The Supreme Court has overturned the ban on progressing with the £14bn proposals to build the third runway at Heathrow Airport
The third runway at Heathrow Airport was previously blocked by the Court of Appeal, who said the government’s airports strategy didn’t meet UK climate targets.
The Supreme Court has now ruled that it was based on previous, less strict, climate targets at the time it was agreed.
A Heathrow spokesperson said: “This is the right result for the country, which will allow Global Britain to become a reality.
“Only by expanding the UK’s hub airport can we connect all of Britain to all of the growing markets of the world, helping to create hundreds of thousands of jobs in every nation and region of our country.
“Demand for aviation will recover from Covid, and the additional capacity at an expanded Heathrow will allow Britain as a sovereign nation to compete for trade and win against our rivals in France and Germany.
“The ruling recognises the robust planning process that will require Heathrow to prove expansion is compliant with the UK’s climate change obligations, including the Paris Climate Agreement before construction can begin.
“The government has made decarbonising aviation a central part of its green growth agenda, through wider use of Sustainable Aviation Fuel as well as new technology.
“We will now consult with investors, government, airline customers and regulators on our next steps.”
Industry reaction
Eleanor Reeves, partner at law firm Ashurst, said: “Although Heathrow Airport Ltd has ultimately succeeded, this judgment is unlikely to dissuade campaigners from finding fruitful grounds for legal challenge against other major infrastructure projects because of the inherent tensions arising from sustainable development.
“Such is the pace of change, that between the hearing and the judgment being handed down, the government announced its commitment to meeting enhanced net-zero emissions targets, following the CCC’s recommendations for the UK’s first net-zero interim carbon budget.
“There will be continued pressure on approving major projects in line with these overarching climate targets. The third runway will also remain in the spotlight, because whilst this was a strategic challenge against the Airports NPS, scrutiny against climate targets will continue throughout the consenting processes.”
Hannah Vickers, chief executive of the Association for Consultancy and Engineering (ACE), commented: “The carbon challenges for the aviation sector are well understood, but expansion at Heathrow is not necessarily incompatible with a carbon-free future. These kinds of decision need to be made as part of a comprehensive net-zero strategy for the country, not taken in isolation.
“Today’s court ruling does mean that the major project is one step closer however, and the £14bn plan is proof that private investment can play a key role in our economic recovery.
“The core take-away is that we should update our National Policy Statements to ensure they are compatible with net-zero ambitions. This would ensure the right future infrastructure projects can proceed with confidence while avoiding unnecessary uncertainty and legal delays.”
