Legal challenge launched by campaign group opposing Luton Airport expansion

Luton and District Association for the Control of Aircraft Noise (LADACAN) has taken the first step in a legal challenge against the Government following the Secretary of State’s decision last month.

It is arguing that the decision to award planning permission for a substantial increase in passenger capacity at the Luton site was unlawful.

LADACAN believes a judicial review process should take place to examine why the project was approved despite comments from inspectors calling for its rejection.

In an open letter sent to Heidi Alexander, Secretary of State for Transport (SoS), the group argues that economic benefits the new terminal will bring do not outweigh the environmental damage it will cause.

When plans for the new airport were announced in early April, the chair of Luton Rising, Paul Kehoe, said the scheme would create up to 11,000 new jobs, additional annual economic activity of up to £1.5bn, and up to an additional £13m every year for community projects.

Andrew Lambourne, chair of LADACAN, said: “Everyone can see the worsening effects of climate change, and it’s obvious that the damage it causes comes with huge costs. This in turn harms the UK economy, which suggests that the government should be dampening demand for carbon-intensive activities such as frequent flying, rather than encouraging it. Sustainability and quality of life must be properly weighed when assessing development proposals.”

LADACAN has also partnered with Leigh Day, a law firm which says it ‘champions the underdog’.

The group has identified five key areas of the agreement between the Government and decision-makers at Luton Airport it wants to challenge in court. More details of the group’s campaign and crowdfunding requests can be found online here.

Leigh Day partner Ricardo Gama, who represents LADACAN, said: “Our client’s position is that the Secretary of State should not have overruled the recommendation of expert planning inspectors by approving expansion of Luton Airport, in spite of climate change and other harmful impacts of the development."

A Luton Rising spokesperson said: “Luton Rising is aware of the prospective judicial claim from LADACAN against the Secretary of State for Transport’s decision on the DCO. Luton Rising has received a copy of the Pre-action Protocol Letter that was submitted to the Secretary of State on behalf of LADACAN and we are considering the grounds of challenge and determining our response and involvement in the legal case.”