A coalition of Heathrow expansion objectors has won a High Court victory after Lord Justice Carnwarth ruled the government’s plan to build a third runway was “untenable”.
Following the case, the objectors—who include six local authorities and Transport for London as well as environmental organisations—said the government’s case was now “in tatters”.
Delivering judgment in R (on the application of the London Borough of Hillingdon and others) v Secretary of State for Transport [2010] EWHC 626 (Admin), Carnwath LJ said: “The department’s initial position in these proceedings was that the policy of support for the third runway proposal had been finally determined in 2003, subject only to fulfilment of the three environmental conditions identified at that time. That was in my view untenable.
“Even before the changes introduced by the Planning Act 2008, it was not open to the secretary of state simply to stand on the principle of the policy decision made in 2003, without regard to the important developments since then, particularly in relation to climate change policy.”
The ruling means the government now has to reconsider its entire case for the runway.
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