So called “blockers” to major transport projects will be cleared in a move that looks set to curb challenges to airport expansions across the region, the Government has announced.
Prime minister Sir Keir Starmer wants to curtail legal challenges to major decisions in what the Government describes as “unarguable cases” they say can cause “years of delay and hundreds of millions of cost to projects that have been approved by democratically elected ministers.”
Instead, the legal system will be overhauled with campaigners given just one attempt at a legal challenge for “cynical cases lodged purely to cause delay rather than three”.
The move could have huge implications for the Surrey and Hampshire area, especially concerning Farnborough Airport’s plans to increase the number of private jets using the facility.
It comes after reports the chancellor Rachel Reeves said she was prepared to face down critics of plans to expand Heathrow Airport and Gatwick – arguing economic growth outweighed other concerns.
The Government has said this would balance the need for ongoing access to justice against what it describes as a “challenge culture” where small pressure groups obstruct decisions taken in the national interest.
Prime Minister Keir Starmer said: “For too long, blockers have had the upper hand in legal challenges – using our court processes to frustrate growth.
“We’re putting an end to this challenge culture by taking on the NIMBYs and a broken system that has slowed down our progress as a nation.
“This is the government’s Plan for Change in action – taking the brakes off Britain by reforming the planning system so it is pro-growth and pro-infrastructure.
“The current first attempt, known as the paper permission stage, will be scrapped.
“Primary legislation will be changed so that where a judge in an oral hearing at the High Court deems the case Totally Without Merit, it will not be possible to ask the Court of Appeal to reconsider.
“To ensure ongoing access to justice, a request to appeal second attempt will be allowed for other cases.”
Heathrow has said it would wait until formal plans before commenting but that it strongly believed in its “vital role for the UK economy” and its long-held belief that expanding capacity at the UK’s hub airport was critical for economic growth.
A Heathrow spokesperson said: “Heathrow is the best-connected airport in the world.
“That competitive advantage for UK plc already enables over £200 billion of British trade annually.
“But growing the economy means adding capacity at the UK’s hub airport which is full.
“That’s why we’re planning to unlock capacity by improving and upgrading our existing infrastructure, while also looking at potential options to deliver a third runway at Heathrow in line with strict tests on carbon, noise and air quality.”
Stewart Wingate, chief executive of London Gatwick said: “We can be a major part of the Government’s drive for growth.
“We are already contributing over £5.5billion to the UK economy and supporting over 76,000 jobs, but unless we can access greater airport capacity the UK will miss out on opportunities to enhance global connectivity and unlock further opportunities for trade, tourism and job creation.
“Bringing our Northern Runway into routine use, through a £2.2 billion privately financed, shovel-ready investment will create 14,000 jobs and generate £1 billion a year in economic benefits.
“The project, which is due for government approval early next year, could be operational by the end of the decade.
“We have put forward a strong and compelling case focused around making best use of our existing infrastructure, minimising noise and environmental impacts and meeting the four ‘tests’ for airport expansion set by Labour.”
The average legal challenge takes about 18 months to resolve and more than half of of all major infrastructure decisions were taken to court.
Paul Beckford, the chairperson of the HACAN clear-skies campaign group challenges the notion that expanding the airport would bring the craved-for growth.
He says that at best it could bring in £3.3 billion over 60 years and that 75 per cent of passengers using a third runway would likely be transfer passengers “who contribute nothing to the economy”.
He also said that Heathrow expansion would not be in a vacuum and instead “suck growth” from the regions.
Government’s own figures show that a third runway at Heathrow would suck growth from the regions, citing Department for Transport Aviation Forecasts that suggested “expansion at Heathrow would see 170,000 fewer flights per year from regional airports than if expansion does not take place”.
Mr Beckford said: “Local communities around Heathrow represent nearly a third of all people across Europe exposed to levels of aircraft noise that harms their health.
“If Heathrow were to expand the Government would expose over two million people to increases in noise pollution in spite of a deepening evidence base of the negative health impacts, particularly at night.
“Such expansion would increase the emissions of the country’s single largest source of carbon by around 9million tonnes per annum, which is incompatible with the UK’s climate targets.
“It would be a failure of duty for any Government to put the health of their citizens at risk in the forlorn hope of generating growth when we know that the business case is marginal at best and 75 per cent of passengers using any third runway would contribute nothing to the UK economy.”
Sally Pavey, who chair the CAGNE group that opposes expansion of Gatwick airport call the government’s decision a disgrace that ignored public opinion in order to build a new runway by stealth.
She said: “If this story is true it opens the door to us communities concerned about the decline in our wellbeing to benefit the shareholders of Gatwick Airport.
“Any airport expansion shows a lack of understanding and priority placed by this government towards global warming and yet we see the signs constantly on the news of flooding, fires and rising temperatures.
“Aviation is one of the biggest polluters this planet suffers and yet a new runway would add extra carbon a year plus greenhouse gases, and there are no true decarbonising factors that will reduce this as with more planes comes more CO2 and noise.
“CAGNE has been at the forefront of opposing this new runway due to the lack of infrastructure, lack of workers, decline in air quality and unbelievable increase in noise as Gatwick would be as big as Heathrow today.
“Gatwick already has serious issues with noise and yet we were not allowed to include the modernisation of airspace that Gatwick is reliant upon to reach its economic growth goals with two runway operation.
“This is just one of the reasons we will be legally challenging a decision to allow a new runway at Gatwick.
“We have already started to fundraise to legally challenge a decision to allow two runway operations as there were so many flaws in the evidence provided by Gatwick at the DCO hearings, this news story, if factual, is just another reason to challenge a new runway decision.”
The debate surrounding the Farnborough Airport’s expansion took a new twist when it revealed it would postpone its expansion planning application until the summer of 2025.
Last week, the Farnborough Noise Group met to discuss its campaign against the airport’s expansion proposal, which members argue would significantly impact local residents, the environment, and public health.