Aviation Update: Written statement

Following the Court of Appeal ruling in R. (on the application of Heathrow Hub Ltd) v Secretary of State for Transport the Government has issued a written statement confirming that they have taken the decision not to appeal the judgment and that next steps will be announced in due course.

The statement confirms that the Court of Appeal ruled that when designating the Airports National Policy Statement, which was backed by Parliament, the previous Government did not take account of the Paris Agreement, non-CO2 emissions and emissions post 2050. The statement adds that the Government have always been clear that Heathrow expansion is a private sector project which must meet strict criteria on air quality, noise and climate change, as well as being privately financed, affordable, and delivered in the best interest of consumers. It adds that the Government has taken the decision not to appeal this judgment. The promoters of the scheme will be able to seek permission from the Supreme Court to appeal if they wish. As part of its judgment, the Court has declared that the Airports National Policy Statement is of no legal effect unless and until the government carries out a review under the Planning Act 2008. It states that the Court’s judgment is complex and requires careful consideration and next steps will be set out in due course.

Author: Department for Transport

Date: February 2020 Date of publication

This item updates DCP Section 26.431

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