Overview

On 26 March, the High Court gave judgment in the case of R (on the application of Hillingdon Borough and others) v Secretary of State for Transport - a judicial review of the Government's decision to continue its support for the construction of a third runway at Heathrow Airport. The subject is one of some controversy, not least because in the run-up to a general election, the main parties remain divided on the issue.

The High Court held that the Secretary of State had failed to take into account material considerations when making his decision. The judgment is yet another example of Government decisions being held to be unlawful due to failures surrounding the consultation process.

The expansion of Heathrow Airport to include a third runway has long been part of the Government agenda; with approval in principle of the proposal given back in 2003. This approval was stated to be conditional on noise limits, air quality limits and on improving public transport access to the airport.

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