§ Sir Brian MawhinneyTo ask the Secretary of State for the Environment, Transport and the Regions what implications the recent court ruling relating to the impact of the Human Rights Act 1998 on planning law will have on his powers to decide on the planning application for a fifth terminal at Heathrow. [144442]
§ Ms Beverley HughesOur general position was announced on 19 December 2000,Official Report, column 119W. The Heathrow terminal 5 decision will be handled in accordance with that statement.
As the statement explained, the existing primary legislation continues to apply and the Secretary of State has a duty to continue determining cases which have been called in. In all cases the Secretary of State will proceed in accordance with his usual practice.
Leave to appeal the judgment has been granted, although whether any appeal will be heard by the Court of Appeal or by the House of Lords directly is still to be resolved. As the statement indicated, if the decision of the High Court is upheld on appeal, the Government will have to decide how to deal with the incompatibility identified.