Legal challenge launched over Luton Airport expansion plan

Campaigners have commenced the first steps of legal action against the government in relation to the proposed expansion of Luton Airport, arguing that development consent was “granted unlawfully”.

In a letter to Heidi Alexander, Secretary of State for Transport, signalling the start of the judicial review process, campaign group ‘The Luton and District Association for the Control of Aircraft Noise’ (LADACAN) claim the Secretary of State “ignored” the recommendation of national planning inspectors to refuse development permission, and that the plans for the expansion failed to include “adequate environmental assessments”.

Detailed examination of the expansion proposals began in August 2023 and took six months. The inspectors’ report was sent to the previous government.

The report concluded that the economic benefits of the proposals, aimed at expanding the airport’s passenger capacity via the construction of a new passenger terminal and additional aircraft stands, did not outweigh the environmental harms.

However, the Secretary of State granted consent for the development in April 2025.

Represented by law firm Leigh Day, LADACAN argue the decision was unlawful on the following grounds:

• The direct and indirect impacts of the development on climate change via greenhouse gases were incorrectly assessed, excluding emissions from inbound flights as well as emissions associated with the production and delivery of fuel.
• The plans for the development incorrectly rely on the ‘High Ambition’ scenario of the Jet Zero Strategy (JZS) – a strategy which is subject to ongoing legal challenge.
• There was an error in law in concluding that the government’s duty under the Climate Change Act 2008 to adopt policies and procedures to help reach net zero was a ‘pollution control regime’.
• It was wrongfully assumed that compliance with the JZS meant that the climate impact of the development had been addressed. This assumption was flawed as the JZS itself is reliant on the planning process and assessments by planning decision makers.
• There was a lack of consistency between the Luton decision and the approach taken in the Gatwick Airport expansion assessment, which has been delayed while improvements are made to the plans to address environmental concerns.

A Department for Transport spokesperson said it was unable to comment due to "ongoing legal proceedings" but described the Secretary of State’s decision to approve the plans as having followed “careful consideration”.

Luton Rising, the airport's owner which is owned by Luton Borough Council, said: “Luton Rising is aware of the prospective judicial claim from LADACAN against the Secretary of State for Transport’s decision on the DCO. Luton Rising has received a copy of the Pre-action Protocol Letter that was submitted to the Secretary of State on behalf of LADACAN and we are considering the grounds of challenge and determining our response and involvement in the legal case.”

Leigh Day partner Ricardo Gama, who represents LADACAN, said: “Our client’s position is that the Secretary of State should not have overruled the recommendation of expert planning inspectors by approving expansion of Luton Airport, in spite of climate change and other harmful impacts of the development. They believe that growth at the expense of everything else, including the government’s net zero obligations, has longer term costs which outweigh any benefits. We hope that the Secretary of State will reconsider her decision in light of our letter.”

LADACAN is crowdfunding its legal case via CrowdJustice.

Lottie Winson