A decision from the Royal Courts of Justice over whether correct process was followed in issuing a development consent order for Manston airport will likely not be announced until after the summer.
A Judicial Review hearing took place at the High Court on July 4-5.
The DCO was initially granted in July 2020 when the Department of Transport approved the application to create an air freight hub at the site. It was quashed in the High Court in February 2021 following a legal challenge launched by Ramsgate resident Jenny Dawes which resulted in the Secretary of State conceding the decision approval letter issued from the Minister of State did not contain enough detail.
The DCO was granted for a second time in August 2022 by then Transport Minister Karl McCartney.
In response Ms Dawes launched a second Judicial Review application in a bid to halt the airport plans and has crowdfunded £75,000 in pledges to pay for the action.
The judicial review application was initially dismissed by Mr Justice Lane in January but then allowed on partial grounds in a review by Mrs Justice Lieven in March.
At the hearing before Honourable Mr Justice Ian Dove last week the focus was on the process for two areas -whether need for the airport was correctly assessed and whether due consideration was given to what impact the scheme might have on the Government’s ability to meet its future carbon reduction targets.
Barristers representing the Claimant Jenny Dawes, the Defendant the Secretary of State for Transport and the Interested Party RiverOak Strategic Partners have now put their cases to the judge.
Mr Justice Dove was called to the Bar at Inner Temple in 1986 and was a member of the Planning and Environment Bar association, the Administrative Bar association and the Compulsory Purchase association.
Prior to taking silk, he served on the Panel of Junior Counsel to the Crown (Treasury Council) in the Provinces. He sat as an Immigration Judge, Recorder in the Crown and County Courts, Deputy High Court Judge and occasional inspector for Town and Village Green inquiries until he was appointed as a High Court Judge of the Queen’s Bench Division (now the King’s Bench Division) on 1 October 2014.
A decision is now awaited. However, the courts are on vacation in August and September so the judgement may not be given until after this time.
RSP wants to create aviation at the site with a cargo freight hub and associated business, saying an investment “up to £500m” will be made. Construction is planned to be phased over 15 years and include 19 freight stands and four passenger stands for aircraft as well as warehousing and fuel storage.
Campaigners against the development raise issues including noise, need, climate harm and damage to Ramsgate’s tourism industry.
The outcome could still result in more court hearings if either side attempts further review in light of the ruling.
