High Court challenge to Luton Airport expansion

Luton and District Association for the Control of Aircraft Noise (“LADACAN”), an unincorporated association constituted to oppose the expansion of Luton Airport, brought a judicial review against the Secretary of State's decision to grant development consent to the expansion of London Luton Airport. This decision was taken in spite of the recommendation of planning inspectors that permission should not be granted. The following grounds of challenge will be considered in the High Court: 1. There was an error in law in that greenhouse gas emissions from inbound flights were excluded from the environmental impact assessment (EIA). 2. There was a lack of consistency in approach between the Luton Airport decision and the process for approving Gatwick Airport’s expansion. 3. There was an error of law in that the likely significant impacts of non-carbon dioxide emissions were excluded from the environmental impact assessment. 4. 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’. 5. 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.