High Court to hear judicial review challenge over approval of London Luton Airport expansion

The project would allow for an increase from 19 million passengers per annum (“mppa”) to 32mppa. It would also see the construction of a new passenger terminal and additional aircraft stands.

The Secretary of State for Transport, Heidi Alexander, granted development consent in April this year. Planning inspectors had previously recommended refusal.

The claimant, Luton and District Association for the Control of Aircraft Noise (“LADACAN”), will advance five grounds of challenge before Mrs Justice Lang.

Law firm Leigh Day, which is acting for LADACAN, said these grounds are: 

• There was an error in law in that greenhouse gas emissions from inbound flights were excluded from the environmental impact assessment (EIA).  
• There was a lack of consistency in approach between the Luton Airport decision and the process for approving Gatwick Airport’s expansion.
• There was an error of law in that the likely significant impacts of non-carbon dioxide emissions were excluded from the environmental impact assessment.
• There was an error of 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’.
• There was a failure to comply with duties under the Countryside and Rights of Way Act 2000, which require that developments in an area of outstanding national beauty must seek to further the conservation and natural beauty of the area.

Leigh Day partner Ricardo Gama, who represents LADACAN, said: “Our clients are looking forward to a judge having the opportunity to review whether in granting planning permission for a near doubling of passenger capacity at Luton Airport, the Transport Secretary failed to comply with her duties under environmental legislation. While growth may be a political objective, it cannot come at the expense of important environmental checks and balances.” 

Gama has instructed Estelle Dehon KC, Ruchi Parekh, and Hannah Taylor of Cornerstone Barristers to act for LADACAN.

The airport is run by Luton Rising, which is the trading name of London Luton Airport Limited, a company owned by Luton Council.