Today sees the start of court
proceedings challenging the government's controversial decision to give the go
ahead to a third runway at Heathrow.
A coalition of thirteen
organisations is backing the legal challenge. It is made up of local councils,
leading green groups and residents' groups, representing millions of people.
The coalition's lawyers will be claiming in court that the consultation process
was fundamentally flawed and that the decision to expand Heathrow is at odds
with the UK's overall climate change targets.
If they win, the government's decision to proceed with the runway will be
overturned.
The organisations also argue, supported by Transport for
London, that
there is no evidence to support the government's claim that there will be enough
public transport to serve the new runway.
The decision to proceed with a
third runway was made by the then Transport Secretary Geoff Hoon in a statement
to Parliament in January 2009. He tried to win Parliament over by proposing a
number of additional environmental measures. The coalition is alleging that
these measures mean the expansion is fundamentally different to the proposals on
which the government consulted the public in 2007. Worse still, the government's
lawyers are now backpedalling by claiming the new measures were not part of the
decision to expand Heathrow.
One of the measures announced was a
new target to bring carbon emissions from aviation back to 2005 levels by 2050.
The government asked
the
Committee on Climate Change (CCC) how it could meet this
target.
The CCC responded by telling
the government it would have to severely curtail its
plans for airport expansion throughout the UK. The
coalition argues that the expansion of Heathrow cannot now proceed, since the
policy of which it is a part has been discredited.
Another of the measures would
see the runway only being used at half its capacity until a review in 2020 could
check to see if noise and air pollution as well as carbon targets could be met.
But imposing this limit destroys the economic case for a third runway and will
be no comfort to the residents of the Sipson, since their village would be
destroyed either way.
Alistair McGowan,
who is one of the owners of the 'Airplot' in Sipson,
said:
"I'm here today because, like the
residents of Sipson, I'm enraged about the government's seemingly unquenchable
passion to tarmac over my land - land which I now own with over 65,000 people
from around the world. I hope that the ministers who wouldn't listen to already
suffering west Londoners, highly respected climate scientists or battling local
councils will listen to the courts. I don't want to end up having to fend off
BAA with a pitchfork and a large bull."
Speaking on behalf of the local councils Hillingdon leader Ray
Puddifoot said:
"We've had no choice but
to go to court to sort out the mess left behind by a decision that was little
more than a quick fix. From the moment Geoff Hoon announced his decision to the
House it has steadily unravelled. We now have the government's lawyers telling
us that what the Secretary of State told MPs was not what he really
meant.
"So while Hoon was saying
that expansion would be limited to a half-used runway because of climate change
concerns, the civil servants now say that it is not dependent on reductions in
carbon emissions and or so-called greener planes. If it's only half a runway
then that demolishes the economic case. But if the conditions which were meant
to limit environmental damage are worthless and we are going to get a full
capacity runway anyway, then we have all been
duped.
"The history of Heathrow
expansion is littered with broken promises, that's why it's so important we get
the courts to sort out the deliberate ambiguity of the government's decisions."
Geraldine Nicholson, Chair of NoTRAG, said:
"A third runway would
destroy our community. Homes, schools, shops, pubs would all be demolished.
That is destruction on a massive scale. What rubs even more salt into our
wounds is our firm belief that the consultation process was seriously
flawed."
Martin Harper,
RSPB, Head of Sustainable Development said:
"We have said before that the
government's decision to allow a third runway when we desperately need to reduce
carbon emissions was fundamentally flawed.
Climate change threatens many
species with extinction and we are already seeing its impacts with catastrophic
declines in seabird numbers in parts of the North
Sea.
It is right that a bad decision such
as this should be challenged"
HACAN
Chair John Stewart
said:
"Although it is clear
that a third runway may well be scrapped after the General Election, we can't
take anything for granted. If we lose this legal challenge, it will not be the
end of the world, but, if we win, it will make it ever more difficult for any
government to build the third runway."
Shaun
Spiers, Chief Executive, Campaign to Protect Rural England
(CPRE), said:
"Proceeding with the third runway would destroy not just a village and a
large swathe of Green Belt but also tranquillity over a much wider area.
Countryside, parks and gardens in and beyond north and west London would fall under the
shadow of new flight paths and the din of thousands of extra
flights."
Pete
Lockley, Head of Transport Policy for WWF-UK
said:
"The government's
decision to allow expansion at Heathrow flies in the face of common sense, which
is why we are asking the High Court to consider the case. A third runway will
make it much more difficult to achieve our carbon reduction targets and doesn't
justify its cost, in economic or environmental terms. The Committee on Climate
Change has just advised that aviation growth must be severely curtailed by 2050.
This should prompt a complete rethink of government aviation
policy."
John
Sauven, Executive
Director of Greenpeace said:
"It's been
clear from the start, that there has been huge opposition to this
runway. Nearly 90%
of the people who responded to the consultation opposed the expansion of
Heathrow. Yet mysteriously the government gave the go
ahead.
This gives
a clear demonstration of how little they value the
views of the public. Now we've got the chance to submit this process to legal
scrutiny. We don't expect the courts to be any more impressed with it than we
were."
Notes to
Editors:
- Six local authorities in West London
(Hammersmith and Fulham, Hounslow, Hillingdon, Richmond upon Thames,
Wandsworth and Windsor & Maidenhead) are claimants to the challenge,
alongside the local residents group (NoTRAG) and the national campaigning
group against airport expansion HACAN. WWF-UK,
Campaign to Protect Rural England and Greenpeace are also claimants. Transport
for London is an
independent party supporting the claim. The Royal Society for the Protection of
Birds is an expert witness. The challenge is also supported by Kensington and
Chelsea and the Mayor of London. The local authorities are all members of the 2M
Group which comprises 24 local councils opposed to Heathrow expansion with a
combined population of 5 million.
- In February
2007, Greenpeace won a Judicial Review against the government's energy review,
which backed a new generation of nuclear power stations. As a result the
government was forced to re-run the public
consultation.
- If a third
runway at Heathrow airport were to be built, the airport would become the single
largest emitter of carbon dioxide in the UK.
Unrestrained airport expansion would make it impossible for the UK to
play its part in tackling climate change. The government has committed the
UK to cuts of at least 80% in CO2
emissions by 2050. Research from the respected Tyndall Centre shows that if the
industry is allowed to expand as predicted, aviation emissions alone would
make it impossible to meet this target.
- Aviation
emissions do more damage to the climate because they are released at altitude -
known as global warming impact. Scientists multiply aviation emissions (which
include other gases not just CO2) by 2 to 3 times to calculate their increased
climate impact
- Historically
small increases in the efficiency of planes have been overwhelmed by an
unrestrained growth in flights. There is no evidence to suggest that this will
not be the case in the future if action is not taken to constrain expansion. The
Royal Commission on Environmental Pollution found that the industry's targets
are ‘clearly aspirations rather than projections'.
- The decision
on Heathrow is underpinned by the government's aviation policy, set out in the
2003 Future of Air Transport White Paper, which promotes a policy of airport
expansion across the UK. The climate science has changed
significantly since 2003, as has the law and the policy context - notably the
Climate Change Act 2008 and the Committee on Climate Change's 2009 aviation
report which says that aviation growth needs to be limited to around half of
that planned in the White Paper.
- All the
claimants are represented by Harrison Grant (solicitors) instructing Nigel
Pleming QC of 39 Essex
Street, Nathalie Lieven QC and
David Forsdick of Landmark Chambers.