Runway ruling imminent
Thursday March 4, 2010
A High Court Judge will rule later this month whether the Government’s decision to support the building of a third runway at Heathrow Airport was lawful.
Lawyers representing a coalition of local councils – including Hammersmith & Fulham (H&F) – told Lord Justice Carnwath that the Government should have re-consulted on its decision in the light of the Climate Change Act.
Lord Justice Carnwath asked the Government’s lawyer why the decision on Heathrow expansion was announced before they had received the Climate Change Committee’s (CCC) report.
The CCC’s report, which was presented in December 2009, is about how the aviation industry should try to meet its target to reduce carbon emissions to 2005 levels by 2050. In the report the CCC use an average carbon cost of £200 per tonne – compared to the Government’s figure of £63. The claimants’ lawyer, Nigel Pleming QC, argued that this change alone would bring the predicted economic benefits of Heathrow expansion almost back to zero.
The Court also heard that the Government failed to include the cost of added congestion on the local road and rail network when making their decision. Transport for London said their calculations showed that – while there might be enough capacity on the Piccadilly Line for people to board at an airport terminal – the Government had not considered whether there would be enough room for people to get on at stations like Hammersmith and Earls Court.
Government lawyers claimed during the hearing that their January 2009 decision was not a ‘policy decision’ but more ‘a step along the way.’ They said the Government intended to have further consultation on a national policy statement taking into account the climate change targets and reopening the economic case for the additional runway.
Cllr Nicholas Botterill, Cabinet Member for Environment, said: “There are many holes in the arguments in favour of a third Heathrow runway. The economic case doesn’t stack up. The environmental case doesn’t stack up. The transport case doesn’t stack up. The consultation with residents was flawed and ultimately west Londoner’s quality of life will be worse if it is ever built.”
The legal challenge is being brought by six councils, including H&F, and environmental groups. 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.
H&F Council is pushing for a high speed rail link – centred around a major new station at Old Oak Common, in the north of the borough – as an alternative to expansion at Heathrow.
Lord Justice Carnwath is expected to make his ruling within weeks.
