High Court showdown over alleged ‘procedural irrationality’ in Gatwick runway £2.2bn approval
The Secretary of State has been accused of reaching “inherently contradictory and irrational” conclusions by finding Gatwick’s second runway would have a “significant adverse effect” on the climate, the High Court heard this morning.
The transport secretary, Heidi Alexander, greenlit plans for Gatwick Airport’s second runway, the Northern Runway, in September. This was “the largest of the applications thus far by the Secretary of State”, says lead barrister Estelle Dehon KC.
The new operational second runway is set to increase passenger capacity to over 80m passengers per annum by 2047. At the time of her approval, Alexander said it was a “no-brainer” for economic growth.
However, campaign and environment group Communities Against Gatwick Noise Emissions (CAGNE), along with Peter Barclay, chairman of the Gatwick Area Conservation Campaign (GACC), launched legal action against the Secretary of State.
The judicial review, which commenced today at the High Court before Mr Justice Mould, focused heavily on the environmental issues arising from this expansion.
The campaign groups contend that Alexander’s decision is legally flawed.
One of the points highlighted in court this morning, as noted in court documents and reported by Morning Wire, is that counsel for CAGNE, led by Dehon KC on behalf of Leigh Day, claim the transport secretary made contradictory findings.
It is alleged that Alexander concluded that the runway would have a “significant adverse effect” on the climate under Environmental Impact Assessment (EIA) terms because it would “not contribute” or would “fall short of fully contributing” to the UK’s net-zero trajectory.
However, the barrister added that she simultaneously claimed it would “not materially impact” the government’s ability to meet net-zero targets.
The campaigning groups are seeking to have the decision ruled as ‘unlawful’ and quashed.
Government is fighting back
The government is defending itself with Nigel Pleming KC as lead counsel, while Gatwick Airport is acting as a third party in the case. The parties will set out their arguments to the court over the next three days, with the case concluding on Friday.
In a press statement on the matter, a Department for Transport spokesperson said: “We are backing airport expansion to deliver local and national growth, providing highly skilled jobs for local communities which will boost access to opportunity.”
“We are clear [that] expansion will only be pursued in line with our climate, noise, and environmental obligations,” they added.