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Heathrow expansion: What is the third runway plan?

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The Supreme Court has reversed a decision to block plans for a controversial third runway at Heathrow Airport.

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Case ID: UKSC 2020/0042

Issue

Did the Secretary of State's failure to take account of the UK's climate change commitments under the Paris Agreement render the designation of the Airports National Policy Statement favouring the development of a third runway at Heathrow Airport unlawful?

Facts

On 26 June 2018, the Secretary of State for Transport designated the Airports National Policy Statement ("ANPS") under section 5(1) of the Planning Act 2008. The ANPS supports the development of a third runway at Heathrow Airport to deliver additional hub airport capacity in the South East of England.

On 12 December 2015 the UK government adopted the Paris Agreement on Climate Change, which enshrines an aspiration to achieve a net zero greenhouse gas emissions level during the latter half of the 21st century. The UK ratified the Paris Agreement on 17 November 2016.

The respondents (and others) challenged the ANPS on the basis of its failure to take account of the Paris Agreement. The High Court dismissed their application for judicial review, but the Court of Appeal allowed their appeal and held that the ANPS was unlawful. The appellant now appeals to the Supreme Court.

Appellant(s)

Heathrow Airport Ltd

Respondent(s)

R (on the application of Friends of the Earth Ltd and others)

Justices

Lord Reed, Lord Hodge, Lady Black, Lord Sales, Lord Leggatt

Hearing start date

07 Oct 2020

Hearing finish date

08 Oct 2020

Judgment details

Judgment date

16 Dec 2020

Neutral citation

[2020] UKSC 52

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R (on the application of Friends of the Earth Ltd and others) (Respondents) v Heathrow Airport Ltd (Appellant) - The Supreme Court

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Case ID: UKSC 2020/0042 Issue Did the Secretary of State's failure to take account of the UK's climate change commitments under the Paris Agreement render the designation of the Airports National Policy Statement favouring the development of a third runway at Heathrow Airport unlawful?

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Climate Change Act - What is it and how did it come about? 

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Climate Change Act - What is it and how did it come about? 