The High Court (Cranston J.) today granted an application made by the Secretary of State for Transport to strike out, under CPR 3.4(2)(a), a judicial review claim brought by the London Boroughs of Hillingdon, Wandsworth and Richmond, the Royal Borough of Windsor and Maidenhead and Greenpeace. The judicial review sought to challenge on the decision of the Secretary of State on 25 October 2016 to select for inclusion in a draft National Policy Statement the Heathrow North West Runway scheme. The judicial review raises grounds based on: (i) air quality; and (ii) breach of legitimate expectation. The Secretary of State contended that the claim is one the Court has no jurisdiction to hear at this time because of the preclusive provision in s. 13 of the Planning Act 2008. S. 13(1) of the 2008 Act provides: “13 Legal challenges relating to national policy statements (1) A court may entertain proceedings for questioning a national policy statement or anything done, or omitted to be done, by the Secretary of State in the course of preparing such a statement only if – (a) the proceedings are brought by a claim for judicial review, and (b) the claim form is filed [before the end of] the period of 6 weeks beginning with [the day after] — (i) the day on which the statement is designated as a national policy statement for the purposes of this Act, or (ii) (if later) the day on which the statement is published.” The Secretary of State argued: