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Climate change and aviation: High Court rejects challenge to additional flights at London City Airport

The High Court (Pill LJ and Roderick Evans J) today rejected the claim by ‘Fight the Flights’ to quash the decision by the London Borough of Newham to grant consent to vary the conditions on the planning permission for operations at London City Airport to allow up to 120,000 flights a year.

The Claimant contended that the announcement by the Secretary of State for Transport on 15 January 2009 of a new target for aviation emissions for 2050 amounted to a change in government policy and that the local planning authority was not therefore entitled to determine the application to vary conditions on the basis that there had been no material change in policy on climate change relevant to the authority’s decision since the Air Transport White Paper (2003).

The High Court rejected this submission, concluding:

‘When making his announcement on 15 January 2009, the Secretary of State expressly requested the Climate Change Committee’s advice as to policy. It was not for the Council to work out a new policy in the meantime. The Council would, in my judgment, have been wrong to do so. The important questions which arise call for national guidance and not speculation by a local planning authority as to the effect of a target announced for 2050’
   
The High Court also rejected the further contention that the Council had acted irrationally and in breach of statutory duty in not consulting the London Boroughs of Waltham Forest and Redbridge and their residents on the application.

The Claimant is seeking permission to appeal.

Nathalie Lieven QC and Sasha Blackmore appeared for the Claimant (Mrs Anne-Marie Griffin on behalf of Fight the Flights)

Simon Pickles and Richard Turney appeared for the Defendant (London Borough of Newham)

Neil King QC and James Pereira appeared for the Interested Party (London City Airport)