Question to the Department for Transport:

To ask the Secretary of State for Transport, what legal agreements he has in place with Heathrow Airport Limited and its holding company on (a) air pollution in and around Heathrow and (b) surface access arrangements.

The Government believes that the Heathrow Northwest Runway scheme can and must be delivered without affecting the UK’s compliance with its air quality obligations, given the measures set out in the Government’s Air Quality Plan. The Government’s view has been informed by its air quality analysis of the Northwest Runway scheme, which was published in October 2017. This does not take into account scheme specific mitigations that any applicant could take forward to address its air quality impact.

The proposed Airports National Policy Statement requires the applicant to consider an extensive range of air quality mitigation measures, potentially including an emissions-based access charge. Development consent will only be granted if the Secretary of State is satisfied that, with mitigations, the scheme will be compliant with legal obligations on air quality.

The Department for Transport has no specific legal agreements in place with Heathrow Airport Ltd (HAL) and its holding company on air pollution in and around Heathrow Airport.

In respect of surface access the Department has a number of legal agreements with HAL relating to Crossrail, HS2 and Heathrow Express:

• A 2015 Contribution Agreement between the Secretary of State and HAL relating to a contribution from Heathrow towards the cost of the Crossrail Project;

• A 2018 Overarching Agreement with HAL and the Heathrow Express Operating Company Ltd (HEOC) about the future of express rail services to Heathrow Airport;

• A 2006 Interface Agreement between the Secretary of State, BAA Ltd (BAA), HAL and the HEOC in relation to the interface between the Crossrail works and the Heathrow Express railway;

• A 2008 Compensation Agreement between the Secretary of State, the HEOC and HAL and BAA and a Deed of Waiver and Agreement between the Secretary of State, Network Rail Infrastructure Limited, HAL and the HEOC in relation to the impacts of works and operations for the purposes of or in connection with the Crossrail works;

• A 2016 Compensation Agreement between the Secretary of State, HEOC and HAL and a Deed of Waiver and Agreement between the Secretary of State, Network Rail Infrastructure Limited, HAL and the HEOC in relation to the impacts of works and operations for the purposes of or in connection with the HS2 works.