The Court of Appeal has refused campaigners permission to challenge the government’s approval of a two-runway operation at Gatwick Airport, clearing the way for the £2.2bn Northern Runway project to move into design and delivery.
Lord Justice Holgate and Lord Justice Dove dismissed the appeal bids in a ruling on Tuesday. In a 29-page judgment, they said: “We conclude that each of the grounds of appeal raised by each appellant is unarguable. Neither appeal has a real prospect of success. We also consider that there are no other compelling reasons for either appeal to be heard.”
The challenge was brought by Peter Barclay and campaign group Communities Against Gatwick Noise Emissions (Cagne), who had taken legal action against the Department for Transport over the decision to approve the plans, including over claims that the government did not properly assess the climate impact of the scheme.
The scheme moves the West Sussex airport’s emergency runway 12m (39ft) north to allow 100,000 more flights a year. The development consent order for the Northern Runway project was granted by the Transport Secretary. The expansion will allow the site to be used for departures of narrow-bodied planes such as Airbus A320s and Boeing 737s.
Mr Justice Mould dismissed the original challenges in June, finding that it was “neither illogical nor contradictory” for Transport Secretary Heidi Alexander not to refuse the proposed development “on the basis that it would have a material impact on the ability of Government to meet its carbon reduction targets”. He also rejected an argument about the need for expansion at Gatwick given the proximity to Heathrow. The two senior judges said that ruling was “detailed and thorough”.
Gatwick is the UK’s second busiest airport and one of the busiest single-runway airports in the world.
Barclay said: “We are very disappointed with the Court’s decision. We took this challenge as far as we could because we believed that the decision to allow Gatwick to expand was fundamentally flawed. It was not supported by government policy, would only serve to line the pockets of the airport and airlines, and would do so at the expense of local residents and the climate.”
Cagne said: “Residents should be immensely proud of what they have achieved in holding Gatwick Airport’s shareholders to account. This proposed new runway will come at a significant cost to both the taxpayer and the planet.”
Pierre-Hugues Schmit, chief executive of London Gatwick, said the decision to approve the plans “was taken properly and lawfully”.
He added: “We are also very pleased that this ruling, from senior Court of Appeal Judges, brings to an end an eight-year planning and legal process which has carefully tested and scrutinised every aspect of our expansion plans on multiple occasions. This final ruling means that we can now press on with the important job of bringing this exciting project to life and move forward into the design and delivery phase.”
Schmit said the Northern Runway project was expected to deliver 14,000 new jobs and a £1bn boost to the economy every year.
Muniya Barua, deputy chief executive at BusinessLDN, said: “Today’s ruling is the final step in a long-running process that clears the way for Gatwick’s Northern Runway project to move forward, providing welcome certainty for businesses, investors and communities.”
She added: “The airport’s expansion will strengthen London’s connections with key international markets, help to create 14,000 jobs and provide a £1bn boost to the economy every year. With the UK seeking to drive investment and growth, expanding aviation capacity is a vital part of maintaining London’s position as a leading global city.”
Alexander said the decision was “a major milestone for Gatwick and for local communities, with expansion unlocking investment and creating thousands of new jobs”.
She said: “Around 13 million more passengers and 100,000 more flights will give holidaymakers greater choice and strengthen global links to help make the UK one of the most attractive places in the world to invest. We’ll back expansion that supports growth and our climate goals.”
Alexander said the government was also investing over £219 million for green fuel production to cut emissions from flying and secure the future of aviation.
The ruling comes as Heathrow’s separate third runway proposals continue to draw scrutiny over costs and timelines, with Gatwick having previously reported a 7.7 per cent rise in passenger numbers on short-haul demand. Chancellor Rachel Reeves gave official backing to Heathrow expansion earlier in the process.
