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Heathrow third runway will go ahead: Airport wins Supreme Court challenge after High Court had ruled expansion would be illegal

Heathrow Airport today won a Supreme Court challenge over the Government's decision to give the go-ahead for a third runway.

A panel of five justices at the UK's highest court allowed Heathrow to expand by building the controversial third runway after the Court of Appeal declared the plans were unlawful.

In February three judges concluded that the expansion failed to take into account the Government's commitments on climate change enshrined in the Paris Agreement.   

Heathrow Airport Ltd, which owns and operates the west London airport, challenged that ruling at a two-day hearing before a panel of five justices in October.

Giving a summary of the Supreme Court's ruling today, Lord Sales said then-Transport Secretary Chris Grayling's decision was lawful and he was under 'no obligation' to discuss the Paris Agreement separately in the Airports National Policy Statement .

Heathrow Airport Ltd called the ruling 'the right result for the country' and would 'allow global Britain to become a reality'. 

But Justine Bayley, treasurer of the Stop Heathrow Expansion campaign and a resident of Harmondsworth who faces having to leave her home if the third runway is built, said she was 'disappointed' by the result and had 'hoped sense would prevail'.

Green activists waving flags bearing the Extinction Rebellion logo gathered outside the Supreme Court following the announcement, where they held banners reading 'climate emergency'. Two women were arrested after throwing red paint on the court walls and windows.   

Boris Johnson is a longstanding opponent of a third runway, having once promised to 'lie down in front of those bulldozers and stop construction' back when he was Mayor of London. In February, he said there was 'no immediate prospect' of construction beginning.

As the Supreme Court allowed Heathrow to expand: 

An environmental activist campaigning against a third runway at Heathrow Airport is detained by police officers after throwing paint against the walls of the Supreme Court

An environmental activist campaigning against a third runway at Heathrow Airport is detained by police officers after throwing paint against the walls of the Supreme Court

In February three judges concluded that the expansion failed to take into account the Government's commitments on climate change enshrined in the Paris Agreement. Heathrow Airport Ltd, which owns and operates the west London airport, challenged that ruling at a two-day hearing before a panel of five justices in October

In February three judges concluded that the expansion failed to take into account the Government's commitments on climate change enshrined in the Paris Agreement. Heathrow Airport Ltd, which owns and operates the west London airport, challenged that ruling at a two-day hearing before a panel of five justices in October

Giving a summary of the Supreme Court's ruling today, Lord Sales said then-Transport Secretary Chris Grayling's decision was lawful and he was under 'no obligation' to discuss the Paris Agreement separately in the Airports National Policy Statement (ANPS)

Giving a summary of the Supreme Court's ruling today, Lord Sales said then-Transport Secretary Chris Grayling's decision was lawful and he was under 'no obligation' to discuss the Paris Agreement separately in the Airports National Policy Statement  

Justine Bayley, treasurer of the Stop Heathrow Expansion campaign and a resident of Harmondsworth who faces having to leave her home if the third runway is built, said she was 'disappointed' by the result and had 'hoped sense would prevail'

Justine Bayley, treasurer of the Stop Heathrow Expansion campaign and a resident of Harmondsworth who faces having to leave her home if the third runway is built, said she was 'disappointed' by the result and had 'hoped sense would prevail'

How this is the latest development in 17 years of wrangling over Heathrow Airport

December 2003: Labour ministers publish plans for a third runway at Heathrow, saying it is needed to keep pace with other European hubs.

January 2009: Gordon Brown green lights plans despite opposition from residents, environmental activists and many of his own MPs.

October 2009: As Opposition leader, David Cameron publicly states he will block Heathrow expansion.

May 2010: The Tory-Lib Dem Coalition emerges after the election, and rules out the west London plans.

September 2012: The idea is revived as an independent commission is set up to look at expansion of Heathrow and Gatwick, and a new airport in the Thames Estuary.

July 2015: The Airports Commission recommends Heathrow should get a new runway.

July 2016: David Cameron resigns as PM in the wake of the EU referendum, and is replaced by Theresa May - with no decision taken on Heathrow.

July 2017: Heathrow scales back proposals for a new terminal to reduce project costs.

June 2018: Revised plans with a £14billion price tag are approved by Cabinet, with the proviso that taxpayers will not face any cost.

June 25, 2018: Greg Hands resigns from government to vote against the National Policy Statement - effectively outline planning permission. But Boris Johnson, who previously vowed to 'lie down in front of bulldozers', is abroad in Afghanistan when MPs vote in favour by a majority of 296.

December 2019: As PM, Boris Johnson does not change official policy on Heathrow but says he will 'find a way' of honouring his bulldozer pledge.

February 2020: The Court of Appeal rules that the NPS was unlawful as government had not considered its obligations under the Paris Climate Change Agreement. The Government says it does not support appealing the case, but Heathrow says it will go to the Supreme Court.

April 2020: The airport says all expansion plans will be pushed back by at least two years due to the disruption caused by the coronavirus.

May 2020: Heathrow admits it could be 10 to 15 years before the airport needs a third runway due to the crisis.

October 2020: Supreme Court hears challenge by Heathrow Airport Ltd against Court of Appeal ruling. 

The Court of Appeal considered the case following a challenge by a group of councils in London affected by the expansion, environmental charities including Greenpeace, Friends of the Earth and Plan B Earth, and London mayor Sadiq Khan.

In late February, three leading judges concluded that Mr Grayling's support for the project in an ANPS did not meet the Government's pledge to tackle climate change.

But giving a summary of the Supreme Court's ruling on today, Lord Sales said Mr Grayling's decision was lawful and he was under 'no obligation' to discuss the Paris Agreement separately in the ANPS.

Lord Sales added: '(The court) finds that the Secretary of State did take the Paris Agreement into account. He was not legally required to give it more weight than he decided was appropriate, in line with the advice of the Committee on Climate Change.

'The National Policy Statement is not affected by any unlawfulness and is valid.' 

The effect of the ruling, which overturned a previous High Court decision made in May last year, was that Transport Secretary Grant Shapps would have to review the ANPS to ensure it accords with the commitments on climate change.  

The new runway northwest of Heathrow's existing pair was recommended by the Davies Commission in 2015. The airport's capacity would increase drastically from 480,000 takeoffs and landings each year to around 740,000 if the third runway were to be built. 

Tim Crosland, a lawyer involved in the campaign against the plans, had announced that the Supreme Court justices would allow the expansion yesterday, breaking a legal embargo 'as an act of civil disobedience'. 

He will be referred by the Supreme Court to the Attorney General and the Bar Standards Board for investigation.   

Responding to the verdict, Warren Kenny, acting general secretary of the GMB union, said: 'Today's ruling is a welcome boost at the end to a gruelling year for aviation workers who have seen their industry brought to its knees by the pandemic.

'This judgment is a much-needed injection of hope for economic recovery and the creation of many thousands of good, unionised jobs at Heathrow and in the wider supply chain.

'The Government has no more excuses now. It's time for ministers to step up and back Heathrow and the wider aviation industry with the support it needs to get itself flying once again.' 

But doubts remain about whether the third runway will go ahead, given environmental concerns and the collapse in demand for air travel caused by the coronavirus pandemic.

Mr Khan said: 'I am disappointed with the court's decision today to allow Heathrow Airport a third runway which will have a damaging impact on air quality, noise and London's ability to achieve net-zero carbon by 2030.

'I would urge Heathrow to drop these damaging expansionist plans.'

Former shadow chancellor John McDonnell vowed to continue to fight the ruling 'whether in the courts, in Parliament or in demos or occupations'. 

He tweeted: 'It is now down to Boris Johnson to fulfil his promise to oppose a 3rd runway if he's to have any credibility as a local MP or as a Prime Minister seeking to tackle climate change.' 

Green Party MP Caroline Lucas said: 'This is incredibly disappointing news and takes us backwards in our response to the climate crisis. 

Police officers staff the entrance to the Supreme Court behind campaingers for and against a proposed third runway at Heathrow hold placards outside the Supreme Court in London

Police officers staff the entrance to the Supreme Court behind campaingers for and against a proposed third runway at Heathrow hold placards outside the Supreme Court in London

An environmental activist campaigning against a third runway at Heathrow Airport is detained by police officers after throwing paint against the walls of the Supreme Court

An environmental activist campaigning against a third runway at Heathrow Airport is detained by police officers after throwing paint against the walls of the Supreme Court

Campaigners against a proposed third runway at Heathrow Airport hold a banner outside the Supreme Court in London which reads 'climate emergency'

Campaigners against a proposed third runway at Heathrow Airport hold a banner outside the Supreme Court in London which reads 'climate emergency'

Campaigners against a proposed third runway at Heathrow Airport outside the Supreme Court

Campaigners against a proposed third runway at Heathrow Airport outside the Supreme Court

Plan B Earth lawyer breaks embargo on Supreme Court ruling a DAY earlier 

Tim Crosland, a lawyer and director of Plan B Earth, broke an embargo on the Supreme Court's ruling.

In a statement issued yesterday, Mr Crosland said he was breaking the embargo in protest at the ruling and was prepared to 'face the consequences'.

He said: 'I have taken the decision to break the embargo on that decision as an act of civil disobedience.

'This will be treated as a 'contempt of court' and I am ready to face the consequences.

'I have no choice but to protest the deep immorality of the court's ruling.'

Mr Crosland said he intends to challenge the Supreme Court's ruling at the European Court of Human Rights.

He said he will also urge the Government to conduct a review of the Airports National Policy Statement on the basis the UK's current 'net-zero' target on carbon emissions is a 'fundamental change of circumstances' since the original decision to approve airport expansion was made in 2018.  

'Commercial interests have won out over the protection of our planet and the wellbeing of future generations.' 

John Stewart, who chairs anti-Heathrow expansion group Hacan, said there 'remains real doubt over whether the third runway will ever see the light of day'.

He argued that 'recovery is all that is on Heathrow's mind right now' after the west London airport saw flight numbers plummet 90 per cent this year due to the hated pandemic. 'A third runway remains no more than a distant and uncertain prospect,' Mr Stewart added. 

Caroline Russell AM, chairwoman of the London Assembly Environment Committee said: 'Today's Supreme Court decision on Heathrow Airport is a huge disappointment.

'For years, the London Assembly along with other groups and local residents have routinely campaigned against the expansion of Heathrow Airport on grounds of noise and air pollution.

'Heathrow is already the largest single emitter of carbon dioxide in the UK and is responsible for more CO2 emissions from international, scheduled passenger flights than any other airport globally.

'Expansion is utterly incompatible with tackling the climate emergency and meeting targets set out in the Paris Agreement.' 

Greenpeace UK's executive director John Sauven said: 'Heathrow Ltd have squeaked out a belated legal win but history has moved on.

'Now the ball is in the Government's court, it's hard to imagine Boris Johnson wanting to resurrect a project that makes no business or environmental sense.

'With a UK-hosted climate summit just a year away, the Government should draw a line under this sorry saga.' 

Paul McGuinness, who chairs the No 3rd Runway Coalition, said the ruling 'may yet prove irrelevant with so much having changed since Heathrow was recommended for expansion'. 

Will Rundle, head of legal at Friends of the Earth, said: 'This judgment is no 'green light' for expansion.

A panel of five justices at the UK's highest court allowed Heathrow to expand by building the controversial third runway after the Court of Appeal declared the plans were unlawful

A panel of five justices at the UK's highest court allowed Heathrow to expand by building the controversial third runway after the Court of Appeal declared the plans were unlawful

'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.' 

Caroline Russell, Green Party transport spokesperson and London Assembly member, said: 'Heathrow expansion would be a disaster for London.

'It already disrupts the health and quality of life of more than three times as many people as any other airport in Europe. Neither Londoners nor the planet can afford to see its size and damage grow.'

Richard Fremantle, who chairs pressure group Stop Heathrow Expansion, said: 'It is official - 2020 is the worst year ever. Our climate is in a desperate state, our communities are going into yet another Christmas with Heathrow's blight hanging over their heads. 

'It is now down to this Government to call Heathrow's bluff and end this miserable project once and for all.'

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