To receive a verbal update on the legal challenge to the Heathrow National Policy Statement.

The Chairman read out some notes provided by Chris Nash. Unfortunately, not much detail was provided as much of the content of the challenge was still being legally privileged.

The information that Chris Nash had provided was as follows:

1. Government had confirmed on 25^th June 2018, their support for the construction of a third runway at an expanded London Heathrow Airport through a vote in the House of Commons.

2. Following this vote, the Secretary of State designated the Airports National Policy Statement (NPS), opening a six week legal window, closing on 6^th August 2018; during which claimants would be able to bring forward a challenge to the scheme. Such a challenge would be in the form of a judicial review (JR) and would be designed to hold government to account over the legalities of the scheme proposed – principally the impacts of deteriorating air quality and associated impacts.

3. Advice from our Counsel, Nigel Pleming QC, was being provided to partners of the previous four borough group (RBWM, LB Hillingdon, Richmond and Wandsworth), and the new partners in LB Hammersmith & Fulham, Greenpeace and the Mayor of London.

4. It was the opinion of Counsel that our principal showstopper argument on air quality remained from previous action taken in January 2017, with an acknowledged small risk that such arguments could be further deferred by a judge to within a later planning process.

5. Other grounds put forward within our case related to:
   1. Inadequate Surface Access Considerations
   2. Failures to meet the requirements in the habitats directive
   3. Climate Change Obligations
   4. Failure to meet Strategic Environmental Assessment Requirements
   5. And failure in the manner the consultation was undertaken.

6. RBWM, through consideration by members accepted the recommendation to pursue action on this basis, so that the correct environmental tests could be formalised, upon which the scheme could be judged/rejected. As such our case was put forward to the High Court by the deadline, together with a series of witness statements from various experts and those with experience of aspects associated with expansion.

7. The cost of this action was likely to be in the region of £100,000 and as such the decision was not taken lightly. Officers will be in frequent communication with our legal team at Harrison Grant to ensure that this exposure can be minimised.

8. It should be noted that, dependent on the government’s formal response, a court hearing is likely to occur at the end of 2018, or at the beginning of 2019.

This timescale was expected to be confirmed in the coming month, with further communications to follow.

The Forum raised the following points:

·         There was no national airspace strategy and national airspace had not been agreed yet but still agreeing to proceed. Many things needed to be put into place before moving forward.

·         The infrastructure, both physical and structural and community wise had not been highlighted sufficiently. RBWM already had enormous problems with planning and by Heathrow increasing its activity by 24%, this would make them worse. The roads, rails, rivers and the powergrid, all had to be altered and a lot of movement would move to the west of the corridor towards Colnbrrok and Wraysbury.

·         The Waste and Minerals plan had already been discussed and permission had been given to one cement yard near Heathrow.

·         The state of art facility at Lakeside, Grundig, was a very efficient site, generating a lot of energy that was used many local authorities. This site had not been included in any plans to date. The owners wanted a like for like site but this had not yet been included in any plans.

·         A site in Old Windsor had been identified as an open gravel pit to make the new runways and fill soft spots on Ham Island. This would totally destroy the quality of life of the residents. The transportation would be difficult. It was proposed that it would be filled and made into agricultural land. This was proposed for Wraybury and Horton too.