Government will be challenged in the courts over Heathrow decision

Hillingdon, Richmond, Wandsworth and Windsor and Maidenhead councils, together with Greenpeace and a resident of Hillingdon, have today served legal papers on the government for unlawfully supporting the expansion of Heathrow.

In a legal submission to the High Court, the ‘coalition’ is seeking a Judicial Review of the government’s decision to support the expansion of the airport – something that which the Government previously promised would never happen.

Harrison Grant Solicitors, on behalf of the ‘coalition’ have filed a formal request for a judicial review. If successful, it is hoped the case will be heard in the High Court early next year.

Together, the claimants argue that the Government has failed to recognise the project’s unlawful air quality impacts and that the consultation held to make the decision was fundamentally flawed. Therefore, the expansion of the airport cannot go ahead. In addition, the legal challenge seeks to hold Government to the promise that a third runway would never be built.

If the request is successful, and the coalition wins the judicial review, the decision to proceed with the runway would be overturned.

Leader of Wandsworth Council, Cllr Ravi Govindia said:
“This feels like Groundhog Day for many of us. Back in 2010 we overturned the Brown Government’s plans for a third runway on environmental grounds and we’re now heading back to the same court to do it all over again. Six years later and we now know that air pollution is far more damaging to health and this expansion proposal is far bigger and more polluting than the last. It beggars belief that our Government has backed a plan which is so clearly untenable in law and common sense and we have been left with no choice but to defend our residents' interests in the courts.”

Cllr Ray Puddifoot, Leader of Hillingdon Council said:
''The Government has stubbornly refused to accept that it is breaking the law on the very important issue of air quality in relation to Heathrow. Therefore, this Council, together with the London Boroughs of Wandsworth and Richmond upon Thames, the Royal Borough of Windsor and Maidenhead, Greenpeace and a Hillingdon resident, have had no option other than to issue judicial review proceedings in the High Court.

"There are two grounds of challenge at this stage. In addition to our claim that there has been a significant breach of established air quality laws, we have also claimed that the Government has acted contrary to our legitimate expectation that it would honour its repeated promises not to expand Heathrow. However, it has been made very clear to the Government that we have fully reserved our position in relation to other matters of complaint such as climate change, equalities, noise pollution and the economic case for Heathrow expansion and that, if necessary, further legal proceedings will be brought in the future."

Lord True, Leader of Richmond Council, accused Government of incopetence saying:
“The expansion of Heathrow would be the worst action of any government in modern times. And, the process in which Ministers have made their decision is dishonest, incompetent and goes back on a six year commitment never to expand the airport".

An alliance between Greenpeace and local councils successfully overturned the Brown Government’s backing for a third runway in the High Court in 2010, which prompted the incoming Cameron Government to emphatically rule it out.

Greenpeace UK executive director John Sauven, said:
“Ministers have been clutching at straws to avoid admitting one simple fact – that it’s practically impossible to expand Heathrow without breaking air pollution rules and busting our climate targets. The government’s own advisers have warned that without steeper carbon cuts on the rest of the economy a third runway would breach the UK's climate targets. The government's air pollution plans have also been found wanting by a damning High Court ruling. It’s clear that ministers greenlighted the third runway without thinking through its repercussions for people and the environment. This is reckless and unlawful. If ministers are hell bent on disregarding the laws that protect us from pollution, a courtroom is where we’re going to hold them to account. We have stopped a third runway once before, and we can do it again.”

June 6, 2018