Councils warn Prime Minister of legal action over Heathrow expansion

Four local authorities have written to the Prime Minister warning that they will bring legal action unless a third runway at Heathrow is ruled out.

Law firm Harrison Grant has sent the letter on behalf of Richmond, Hillingdon, Wandsworth and Windsor and Maidenhead Councils.

The firm, which acted for the councils in a 2010 High Court challenge over the Government's approach to the airport, argued that David Cameron cannot lawfully say yes to a third runway.

Harrison Grant claimed that “insurmountable environmental problems” would make a Government decision to support Heathrow expansion “irrational or otherwise unlawful”.

The letter suggested that the recommendations of the Airports Commission, which favoured building a third runway, “were based on a flawed assessment of the impacts on air quality and noise”.

The law firm also argued that the commission’s conclusions on air quality “were based upon an error of law” and proposals for reducing noise impacts rely on “mitigation measures which were speculative and have been wholly rejected by the industry as unworkable.”

The letter claimed that the Prime MInister had – through promises and policy commitments not to build a third runway – created a “legitimate expectation” among people living around the airport that the project would not go ahead.

The letter said: “A decision to favour Heathrow is unlawful because it would frustrate the legitimate expectations of the residents of the Boroughs, arising from years of clear and repeated promises by the Government that it had ruled out a third runway at Heathrow: “no ifs, no buts.” …

… “In the absence of rational grounds for thwarting and frustrating the prior representations and promises, there is an abuse of power correctable by the courts.”

Harrison Grant said the scheme now being considered was more damaging that the plan over which it brought a successful High Court action six years ago.

This was because the runway was longer by 1,300m and suitable for use by all aircraft, the number of ATMs [air traffic movements] predicted was higher by 38,000, and the land-take proposed was more extensive and more people were predicted to be affected by noise.

The law firm also accused the Government of conducting consultation that was “selective, inadequate and incomplete”.

Lord True, Leader of Richmond Council, said: “This letter is on behalf of the hundred thousand people who voted no in the referendum run by Richmond and Hillingdon and the millions of people across London who have said no to any expansion of Heathrow. We will consider any action, within the law, to fight against expansion at Heathrow. I urge the Government – take heed of our letter. Keep your promises. Let’s end this now rather than drag it out into the summer.”