blow today after a high court judge agreed with campaigners that
climate change threats had not been taken seriously enough.

In a complex judgment, Lord Justice Carnwath declined to quash the controversial
planning proposal but branded the original position adopted in the government’s
authorisation as untenable.

The judge ordered Whitehall officials to give a formal undertaking that they
would carry out a further policy review
.

The lengthy judgment was hailed as a victory by both the transport department
and the coalition of local councils, green groups and residents who had gone to
the courts objecting to the plans for a third runway, saying it was inconsistent
with government targets to cut carbon emissions.

On the question of whether the government had taken threats to global warming
into consideration sufficiently, the judge remarked: “The [objectors’] submissions add up, in my view, to a powerful demonstration
of the potential significance of developments in climate change policy since the
2003 white paper. They are clearly matters which will need to be taken into account
under the new airports NPS [national policy statement].”

But he added: “I am not able, at least on the material before me, to hold that any of these
points amounts to a ‘show-stopper’, in the sense that the only rational response
would be to abandon the whole project at this stage.”

In the course of his judgment, Lord Justice Carnwath also observed: “I find myself
unable wholly to support the position taken by either party”.

A further hearing is due next month to consider costs and whether fresh legal
orders need to be made.

Ministers insisted that today’s ruling would have little practical impact on
their current planning policy while campaigners – who posed for photographers
with champagne glasses outside the royal courts of justice in central London –
relished the judicial reproaches and insisted it would ultimately prevent construction.

The Conservative leader, David Cameron, whose party opposes a third runway, claimed
the judgment was a severe embarrassment for the government: “[Their] policy is
in tatters. They made the wrong judgment about this, we made the right judgment
… There is no case for it on environmental grounds, there is no strong business
case for it.”

Speaking in Brussels, however, the prime minister, Gordon Brown, insisted a new
runway was vital to “help secure jobs and underpin economic growth”, adding that
the government had backed an extra runway “only after a detailed assessment showing
that the strict environmental limits for expansion could be met”.

The coalition opposed to the new runway includes WWF-UK, Greenpeace and the Campaign
to Protect Rural England (CPRE). In a joint statement, the groups said: “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.”

Hayes and Harlington Labour MP John McDonnell, who has led the campaign against
the expansion of Heathrow for 30 years, said: “In essence, this judgment means
that the game is up for a third runway at Heathrow and I am calling upon the government
to accept the inevitable and lift this threat to my community.”

But the transport secretary, Lord Adonis, countered their claims: “I welcome
this court ruling. Heathrow is Britain’s principal hub airport. It is vital not
only to the national economy but also enables millions of citizens to keep in
touch with their friends and family and to take a well-deserved holiday.

“The airport is currently operating at full capacity. A new runway at Heathrow
will help secure jobs and underpin economic growth as we come out of recession.
It is also entirely compatible with our carbon-reduction target, as demonstrated
in the
recent report by the Committee on Climate Change.

A transport department spokesman insisted officials had accepted during the hearings
that they would take developments in climate change into account in the preparation
of the national policy statement on the new runway, due in 2011. “BAA are still
free to bring forward a planning application,” he added.

http://www.guardian.co.uk/environment/2010/mar/26/heathrow-third-runway-travel-and-transport

 

 

see other extensive coverage of the story in other papers:

 

BBC Heathrow opponents win caseCampaigners win a High Court battle for further consultation into plans for a
third runway at Heathrow Airport.

 

Independent   Objectors claim Heathrow runway victory Objectors claimed the Government’s policy over the expansion of London’s Heathrow
Airport was

 

Independenet   No third runway " yet: judge wades into Heathrow battle The political arguments about a third runway for London’s Heathrow airport broke
out again fiercely last night after a High Court judge declined to quash the project
but told the Government to get its aviation policy in order.

 

Times     Heathrow third runway plan in tatters after ruling, claim opponentsEnvironmental campaigners and local authorities opposed to Heathrow expansion
popped champagne corks on the steps of the High Court yesterday to celebrate a
ruling that they said left plans to build a third runway at Europeâ„¢s busiest airport
Å“in tatters .

 

Reuters     Judge deals blow to Heathrow expansionLONDON (Reuters) – The government’s plans for a third runway at Heathrow airport
were dealt a blow on Friday after a court ruled it must review the climate change
and economic impact before the expansion can go ahead.

 

and yesterday at:

Government is still saying Heathrow ruling will not change plans

News Item added: 27th March 2010

A High Court defeat will not change the government’s plans to build a 3rd runway
at Heathrow; Lord Adonis said the High Court ruling had not killed off plans for
the runway, just ordered more consultation, something he said the government would
do. This interpretation of the ruling is contested by opponents. Gordon Brown
said a new runway was necessary and enables “millions of citizens to keep in touch
with their friends and families”.

 

 

Cheap flights from Heathrow are not a God-given right

News Item added: 27th March 2010

Christian Wolmar says it’s time to give up on expanding Heathrow, after the High
Court ruling yesterday said there had been insufficient consultation on the 3rd
runway. The days of the State being able to bulldoze whole villages out of existence
in the supposed "national interest" are long gone. Even the most fervent aviation
supporters recognise that it is an environmentally damaging activity and the notion
that cheap flights are a God-given right is nonsense.

 

 

Ruling on Heathrow’s 3rd runway will ground big projects

News Item added: 26th March 2010

Geoffrey Lean writes that the High Court judgment that ministers must reconsider
Heathrow’s 3rd runway may prove to be one of the most far-reaching rulings for
decades. It almost certainly ensures that the runway will never be built, but
it also undermines the Government’s entire programme for expanding airports around
the country, and other carbon-intensive infrastructure. The precedent could be
enormously significant for other new developments too.

 

 

High Court Ruling throws expansion plans at Southend airport into question

News Item added: 26th March 2010

Plans to expand Southend airport were thrown into serious doubt today when a
High Court Judge said that the Government’s 2003 aviation policy didn’t fully
take into account the effects of climate change. In a damning ruling Lord Justice
Carnwath said that the 2003 ATWP – the basis for at airports around the country,
including Southend – needs to be re-thought in the light of climate change and
the UK’s Climate Change Act 2008.

 

 

Birmingham: Time to scrap runway plans

News Item added: 26th March 2010

Following a High Court judge’s ruling against the decision to approve Heathrow’s
3rd runway local environmental campaigners said the same should apply to plans
for the expansion of Birmingham Airport. Lord Justice Carnwath ruled that the
2003 ATWP is obsolete because it is inconsistent with the Climate Change Act 2008.
The government must prepare an NPS to establish the case before large infrastructure
expansion can go ahead. (B’ham FoE)

 

 

Stansted: Government airport policy in disarray after High Court ruling on Heathrow

News Item added: 26th March 2010

Stop Stansted Expansion has welcomed a High Court ruling that the Government’s
2003 Air Transport White Paper is outdated and needs to be rewritten to take account
of climate change targets. The judgment has major implications for airport expansion
battles across the UK, effectively removing policy support for a 2nd runway at
Stansted. The judge ruled that the carbon costs of aviation must be included when
the economics of airport expansion. (SSE)

 

 

A45 diversion plan for Birmingham airport runway extension to cost £32 million

News Item added: 26th March 2010

Radical plans to move a major trunk road so that the Birmingham International
Airport runway extension can take place will cost £32 million. Birmingham City
Council and Solihull Council intend to split the cost of diverting the busy A45.
It will also provide faster car and bus access to the airport and NEC, and could
eventually have a Midland Metro tram line running alongside. (B’ham Mail)

 

 

Heathrow 3rd runway plans grounded but they could still take flight

News Item added: 26th March 2010

Immediately after the Heathrow 3rd runway ruling today, Transport Secretary Lord
Adonis said he is determined to press ahead with the plans, which could see the
number of Heathrow flights soar to 605,000 a year and then to more than 700,000.
This may be a bit of bravado, but Adonis says Heathrow is full, it is vital for
Britain, and the government had always planned to have another consultation before
going ahead with the runway – (if they win the election).

 

 

High Court Ruling on Heathrow 3rd runway throws expansion plans at Scottish airports
into question

News Item added: 26th March 2010

Plans to expand Edinburgh, Glasgow and other Scottish airports were thrown into
serious doubt today when a High Court Judge said that the Government’s 2003 aviation
policy didn’t fully take into account the effects of climate change and the Climate
Change Act 2008. The ruling means expansion plans at Heathrow and dozens of other
airports around the country, including Scotland, need to be re-thought. The Aviation
White Paper has to be be radically overhauled.

Government is still saying Heathrow ruling will not change plans

Date Added: 27th March 2010

A High Court defeat will not change the government’s plans to build a 3rd runway
at Heathrow; Lord Adonis said the High Court ruling had not killed off plans for
the runway, just ordered more consultation, something he said the government would
do. This interpretation of the ruling is contested by opponents. Gordon Brown
said a new runway was necessary and enables “millions of citizens to keep in touch
with their friends and families”.

Click here to view full story…



 

Cheap flights from Heathrow are not a God-given right

Date Added: 27th March 2010

Christian Wolmar says it’s time to give up on expanding Heathrow, after the High
Court ruling yesterday said there had been insufficient consultation on the 3rd
runway. The days of the State being able to bulldoze whole villages out of existence
in the supposed "national interest" are long gone. Even the most fervent aviation
supporters recognise that it is an environmentally damaging activity and the notion
that cheap flights are a God-given right is nonsense.

Click here to view full story…



 

High Court Ruling throws expansion plans at Southend airport into question

Date Added: 26th March 2010

Plans to expand Southend airport were thrown into serious doubt today when a
High Court Judge said that the Government’s 2003 aviation policy didn’t fully
take into account the effects of climate change. In a damning ruling Lord Justice
Carnwath said that the 2003 ATWP – the basis for at airports around the country,
including Southend – needs to be re-thought in the light of climate change and
the UK’s Climate Change Act 2008.

Click here to view full story…



 

Birmingham: Time to scrap runway plans

Date Added: 26th March 2010

Following a High Court judge’s ruling against the decision to approve Heathrow’s
3rd runway local environmental campaigners said the same should apply to plans
for the expansion of Birmingham Airport. Lord Justice Carnwath ruled that the
2003 ATWP is obsolete because it is inconsistent with the Climate Change Act 2008.
The government must prepare an NPS to establish the case before large infrastructure
expansion can go ahead. (B’ham FoE)

Click here to view full story…



 

Stansted: Government airport policy in disarray after High Court ruling on Heathrow

Date Added: 26th March 2010

Stop Stansted Expansion has welcomed a High Court ruling that the Government’s
2003 Air Transport White Paper is outdated and needs to be rewritten to take account
of climate change targets. The judgment has major implications for airport expansion
battles across the UK, effectively removing policy support for a 2nd runway at
Stansted. The judge ruled that the carbon costs of aviation must be included when
the economics of airport expansion. (SSE)

Click here to view full story…

 

Heathrow 3rd runway plans grounded but they could still take flight

Date Added: 26th March 2010

Immediately after the Heathrow 3rd runway ruling today, Transport Secretary Lord
Adonis said he is determined to press ahead with the plans, which could see the
number of Heathrow flights soar to 605,000 a year and then to more than 700,000.
This may be a bit of bravado, but Adonis says Heathrow is full, it is vital for
Britain, and the government had always planned to have another consultation before
going ahead with the runway – (if they win the election).

Click here to view full story…



 

High Court Ruling on Heathrow 3rd runway throws expansion plans at Scottish airports
into question

Date Added: 26th March 2010

Plans to expand Edinburgh, Glasgow and other Scottish airports were thrown into
serious doubt today when a High Court Judge said that the Government’s 2003 aviation
policy didn’t fully take into account the effects of climate change and the Climate
Change Act 2008. The ruling means expansion plans at Heathrow and dozens of other
airports around the country, including Scotland, need to be re-thought. The Aviation
White Paper has to be be radically overhauled.

Click here to view full story…

 

Heathrow’s third runway ‘dead’ and runway decision ‘untenable’

Date Added: 26th March 2010

The ruling of Judge Carnwath at the High Court has set back plans for a 3rd runway
at Heathrow for years, with campaigners calling the project “dead”. The alliance
of local councils and environmental groups has resulted in a resounding defeat
for the government. Strangely Andrew Adonis quickly put out a statement saying
he welcomed the ruling. If the Government wants to pursue its 3rd runway plans
it must now go back to square one.

Click here to view full story…

Government is still saying Heathrow ruling will not change plans

News Item added: 27th March 2010

A High Court defeat will not change the government’s plans to build a 3rd runway
at Heathrow; Lord Adonis said the High Court ruling had not killed off plans for
the runway, just ordered more consultation, something he said the government would
do. This interpretation of the ruling is contested by opponents. Gordon Brown
said a new runway was necessary and enables “millions of citizens to keep in touch
with their friends and families”.

 

 

Cheap flights from Heathrow are not a God-given right

News Item added: 27th March 2010

Christian Wolmar says it’s time to give up on expanding Heathrow, after the High
Court ruling yesterday said there had been insufficient consultation on the 3rd
runway. The days of the State being able to bulldoze whole villages out of existence
in the supposed "national interest" are long gone. Even the most fervent aviation
supporters recognise that it is an environmentally damaging activity and the notion
that cheap flights are a God-given right is nonsense.

 

 

Ruling on Heathrow’s 3rd runway will ground big projects

News Item added: 26th March 2010

Geoffrey Lean writes that the High Court judgment that ministers must reconsider
Heathrow’s 3rd runway may prove to be one of the most far-reaching rulings for
decades. It almost certainly ensures that the runway will never be built, but
it also undermines the Government’s entire programme for expanding airports around
the country, and other carbon-intensive infrastructure. The precedent could be
enormously significant for other new developments too.

 

 

High Court Ruling throws expansion plans at Southend airport into question

News Item added: 26th March 2010

Plans to expand Southend airport were thrown into serious doubt today when a
High Court Judge said that the Government’s 2003 aviation policy didn’t fully
take into account the effects of climate change. In a damning ruling Lord Justice
Carnwath said that the 2003 ATWP – the basis for at airports around the country,
including Southend – needs to be re-thought in the light of climate change and
the UK’s Climate Change Act 2008.

 

 

Birmingham: Time to scrap runway plans

News Item added: 26th March 2010

Following a High Court judge’s ruling against the decision to approve Heathrow’s
3rd runway local environmental campaigners said the same should apply to plans
for the expansion of Birmingham Airport. Lord Justice Carnwath ruled that the
2003 ATWP is obsolete because it is inconsistent with the Climate Change Act 2008.
The government must prepare an NPS to establish the case before large infrastructure
expansion can go ahead. (B’ham FoE)

 

 

Stansted: Government airport policy in disarray after High Court ruling on Heathrow

News Item added: 26th March 2010

Stop Stansted Expansion has welcomed a High Court ruling that the Government’s
2003 Air Transport White Paper is outdated and needs to be rewritten to take account
of climate change targets. The judgment has major implications for airport expansion
battles across the UK, effectively removing policy support for a 2nd runway at
Stansted. The judge ruled that the carbon costs of aviation must be included when
the economics of airport expansion. (SSE)

 

 

A45 diversion plan for Birmingham airport runway extension to cost £32 million

News Item added: 26th March 2010

Radical plans to move a major trunk road so that the Birmingham International
Airport runway extension can take place will cost £32 million. Birmingham City
Council and Solihull Council intend to split the cost of diverting the busy A45.
It will also provide faster car and bus access to the airport and NEC, and could
eventually have a Midland Metro tram line running alongside. (B’ham Mail)

 

 

Heathrow 3rd runway plans grounded but they could still take flight

News Item added: 26th March 2010

Immediately after the Heathrow 3rd runway ruling today, Transport Secretary Lord
Adonis said he is determined to press ahead with the plans, which could see the
number of Heathrow flights soar to 605,000 a year and then to more than 700,000.
This may be a bit of bravado, but Adonis says Heathrow is full, it is vital for
Britain, and the government had always planned to have another consultation before
going ahead with the runway – (if they win the election).

 

 

High Court Ruling on Heathrow 3rd runway throws expansion plans at Scottish airports
into question

News Item added: 26th March 2010

Plans to expand Edinburgh, Glasgow and other Scottish airports were thrown into
serious doubt today when a High Court Judge said that the Government’s 2003 aviation
policy didn’t fully take into account the effects of climate change and the Climate
Change Act 2008. The ruling means expansion plans at Heathrow and dozens of other
airports around the country, including Scotland, need to be re-thought. The Aviation
White Paper has to be be radically overhauled.

GOVERNMENT’S HEATHROW EXPANSION PLANS IN TATTERS AS JUDGE SLAMS RUNWAY POLICY

Date Added: 26th March 2010

The Government’s Heathrow policy is in tatters this morning after the High Court
ruled that ministers’ decision to give a green light to the proposed 3rd 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’. 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.

Click here to view full story…