Heathrow expansion lawful, Justices rule

The court unanimously overturned the Court of Appeal’s decision in February, which found the government had failed to take account of the Paris Agreement on Climate Change, which the UK ratified in 2016. The Paris Agreement enshrines an aspiration to achieve net zero greenhouse gas emissions during the second half of the 21st century.

The decision, in R (Friends of the Earth & Ors) v Heathrow Airport [2020] UKSC 52, means Heathrow can now proceed to seek planning permission.

However, the judgment notes that ‘since the designation of the Airports National Policy Strategy, the statutory target has been made more stringent. The figure of 100% was substituted for 80% in s 1 of the Climate Change Act 2008 by the Climate Change Act 2008 (2050 Target Amendment) Order 2019/1056’.

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

‘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.

‘With ever stronger climate policy commitments that Heathrow must meet, it remains unlikely it will ever get planning permission for the third runway.’

Rowan Smith, solicitor at Leigh Day, which acted for Friends of the Earth, said: ‘Given those obligations and targets have become much more challenging since the Airports National Policy Strategy was designated and are only expected to get tougher, especially in light of the advice by the Committee on Climate Change that, in order to meet Net Zero Target, there should be no net increase in airport capacity, this judgment represents a huge advancement in our client’s continuing battle against the third runway and the climate catastrophe facing the world.’