London tower block residents lose bid to challenge Olympic missiles

Judge rules against review of government decision to place high-velocity missiles on flats near Olympic Park

Residents of a 17-storey tower block near the Olympic Park have no right to challenge an unprecedented decision by the army to deploy high-velocity missiles in a residential area, a high court judge has ruled.

Residents of the Fred Wigg Tower in Leytonstone, east London, argued that the missiles could expose them to a terrorist attack. The block is one of six sites in the capital where missiles, including Rapier air defence weapons and high-velocity systems, will be deployed for the duration of the Games.

The Fred Wigg residents applied for permission to seek judicial review of the government's decision to deploy the missiles, saying it was a "disproportionate interference" with their human rights, and they were not consulted properly over the siting of the ground-based air defence system.

They argued that those who wanted to move out should at least be relocated in hotels by the MoD or a gantry should be erected for the missiles away from the tower block.

Marc Willers, representing the residents, told the judge: "It is the unprecedented siting of a military base or missile site in peacetime on English soil that brings us to this court."

But Justice Haddon-Cave said on Tuesday: "In my judgment, the MoD's voluntary engagement with the community and residents in this matter were immaculate."

He said the MoD had no duty to consult, had not promised to and no "conspicuous unfairness" was caused by not consulting. He agreed with the MoD that a tower block was the only suitable site for missiles and the facts of the case were "not susceptible to a sensible challenge".

The judge said residents had expressed "shock, anxiety and worry" over the prospect of missiles being stationed at the tower. But they had been under "something of a misapprehension" about the nature of the equipment to be deployed and the risks deployment would bring.

Lawyers for the residents on Tuesday were considering an appeal against the ruling.

General Sir Nick Parker, commander of UK land forces, told the court in a written statement that the defence secretary, Philip Hammond, could personally order missiles placed on top of a tower block in east London to shoot down an "unauthorised" aircraft approaching the Olympic Park, following a secret agreement reached with the local council.

"The ability to shoot down an airborne threat using HVM [high-velocity missiles], in this location provides further options to ministers, and means that more time would be available for such a momentous decision. Ministers have been assured that shooting down a plane in such circumstances would be lawful."

Other sites chosen to guard against any Olympic air threat are the Lexington Building in Tower Hamlets, east London; Blackheath Common and Oxleas Wood, both in south-east London; William Girling Reservoir in the Lea Valley reservoir chain, Enfield; and Barn Hill at Netherhouse Farm in Epping Forest.

The navy's helicopter carrier, HMS Ocean, will be moored in the River Thames, RAF Typhoon fighter bombers have been deployed to RAF Northolt in west London, and Puma helicopters will be based at a Territorial Army centre in Ilford.

Outside the law courts, the residents' solicitor, Martin Howe, said: "We are very disappointed with the decision." He would have to sit down with the residents "and explain that by this Friday missiles will be on their roof".

Howe added: "The judge looked at the possibility of a gantry being built for the missiles to be placed on, instead of on the roof of people's homes.

"He dismissed the idea. The fact is a scaffolding company phoned my firm today and said that within a couple of days they could construct such a tower. I am sure it is not beyond the wit of the MoD to be able to do so as well."

Howe's partner,David Enright, said the clear implication of the judgment was that "the MoD now has power to militarise the private homes of any person" even when there was no war on, or state of emergency declared.

Enright said: "They do not need to ask you, do not need to consult you, but can take over your home and put a missile on the roof, a tank on the lawn and soldiers in the front living room, exercising powers under the royal prerogative.

"Parliament has not been consulted on this dramatic change in the English way of life.

"We have always believed an Englishman's home is his castle – not a forward operating base.

"It is vital that parliament look at this. We have passed the Rubicon in the way we live our lives."

Enright said in times of war and national emergency "any one of us would open our doors and assist the armed forces".

But the 2012 Olympics were taking place "in peace time – a happy time".

A Ministry of Defence spokesman said: "We are pleased the high court has found in our favour … we acknowledge that the deployment, albeit temporarily for the Games, of military equipment and personnel can be unsettling particularly where the community may not be used to a military presence. We will continue to engage with local communities to provide reassurance and reduce any impact on residents as far as possible."