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Court of Appeal finds Airports National Policy Statement unlawful (Plan B Earth v SoST)

Published on: 28 February 2020

Table of contents

  • What are the practical implications of this case?
  • What is the legal and policy background to the case?
  • Planning Act 2008
  • Climate change
  • What is the factual background to the case?
  • What did the court find?
  • Breach of PA 2008, s 5(8)
  • Breach of PA 2008, s 10
  • Breach of SEA Directive
  • Non CO2 impacts and emissions beyond 2050
  • More sections of this document available when you sign-in to Lexis+ or register for a free trial.

Article summary

Planning analysis: In Plan B Earth v SoST, the Court of Appeal decided that the designation of the Airports National Policy Statement (ANPS), which supports the expansion of capacity at Heathrow Airport by the addition of a third runway, was unlawful. The ANPS is now of no effect until reviewed by the Secretary of State for Transport (SoST).

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