The Supreme Court has found in favour of Heathrow Airport, overturning a decision by the Court of Appeal to rule the airport’s expansion plans illegal.
The decision was announced virtually at 9:45 this morning, with the court deciding that the airport’s plans for a third runway were lawful.
The court listened to cases made in October, with Heathrow Airport itself appealing the original ruling to block the plans, and environmental pressure groups Friends of the Earth and Plan B Earth defending the ruling.
A Heathrow spokesperson said: “This is the right result for the country, which will allow Global Britain to become a reality. Only by expanding the UK’s hub airport can we connect all of Britain to all of the growing markets of the world, helping to create hundreds of thousands of jobs in every nation and region of our country.
“Demand for aviation will recover from Covid, and the additional capacity at an expanded Heathrow will allow Britain as a sovereign nation to compete for trade and win against our rivals in France and Germany.
“Heathrow has already committed to net zero and this ruling recognises the robust planning process that will require us to prove expansion is compliant with the UK’s climate change obligations, including the Paris Climate Agreement, before construction can begin.
“The Government has made decarbonising aviation a central part of its green growth agenda, through wider use of Sustainable Aviation Fuel as well as new technology.
“As passenger numbers recover, our immediate focus will be to continue to ensure their safety and to maintain our service levels while we consult with investors, government, airline customers and regulators on our next steps.”
Back Heathrow’s executive director, Parmjit Dhanda added: “This is an important moment for local communities, desperate for jobs and apprenticeships at a very hard time for our economy.
“It is also a huge moment for the UK as it moves towards an uncertain Brexit, but now with the confidence that international trade could be boosted by additional capacity at the country’s only hub airport.
“We believe this news reflects a unity of purpose between the highest court in the land and our Parliament – which has already delivered a majority of 296 for sustainable expansion at Heathrow.”
Back in February, the Court of Appeal sided with Friends of the Earth, who argued that Heathrow’s plans for a third runway breached the Government’s commitments to the Paris Agreement.
The Paris Agreement commits those signed up to it to tackling climate change by attempting to lower global warming below 2˚C a year.
Although the original plans were made by the Government’s Airports National Policy Statement, the airport itself was the one challenging the ruling, as the Government accepted the decision.
The Supreme Court found that the Government’s commitment to the Paris Agreement was considered by Secretary of State Chris Grayling when the policy statement was constructed and that no firm carbon reduction target set in law had been breached by it.
Even though the decision has been overturned, expansion plans will have to start again in Parliament and it’s unlikely the Government have the political will to restart the process.
Moreover, the coronavirus has taken its toll on the airport, with traffic down over 80% in October, as Paris’ Charles De Gaulle overtook it as the busiest airport in Europe.
Friends of the Earth reacted by claiming that Heathrow's expansion remains far from certain and tweeted: "This is a setback, not the end."
The group has already set up a petition, calling on the Government to end Heathrow’s expansion plans, and promising to keep fighting against the expansion.
Will Rundle, head of legal at Friends of the Earth, said: “This judgment is no ‘green light’ for expansion. It makes clear that full climate considerations remain to be addressed and resolved at the planning stage. Heathrow expansion remains very far from certain and we now look forward to stopping the third runway in the planning arena.
“With ever stronger climate policy commitments that Heathrow must meet, it remains unlikely it will ever get planning permission for the third runway. Friends of the Earth will fight it all the way. We are in this for people everywhere facing climate breakdown right now, and for the next generation who are being left to inherit a world changed for the worse.”
Other anti-Heathrow expansion campaigners also made their disappointment with the decision clear, but expressed their optimism that the expansion will never come to fruition.
No 3rd Runway Coalition chair Paul McGuinness said: “This decision will disappoint a very large number of people. However, it may yet prove irrelevant with so much having changed since Heathrow was recommended for expansion. The assessments on air quality, noise, carbon and the economics are all out of date, with chunks having already been exposed as inadequate.”
John Stewart, head of anti-Heathrow campaign group the Heathrow Association for the Control of Aircraft Noise added: “Despite this verdict, there remain real doubt about whether the third runway will ever see the light of day. Recovery is all that is on Heathrow’s mind right now.
“Flight numbers are down nearly 90%. The airport’s expansion team has long since been disbanded. A third runway remains no more than a distant and uncertain prospect.”
Lawyer and environmental campaigner Tim Crosland, who represents Plan B Earth, seemingly broke an embargo over the ruling yesterday, which may mean he is found to be in contempt of court.
Crosland told BBC News: “This is a terrible verdict – the runway plan is in clear breach of climate change targets and it can’t be allowed to go ahead. I can’t imagine how the judges came to this decision.”
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here