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Heathrow Expansion: Court of Appeal Judgment

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Thursday, 27 February, 2020
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HMG

Dear Colleague,


Heathrow expansion: Court of Appeal judgment


I am writing to update you on today’s judgments from the Court of Appeal on the Airports National Policy Statement. I know many Colleagues across the House have strong feelings on the matter of expansion at Heathrow, and I want to keep you informed of continuing developments.


Our airports are national assets and the expansion of capacity is a core part of boosting our global connectivity. This in turn will drive economic growth for all parts of this country, connecting our nations and regions to international markets, levelling up our economy and supporting a truly Global Britain.


We are also a Government that is committed to a greener future. This Government is acting to tackle climate change and we are the first major economy in the world to legislate for net zero emissions by 2050.
The Court of Appeal ruled today that, when designating the Airports National Policy Statement, which was backed by Parliament, the previous Government did not take account of the Paris Agreement, non-CO2 emissions and emissions post-2050.


We have always been clear that Heathrow expansion is a private sector project which must meet strict criteria on air quality, noise and climate change, as well as being privately financed, affordable, and delivered in the best interest of consumers. The Government has taken the decision not to appeal this judgment. The promoters of the scheme will be able to seek permission from the Supreme Court to appeal if they wish.


As part of its judgment, the Court has declared that the Airports National Policy Statement is of no legal effect unless and until the Government carriesout a review under the Planning Act 2008. The Court’s judgment is complex and requires careful consideration.


As indicated above, the Government lost the case on only one aspect, climate change. The Government won on all the remaining grounds – strategic environmental assessment (noise and local plans), habitats and the treatment of the rival Heathrow Hub scheme.


Colleagues may be interested to note that my Department will shortly be bringing forward a consultation on aviation and climate change. While aviation is a challenging sector to decarbonise, the global aviation emissions offsetting scheme, sustainable aviation fuels, greenhouse gas removal technology and eventually, electric net-zero planes, will all play their part in aviation’s sustainable future. This will be aided by our Air Traffic Management and Unmanned Aircraft Bill which is currently before Parliament, along with the nearly £2 billion that we are investing into aviation research and technology.


We will set out our next steps in due course.


Yours ever,
Rt Hon Grant Shapps MP
SECRETARY OF STATE FOR TRANSPORT

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