Judgment on White Paper legal challenge
18th February, 2005
The result of the Judicial Review into the aviation White Paper was announced at the High Court today (18 Feb). The result has been described as a “score draw”, with the judge finding in favour of the community groups on Luton and Stansted, but in favour of the government on Heathrow and on commercial viability.
The result of the Judicial Review into the aviation White Paper was announced at the High Court today (18 Feb). There were in fact 4 different cases heard:
- Government too prescriptive about position of second runway at Stansted
- Lack of consultation about ‘runway alternation’ at Heathrow
- Extra runway at Stansted not commercially viable (as opposed to Heathrow)
- Lack of consultation about massive expansion at Luton
The result has been described as a “score draw”, with the judge finding in favour of community group and local authorities on two cases and against them on the other two.
The judge found in favour of the community groups at Stansted, who claimed that the White Paper was too prescriptive about the position of a second runway. However, he found against them on the issue of commercial viability.
On Heathrow, the judge ruled against the community groups and in favour of the government on lack of consultation about ‘runway alternation’.
On Luton, the judge ruled in favour of community groups on the lack of consultation about massive expansion.
AEF will the studying the judgments and will issue comments shortly. One point is however worth making. It is thought unlikely that the government will have to re-consult formally, as it did after the legal challenges to the consultation leading up to the White Paper.