Byers faces legal challenge over T5

Opponents of a fifth terminal at Heathrow will today examine the possibility of legal challenges against the Government's approval of the £2.25 billion project.

Transport Secretary Stephen Byers is accused of failing to address their key demands for guarantees on no third runway at Heathrow and an early end to all night flights.

It leaves open the possibility that environmental groups, anti-noise campaigners or affected local authorities will apply for a High Court judicial review over the next six weeks. Much will depend on whether the major concession offered by Mr Byers - a cap on the total number of flights in and out of Heathrow - can be shown to be legally enforceable.

A protest rally against the ruling is going ahead in central London on Saturday, organised by the Heathrow Association for Control of Aircraft Noise. The disparate coalition of opponents may know by then if they will seek action over a decision welcomed by business groups as a major boost to London's economy and the aviation industry.

Critics and supporters say a number of questions remain unanswered about how the terminal can operate without rising noise and pollution levels and yet more expansion at the airport.

Number of flights

Mr Byers imposed an annual number of flights of 480,000 - up from the current level of 460,000 - but there are big question marks over how this ceiling will be enforced.

Friends of the Earth warns there is no evidence of any legal obligations to stop airport operator BAA from exceeding the limit.

The Heathrow Association for Control of Aircraft Noise was planning to use a £100,000 war chest to fund a legal challenge on the basis of flight levels - but now says it will wait and see if the new limit is enforceable. Chairman John Stewart said: "It is quite a significant increase from the current level but, if it can be enforced, it would effectively prevent further expansion at Heathrow."

Critics fear there is nothing to prevent the new limits on flight numbers being broken as previous limits have been exceeded. Edward Lister, leader of Tory-run Wandsworth council, said ministers' promises on limits "will not be believed".

He points to the fact that BAA told the T5 inquiry in 1995 that flight numbers at Heathrow would rise to 473,000 a year by 2013. In fact this level has almost been reached already with total numbers last year running at 466,000 flights.

Pilots' union Balpa was also unhappy because it had hoped to see a new rail link between Heathrow and Gatwick to improve connections between Europe's busiest dualrunway airport and the world's busiest single runway airport.

Third runway

Mr Byers opted out of a decision on a third runway at Heathrow despite pressure to make a declaration of intent from opponents and BAA. Both sides regard the failure to address the issue, which is poised to become the next battleground between environmentalists and the airline industry, as a crucial omission.

BAA and the industry claims that airport capacity in the South-East will run out in eight years and there has been no new runway in the region since the Second World War.

Christopher Darke, general secretary of Balpa, said: "By the time T5 is built, five years from now, it will already be full to overflowing. Approval of T5 must just be the start of a huge investment programme in the infrastructure of the aviation industry. Most urgently we need more runway capacity."

Friends of the Earth regards T5 as a Trojan horse for a new runway and a massive increase in capacity. It is concerned there is nothing in yesterday's announcement to prevent the runway. Don Foster MP, Liberal Democrat transport spokesman, said that "in no circumstances should these conditions allow the building of a third runway".

Night flights and aircraft noise

The Heathrow Association for Control of Aircraft Noise says Mr Byers "ducked" the issue of noise from night flights - the dozen or so planes that arrive at Heathrow each day between 4.30am and 6am and interrupt the sleep of thousands of residents. It had hoped the Transport Secretary would offer a ban on night flights in line with a European Court ruling.

Instead he recommended a consultation on an extension of night noise controls when they run out in 2003. Mr Stewart said: "We are disappointed Mr Byers did not say they were going to ban night flights in line with the European Court ruling. He ducked it and we will continue to campaign on this vital issue." Mr Lister added: "It is a snub for last month's European Court of Human Rights ruling on night flights which found that the UK Government was wrong to have put economic arguments ahead of environmental considerations."

Air quality and public transport

Green groups say the "insufficient" public transport projects announced make a rise in traffic levels and vehicle pollution an inevitability.

My Byers followed the inquiry inspector's recommendations that there should be extensions of both the Heathrow Express and London Underground's Piccadilly line to the terminal.

Total numbers of parking places were reduced from BAA's demand for 46,000 to 42,000.

However, Paul de Zylva, of Friends of the Earth, said: "There was no new public transport project and, importantly, no new rail link. It will place a massive strain on the roads in the long term."

A surprise decision against widening the M4 between junctions 3 and 4b will create a bottleneck because of the increased traffic flows joining the motorway when the widening of the M25 is completed.