South East Forum For Sustainability

You will probably have heard about the very welcome ruling by Lord Justice Carnwath at the High Court on Friday 26th March, on the Government’s plans to build a third runway at Heathrow.  Getting the Judicial Review was a tremendous achievement by all the organisations, and local authorities, involved.
The judgement means that the Climate Change Act 2008 must now be taken into account in consideration of projects that will cause the emission of large amounts of carbon.  It also means the Air Transport White Paper 2003 is out of date.
The ruling is very important, because of its implications beyond Heathrow.  Below is a summary of the key points arising from the Heathrow judgement.

Heathrow Victory in the High Court

- An Assessment by John Stewart, (Chairman of Hacan and of AirportWatch)

The Third Runway has not yet been dropped but the ruling in the High Court of Lord Justice Carnwath is hugely significant not just for Heathrow but for airport expansion across the country.

The ruling
He said that that the decision by the Government in January 2009 to give BAA the green light to draw up detailed plans for a third runway could not, in law, be regarded as a policy decision because it failed to take full account of policy developments in the areas of climate change and economics since the Air Transport White Paper was published in 2003.  The Government had admitted that it was the 2003 White Paper which framed the decision.  He also found that the Government had done insufficient work on how the increased number of passengers could be accommodated on the roads and railways to warrant the third terminal being given the green light.

Wider implications for other airport campaigns
It is, however, the finding around the White Paper that has most significance for both Heathrow and for expansion proposals at other airports.  The White Paper is Government policy.  As such all the expansion proposals at airports in the UK are based on it.  Until now the White Paper has not been able to be challenged at public enquiries because it was Government policy.

The Aviation White Paper killed off
This ruling changes all that.  The judge has ruled that the White Paper is out-of-date because it does not take account of crucial developments in policy in the fields of climate change and economics.  The White Paper is no longer ‘the bible’ campaigners cannot challenge.

Government reaction
The Government says that it will take account of new policy developments when drawing up its National Policy Statement in aviation, expected in 2009.  If Labour is still in power, we wait to see what will emerge.  But until then all expansion proposals based in the White Paper can be challenged.

A very significant judgment
The respected environment journalist, Geoffrey Lean, writing in the Daily Telegraph, has said that the judgment may be even more significant than that.  He is arguing that the effect of the ruling is that the Government is required to take into account the latest policy developments on climate change with regard to any new carbon-emitting development.

The future of a third runway
The future of the third runway?  The Conservatives and the Liberal Democrats have pledged to scrap it if they are in power after the forthcoming General Election.  This ruling makes it a lot more difficult for a Labour Government to proceed with it.

Click here for the full High Court ruling and for Sunday Times coverage of the High Court Decision