Airlines consider judicial review in battle over Heathrow third runway plans

Airlines and businesses are considering a fresh legal battle over Heathrow’s proposed third runway, raising the prospect of another major challenge to one of the UK’s most controversial infrastructure projects.

According to reports, opponents of the expansion are building a substantial war chest – said to be worth hundreds of millions of pounds – to fund a potential judicial review. The legal action would come as the government and Heathrow press ahead with plans for the £33 billion project, which is intended to increase the airport’s capacity substantially.

Why airlines are considering legal action

The latest legal dispute centres partly on how the costs of expansion will be financed. Airlines and businesses have already objected strongly to Heathrow recovering early development expenses from passengers through higher airport charges.

In July, the Civil Aviation Authority allowed Heathrow to recover up to £320 million spent on planning and developing its expansion proposals. The costs are expected to be passed on to airlines and, ultimately, passengers through higher fares.

The airlines’ concerns have intensified after Heathrow indicated that it could seek a significant sum in early funding from passengers to help finance the project. IAG, the owner of British Airways, along with Virgin Atlantic, has argued that passengers should not be required to finance a scheme before it has received final approval or begun operating.

One issue under consideration is whether the government gave sufficient consideration to alternative expansion proposals. The privately owned Arora Group had proposed an alternative runway expansion scheme that it said would cost £25 billion to deliver.

The scheme offered a shorter runway and significantly lower construction costs, yet the government ultimately selected Heathrow Airport Limited’s proposal as its preferred expansion option.

Heathrow’s third runway – good or bad for Britain?

The proposed expansion would involve a new north-west runway, additional terminal capacity, and major infrastructure works, including diverting part of the M25.

Speaking about the project and a potential judicial review, a Heathrow spokesperson told ADS Advance, “Dozens of options have been scrutinised and assessed over the decades, including most recently by the Government, which chose Heathrow’s proposal as the basis for the new national policy statement.”

“The focus now should be on delivering the stronger hub airport the UK needs. One which connects more passengers, businesses, and every region to the world and keeps the whole country internationally competitive.”

“Trade unions, businesses, business groups and regional airports all back Heathrow’s proposal because it is 100% privately funded, will lower fares, deliver growth, deliver billions of pounds of investment into regional supply chains and create tens of thousands of new jobs nationwide,” the spokesperson concluded.  

However, opponents argue that the economic benefits are overstated and that the expansion could shift passengers and jobs away from airports and regions elsewhere in the UK.

Environmental and community concerns have also remained significant, with campaigners highlighting noise, emissions, demolition and the impact on nearby communities.

What lies ahead for Heathrow’s third runway?

The government is currently consulting on changes to the national policy framework governing Heathrow expansion, while Heathrow continues preparing its planning application. The project is intended to deliver first flights from the new runway by 2035.

A judicial review would add another layer of uncertainty to a project that has already faced years of political, environmental, and legal opposition. With billions of pounds at stake, airlines appear increasingly willing to challenge the plans in court if they believe the regulatory and financial arrangements put too much risk on carriers and passengers.

The Heathrow battle, therefore, is far from over. Even if political support for a third runway remains strong, the threat of legal action could once again delay the airport’s long-awaited expansion.