But the Spanish-owned airport giant, which serves nearly 150 million passengers a year, argued that a break-up would only delay "the provision of extra runway and terminal capacity". The Government said it would be " inappropriate" for it to comment on a possible break-up of BAA while the Competition Commission is carrying out an inquiry into airport services. It comes as Transport Secretary Ruth Kelly faces a High Court challenge tomorrow from a group of South-East town halls that claim her department broke its own rules by allowing noisy planes to continue flying into Heathrow before 6am. Wandsworth, Richmond and Windsor and Maidenhead councils argue that the Boeing 747-400 RR, a widely used plane, was placed in the wrong noise category. Wandsworth council leader Edward Lister said: "We are aiming to achieve some much needed relief for residents in the 4.30-6am period. Those aircraft which break the rules should be grounded."