Heathrow runway ruling in March

6.18.00pm GMT Tue 2nd Mar 2010

Cllr Serge Lourie, TV personality Alistair McGowan and Susan Kramer MP at the launch of the legal challenge.

A JUDGE will rule next month on whether the Government's decision in January 2009 to add a third runway at Heathrow was lawful.

QCs representing a coalition of local councils told the High Court last week:

1: The Government should have re-consulted on its decision in the light of the Climate Change Act. The judge, Lord Justice Carnwath, asked the Government's QC why the decision was announced before the Climate Change Committee's (CCC) report on how aviation could meet its target to reduce emissions to 2005 levels in 2050 had been received. The report, which came out last December, used an average 'carbon cost' of £200 per tonne instead of the Government's figure of £63. For the coalition, Nigel Pleming QC, argued that using this cost would by itself have reduced the economic benefits from expansion almost to zero.

2: The Government had failed to include the cost of added congestion on the local road and rail network. Transport for London said the calculations showed that while there might be enough capacity on the Piccadilly Line for people to board at an airport terminus, these had not considered whether there would be room on the train at stops like Hammersmith and Earls Court. The Court was told that that figures showed the Government had estimated carriages accommodating four people to every square metre - with no allowance for their luggage. They had also used an out of date population forecast for the capital. The underestimate was equivalent to 670,000 people - a city the size of Glasgow.

3: The Government had based its conclusion that public transport would be sufficient on improvements such as Crossrail and the Piccadilly Line upgrade which were already being planned for a two runway airport. Lord Justice Carnwath asked the Government's QC if this was not 'double counting'

The Government's QC said during the hearing that the January 2009 decision was not a 'policy decision' but more 'a step along the way.' He said they 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.

Leader of Richmond Council, Serge Lourie, speaking on behalf of the 2M group said: "The Government QC's concession in court was significant. It means the runway is not a done deal and shows why it was so important we went to court to protect our residents' interests. We consider that the consultation was a sham and we are confident that this wide coalition will defeat the Government and prevent the expansion of Heathrow"

The judgment is expected to clarify how this fresh consultation would be carried out.

Notes:

The challenge was brought by Hammersmith and Fulham, Hounslow, Hillingdon, Richmond upon Thames, Wandsworth and Windsor & Maidenhead councils with support from Kensington and Chelsea, Transport for London and the Mayor of London.

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.

The local authorities are all members of the 2M Group which comprises 24 local councils opposed to Heathrow expansion with a combined population of 5 million.