High Court overturns Heathrow third runway decision

The government's decision to back the building of a third runway at Heathrow Airport must be reconsidered, the High Court has ruled.

Giving judgment in R (on the application of the London Borough of Hillingdon and others) v Secretary of State for Transport [2010] EWHC 626 (Admin), Lord Justice Carnwath said it was 'untenable' for the government to argue that its policy of support for the runway had been finally determined in 2003.

He said: '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.'

Carnwath LJ said the preparation of the Airports National Policy Statement under the 2008 Act would involve a review of all the policy issues and the climate change strategy.

'On the basis of the intentions of the secretary of state and BAA, as presently understood, the 2008 Act provides a complete legal framework for consideration of all the issues on which the claimants rely.'

Carnwath LJ adjourned the hearing of submissions on remedies.

Following the ruling, transport secretary Lord Adonis reaffirmed the government's support for expansion, stating that Heathrow Airport was currently operating at full capacity.

Lord Adonis said: 'A new runway at Heathrow will help secure jobs and underpin economic growth as we come out of recession. It is also entirely compatible with our carbon reduction target, as demonstrated in the recent report by the committee on climate change.'

Transport for London joined six councils, residents and green groups in the campaign against Terminal Five.