The battle over whether Bristol Airport should be allowed to expand or not is going to extra time after campaigners who have been fighting against the plans launched a legal challenge to the Government.
The local campaign group Bristol Airport Action Network has decided to appeal to the High Court against the Government planning inspector’s decision which allows the airport to expand.
The campaigners will claim in court there were a ‘number of errors in law’ made by the Government planning inspector, who earlier this year overturned a decision by local planners to refuse the airport’s expansion plans.
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Depending on how far the legal challenge gets, it will mean a further delay to the airport’s plans for new terminal buildings which will allow the airport to handle a maximum of 12 million passengers a year.
Before the covid pandemic, the airport was dealing with around 8-9 million passengers a year, and currently has a licence to handle ten million passengers a year.
After a vociferous campaign by both environmental activists and local residents, councillors in North Somerset turned down the airport’s planning application in 2020. Although they had no power in making the decision because the airport is in North Somerset, Bristol’s city councillors also voted to voice their opposition to the plans, while the Mayor of Bristol Marvin Rees is a supporter of the airport’s plans, which he said would be a boost to the regional economy, and to plans for a mass transit system in Bristol itself. Metro Mayor Dan Norris voiced his opposition to the expansion and switched the West of England Combined Authority's position on the expansion after he was elected in 2021.
One of the co-ordinators of BAAN is former Bristol Green Party councillor Stephen Clarke. He said the legal challenge will try to show the Government planning inspector was wrong to over-ride the Government’s ‘legal obligation’ to move towards ‘Net Zero’ carbon emissions, in giving permission to the airport to expand.
“This decision is so damaging for the local people and the climate that it simply cannot be allowed to stand unchallenged,” he said. “By supporting Bristol Airport’s arguments, the inspectors have effectively agreed that the UK Government has policies which actually support airport expansion, despite the climate and ecological crisis and the UK’s legal obligation to reach net zero by 2050.
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“The inspectors report dismissed the enormous increase of carbon emissions as an issue, stating that the ‘climate was neutral in the planning balance’. In this one sentence, they effectively ignored expert climate change science & the overwhelming extra carbon emissions caused by the expansion.
“They also decided to completely ignore the parts of the North Somerset core local strategy that deals with climate change issues as well as the dozens of local residents who spoke passionately on the issue at the inquiry,” he added.
A spokesperson for Bristol Airport said they couldn't comment because they did not know the grounds for the appeal yet. “We have been made aware of BAAN CC's intention to challenge the recent Independent Planning Inspectors' decision but as we have received no indication of the grounds of any challenge, we are unable to comment further," she said.
Richard Baxter from BAAN said the group would be going for a ‘Statutory Appeal’, and try to convince the High Court there is a legal basis to challenge the inspector’s decision.
“We have only had a few weeks to consider what options of action were available to us and after legal advice we have opted to go for a Statutory Appeal,” he said. “We have been overwhelmed by the support for this move and our crowdfunder to cover legal fees has reflected this in raising over £20,000 in only a couple of weeks. Other individuals and organisations have also been generous in pledging money to support the challenge.
“Many people have been upset and concerned by the planning inquiry’s decision and so they have been moved to donate to fight this decision in the High Court. Their contribution is invaluable and we owe it to our supporters to fight for a just decision that places the wellbeing of the local community and the environment first,” he added.
Tarisha Finnegan-Clarke, from BAAN’s coordinating committee said the decision to grant planning permission was ‘outrageous’.
“This airport expansion is not wanted; nor is it needed,” she said. “We contest this outrageous decision on behalf of the local residents whose lives are already blighted by the airport and the many parish, town and city councils that have declared climate emergencies and have written statements of opposition throughout the process. In addition, campaigners are fearful that the growth of Bristol Airport puts the future of today’s youth in jeopardy.
“The Planning Inspector’s decision to expand will make our climate worse. It makes no sense to be increasing greenhouse gas emissions at a time when the science clearly states that we must be drastically reducing them.
“The existing cap of 10 million (ppa) allows for some growth; pushing for two million more passengers is just about profit at any cost. The Inspector’s decision has amplified a growing lack of trust in democratic processes as this decision has all but rendered local democracy meaningless,” she added.
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