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.
James Maurici QC,
David Blundell,
Richard Moules,
Andrew Byass and
Heather Sargent acted 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.
Charles Banner QC and
Yaaser Vanderman are appearing for Arora Holdings Limited instructed by CMS.
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.
