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A legal challenge to the expansion of Luton airport has been lodged by a local campaign group.
The Luton And District Association for the Control of Aircraft Noise (LADACAN) argues that consent for the proposed development was granted unlawfully.
The community group claims transport secretary Heidi Alexander ignored the recommendation of national planning inspectors to refuse development permission.
Signalling the start of the Judicial Review process, campaign group also claim plans for the expansion “failed to include adequate environmental assessments”.
Detailed examination of the proposals took six months, and the inspectors’ report concluded that the economic benefits of a new terminal aimed at doubling the airport’s annual passenger numbers to 32 million did not outweigh the environmental harms.
Despite this, the government granted consent for the development in April.
LADACAN argues that this decision was not lawful, saying that the plans fail to fully assess the likely direct and indirect effects that the development would have on climate change, and fail to set out what would be done to mitigate this.
In a letter to Alexander, the group called on the government to accept that the decision was unlawful.
It also pointed a “lack of consistency” between the Luton decision and the approach taken in the assessment of expansion of Gatwick, which has been delayed while improvements are made to plans to being a second runway into regular operation to address environmental concerns.
Leigh Day, partner a law firm Ricardo Gama, who represents LADACAN, said: “Our client’s position is that the Secretary of State should not have overruled the recommendation of the expert National Planning Inspectors by granting expansion of Luton airport, in light of climate change and other harmful impacts of the development.
”They believe that growth at the expense of everything else, including the government’s net zero obligations, has longer term costs which outweigh any benefits.
We hope that the secretary of state will reconsider her decision in light of our letter.”
LADACAN chair Andrew Lambourne said: “Everyone can see the worsening effects of climate change, and it’s obvious that storms, floods and wildfires lead to huge costs.
“These costs damage the UK economy, so the government should be taxing carbon-intensive activities such as frequent flying, rather than encouraging it.
“Sustainability, climate costs and quality of life must be properly weighed when assessing development proposals.”
A Department for Transport spokesperson said it was unable to comment due to "ongoing legal proceedings".
A Luton airport spokesperson said: “Luton Rising’s growth plans for London Luton airport balance the significant economic growth opportunity for the UK with some of the most robust and comprehensive commitments to sustainability introduced at a UK airport.
"This includes a legally binding and independently monitored framework with limits on noise, air quality, airport carbon emissions and surface access.
"The plans will deliver one of the largest construction programmes for the town and wider region in recent years, creating up to 11,000 new jobs and unlocking an additional £1.5 billion in the economy every year.”