Griffin, R (on the application of) v London City Airport Ltd.

A long-term environmental target does not, without more, establish a relevant change in planning policy. A local planning authority should apply existing national policy and avoid speculating about how the target may later be implemented.

Whether neighbouring authorities must be consulted may rationally be assessed using scientifically prepared noise contours and an appropriate threshold.

The claimant sought judicial review of Newham London Borough Council’s decision to vary planning conditions governing London City Airport, increasing permitted annual flights to 120,000.

She alleged that the Council had failed to consider a change in Government policy on aviation emissions and had failed to consult Waltham Forest, Redbridge and affected residents. The issues concerned the relevance of the 2050 emissions target and the scope of domestic and environmental consultation duties.

1. Ground 1 dismissed. The Air Transport White Paper remained the applicable policy statement. The 2050 aviation-emissions target did not expressly or impliedly impose a limit on increased capacity at London City Airport. The Council had properly considered environmental consequences under the existing policy framework.
2. The Council was not required to devise or speculate about future national policy before receiving the Committee on Climate Change’s requested advice.
3. R (London Borough of Hillingdon & Ors) v Secretary of State for Transport & Anr [2010] EWHC 626 (Admin) did not assist because it concerned climate-policy developments relevant to a future Airports National Policy Statement, rather than an interim local planning decision.
4. Grounds 2 and 3 dismissed. The Council could assess whether development was likely to affect neighbouring land by reference to scientifically prepared noise contours and a 57 dB LAeq, 16h threshold. The decision not to consult Waltham Forest or Redbridge was not irrational.
5. No breach of the alleged public-participation duties under article 6.4 of Council Directive 85/337/EEC or regulation 13 of the Town and Country Planning (Environmental Impact Assessment) Regulations 1999 was established. Any breach would not in any event have justified quashing the permission.
6. The application was refused.

First-instance judicial review in the Administrative Court. The application to quash Newham London Borough Council’s decision was refused.