Legal challenge to Heathrow expansion fails
A High Court challenge against the government’s approval of a third runway at Heathrow Airport has been thrown out by a judge.
Campaigners against the plans had called for a judicial review, which they hoped would declare the government’s decision as unlawful.
Hillingdon, Richmond, Wandsworth, Windsor and Maidenhead councils and Greenpeace UK had argued that the government failed to consult local communities or recognize the runway’s ‘unlawful’ impact on air quality.
However, the Transport Secretary’s legal team had argued the judicial review should not be heard until after the consultation on the government’s National Policy Statement (NPS) on aviation, which is due later this year.
The case was struck out by Mr Justice Cranston on the basis the court had no jurisdiction to hear the case.
The judge said: "Once the Secretary of State adopts and publishes an NPS the court will have jurisdiction to entertain the challenges the claimants advance. For the present this claim must be struck out."
The campaigners have vowed to continue to fight the third runway, which they say won’t pass legal tests on air quality.
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