Legal challenge to Luton Airport expansion set to be heard in High Court

The challenge is being brought by campaign group Luton and District Association for the Control of Aircraft Noise (LADACAN), which argues that development consent for the expansion was unlawfully granted earlier this year.

Plans for the airport expansion were submitted in February 2023, proposing a new terminal aimed at doubling the airport’s annual passenger numbers. 

In May 2024 following an examination period, planning inspectors concluded in their report that the proposed benefits did not outweigh the environmental harms, and recommended that development consent should not be granted. 

However, in April 2025 Transport Secretary Heidi Alexander granted development consent for the planned expansion. 

 The following month, LADACAN launched its legal challenge opposing the decision to grant development consent. The group says that plans for expansion do not properly assess the likely direct and indirect effects it would have on climate change. 

In August 2025, LADACAN was granted permission to bring its judicial review challenge to the High Court. It will be heard on the following grounds: 

• There was an error in law in that greenhouse gas emissions from inbound flights were excluded from the environmental impact assessment (EIA).  
• There was a lack of consistency in approach between the Luton Airport decision and the process for approving Gatwick Airport’s expansion.
• There was an error of law in that the likely significant impacts of non-carbon dioxide emissions were excluded from the environmental impact assessment.
• There was an error of law in concluding that the government’s duty under the Climate Change Act 2008 to adopt policies and procedures to help reach net zero was a ‘pollution control regime’.
• There was a failure to comply with duties under the Countryside and Rights of Way Act 2000, which require that developments in an area of outstanding national beauty must seek to further the conservation and natural beauty of the area.

Judgment is expected to be reserved. 

Andrew Lambourne, chair of LADACAN, said: 

“The increasing costs of climate change damage are obvious. The government has been urged by its Environmental Audit Committee and the Climate Change Committee not to proceed with airport expansion until it can demonstrate how its expansion plans accord with legally binding net zero commitments. Yet it has failed to show that the claimed benefits of airport expansion outweigh the negative climate impacts and the balance of trade deficit in tourism. Nor is there a proven pathway to reducing carbon emissions from aviation. Overruling Planning Inspectors for poorly evidenced benefits is reckless and irresponsible.” 

Leigh Day partner Ricardo Gama, who represents LADACAN, said: 

“Our clients are looking forward to a judge having the opportunity to review whether in granting planning permission for a near doubling of passenger capacity at Luton Airport, the Transport Secretary failed to comply with her duties under environmental legislation. While growth may be a political objective, it cannot come at the expense of important environmental checks and balances.”