Plans to build an airport at Cliffe are in doubt after the European Union warned the Government any threat to the site's protected bird population would be illegal under EU law.

The Government has already been forced to abandon consultation on the £9bn airport once.

The High Court ruled last year that expansion at Gatwick should have been considered, despite an earlier pledge to restrict growth at the site.

Kent MEP Caroline Lucas asked the European Commission to investigate whether the Government's proposals would contravene European laws designed to protect wild birds and endangered habitats.

Responding to a question from Dr Lucas, environment commissioner Margot Wallstrom said the proposed development at Cliffe would be subject to an environmental assessment.

Dr Lucas said: "The Thames Estuary is one of the most important sites for waterfowl in the UK and building the proposed airport at Cliffe would spell disaster for its birds and wildlife leading to the largest ever loss of wildlife habitat to a single development.

"The best alternative would be to level the playing field for transport, manage demand and not build any new airports anywhere.

"Not in Kent's backyard and not in anyone's backyard."

January 28, 2003 11:30