Can judicial review stop night flights?

9:57am Monday 19th February 2007

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A judicial review is to be launched by the council and other authorities to try and overturn the current night flights regime at Heathrow Airport.

A High Court Judge gave permission this week for the legal challenge to go ahead and it is set to be heard in the High Court in May or June.

If successful, the government could be forced to scrap the current night flights regime at the airport.

At present about 16 flights, mostly jumbo jets, land at Heathrow during the "night quota period" from 11.30pm to 6am. But a concentration of planes land between 6am and 7am, when the cap on night flights does not apply, although this hour is still "night" according to EU law.

The judicial review is being spearheaded by councils belonging to the new 2M Group, an alliance of 12 authorities representing two million residents affected by Heathrow air noise.

In addition to Hounslow council, the councils involved include Richmond. Wandsworth, Ealing, Hillingdon, Merton, Kensington Chelsea and Hammersmith and Fulham.

Leader of Hounslow Council, Councillor Peter Thompson, said: "We fully support this move and continue to campaign against night flights."

But he added: "We are not perhaps quite convinced that the legal avenue is the best one to take."

John Stewart, chairman of anti-Heathrow expansion group HACAN Clearskies, said it did not get in on the court action because the costs of losing can be very high.

He said: "But we are 100 per cent behind their action and it shows that just by the fact they have been given permission to go to the High Court must mean the government would be a bit worried."

Every five years the government enters into a new agreement with airliners. The last night flights regime was set in October 2006 and will run until October 2012.

He said the councils will challenge the agreement because it contradicts the government's 2003 Aviation White Paper promise that it would bear down on noise'.

Hounslow Council and its partners in the judicial review case will argue there is no evidence that the government is trying to improve on night flights.

Mr Stewart added: "It may not get any worse between now and 2012, but it's sure not going to get much better."

Judicial reviews allow for challenges to be taken to the High Court against a decision made by a public body. The court actions can result in the public body - in this case the Government - being ordered by the court to reconsider or change its decision.