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Airports NPS judicial review challenges to be heard in March 2019

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Following a directions hearing on Thursday 4 October 2018 Mr Justice Holgate has indicated that five judicial review claims seeking to challenge the Airports National Policy Statement: new runway capacity and infrastructure at airports in the south-east of England (“the Airports NPS”) will be heard at a rolled-up hearing in March 2019 before a Divisional Court. The Airports NPS was designated on 26 June 2018. The five claims are brought by:

  1. CO/2760/2018 - Neil Spurrier
  2. CO/3071/2018 – Heathrow Hub Limited and Runway Innovations Limited
  3. CO/3089/2018 – The London Boroughs of Hillingdon, Wandsworth, Richmond-Upon-Thames; Hammersmith & Fulham; the Royal Borough of Windsor and Maidenhead; the Mayor of London and Greenpeace Limited
  4. CO/3147/2018 – Friends of the Earth
  5. CO/3149/2018 – Plan B Earth
A sixth judicial review was earlier refused permission to apply for judicial review. For press coverage please see here and here. Contrary to media reports, permission was not granted for any of the claims which are instead proceeding by way of a rolled-up hearing. James Maurici QCDavid BlundellRichard MoulesAndrew Byass and Heather Sargent are acting for the Department of Transport on all the claims instructed by the Government Legal Department. Andrew Parkinson is junior counsel for Friends of the Earth instructed by Leigh Day & Co. Richard Turney is junior counsel for Heathrow Airport Limited instructed by Bryan Cave Leighton Paisner. Christopher Katkowski QC and Charles Banner are appearing for Arora Holdings Limited instructed by CMS.

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