The Divisional Court today rejected 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”). The Airports NPS was designated on 26 June 2018.
The five claims are brought by:
- CO/2760/2018 – Neil Spurrier
- CO/3071/2018 – Heathrow Hub Limited and Runway Innovations Limited
- 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
- CO/3147/2018 – Friends of the Earth
- CO/3149/2018 – Plan B Earth
The grounds of challenge included surface access, air quality, habitats, SEA, consultation, competition law and climate change.
Claims 1, 3, 4 and 5 were heard together by Hickinbottom LJ and Holgate J, with claim 2 being heard immediately afterwards by Hickinbottom LJ, Holgate and Marcus Smith JJ. All claims were heard on a rolled-up basis. The Court handed down two judgments: one on claims 1 and 3 – 5 and one on claim 2.
Claims 1 (Spurrier), 4 (Friends of the Earth) and 5 (Plan B Earth) were refused permission to apply for judicial review.
On claim 2 (Hub) permission to apply for judicial review was given for two of the four grounds but these were then dismissed.
On claim 3 (the Boroughs) Permission was given on a limited number of grounds related to habitats, SEA and consultation but again were then dismissed.
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.
Click here for a copy of the judgement on claims 1 and 3-5.
Click here for a copy of the judgement on claim 2.