Application to appeal against Manston airport court decision denied

Manston airport Photo Frank Leppard

An appeal against a court decision not to quash the development consent order for Manston airport has been rejected.

A bid for a Judicial Review into the decision to give the Manston airport project the go ahead was dismissed last month but claimant, Ramsgate resident Jenny Dawes, then appealed that judgement.

Now Mr Justice Dove has refused the appeal application and notice of the refusal was sent by the Judge’s clerk at 10.54am today (October 9).

DCO granted, quashed, granted, challenged again, dismissed

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 and supporters 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 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 a hearing before Honourable Mr Justice Ian Dove in July 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.

Mr Justice Dove issued a lengthy judgement dismissing the application last month.

Ms Dawes applied for permission to appeal against the judgement but this has also been denied.

Appeal application refusal

The Judge said there was no proper basis, within either of the grounds provided by Ms Dawes and her team, upon which permission to appeal could be granted.

Considering point 1(A), he said: “I am not satisfied that there is any arguable error in the judgment in respect of the failure to provide the supporting detailed documentation associated with the Azimuth Report. For the reasons set out in the judgment at paragraph 64 to 66 the requirements of fairness did not include the requirement to disclose this material…

“In relation to ground 1(B), there was no error in the judgment of the kind suggested in the construction of the Rule 19 and 20 of the Infrastructure Planning (Examination Procedure) Rules 2010: that construction was, as explained in paragraphs 71 and 72 of the judgment, based upon both the headings and the provisions of the Rules and the different factual contexts which they addressed.”

The remaining three points within Ground 1, he concluded, were not arguable.

Turning to the second ground, which was the matter of the Government relying upon policies prepared for addressing net zero and the aviation industry, he said the Defendant (The Secretary of State for Transport) was entitled to rely upon new policies that were published after the Examining Authority’s report: “The reliance upon these policies did not sidestep the conclusions of the Examining Authority, which the defendant clearly had regard to, but they superseded those conclusions in the decision-making process.”

He dismissed the argument that an appeal was merited on the grounds of this case being the first concerning the redetermination of a DCO.

Ms Dawes was ordered to pay costs to The Secretary of State for Transport of £5,000.

A claim of costs by Ms Dawes against RSP, for extra costs above that for the DfT, is yet to be settled. The original claim was for £21,960.24. The claim for counsel’s fees has since been reduced to £8,500 plus VAT but RSP lawyers say the claim for costs is unreasonable and is not agreed.

Court of Appeal bid?

Ms Dawes may now apply to the Court of Appeal for permission to appeal. This would ask the court to overturn Mr Justice Dove’s decision and his refusal to allow an appeal of that decision. Ms Dawes has 21 days to apply to the Court of Appeal for permission.

Manston airport

RSP wants to create aviation at the site with a cargo freight hub and associated business.  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.

The bid against the development raise issues including noise, need, climate harm and damage to Ramsgate’s tourism industry.

Read the September judgement here

 

128 Comments

  1. Just let the company get on with it and turn Manston airport into something for the future and bring work to thanet .

  2. when will this woman finaly shut up and walk away and admit defeat , the same goes for the people that are financing her and pulling her strings! enough is enough

    • I wonder how much ,the next appeal ,will cost, from that woman and her backers ,anyone have an idea,and would that be the last appea allowed. From a serial litigant,with other people’s money

  3. Quite right too.
    Let’s get the Airport open soon as please,
    Bring on the apprenticeships and jobs for our unemployed.

    • If you think planes will be flying from Manston any time soon you’re sorely mistaken.
      RSP has a huge amount of work to do before it can put a spade in the ground. Not least find £500,000,000 + of investment to fund the project.
      I wonder just who will manage the development. Mr F. has an abysmal record in business in general and aviation in particular stretching back over decades.

          • There seems to be a collective delusion that ignores the claims of local jobs & prosperity made on behalf of Wiggins in 1998-being touted by the same guy making them for RO now that never happened, that it bled over 100 million from 1998-2014, the multiple reports that have said it is not viable etc.

        • That is exactly what I commented on the previous post on Kent Online. Why not just let it happen if they really do believe it will not work out. Simple!

      • We are happy to wait another year or two. Or however long it takes. We have campaigned and stuck with it for 9 years so far😉🙂. Manston will be up and flying again…and the likes of yourself will have to find something else to cast your miserable wet blanket overlol😅😅

      • Andrew – have you a job or sat at home all day on a keyboard trying to down investment in Thanet. Your view is not shared by many except ‘leftie element’ – try to think of young people who might find a job with a new enterprise eg Manston Airport

        • If ever the airport gets going, the number of jobs created is likely to be small, given that the place will be a highly automated cargo facility. But for every job created at Manston, others will be lost in Ramsgate as the tourism industry suffers (both Mr F. and the ExA said so). And what cost to the environment, to the well-being of people living near the flight path, just for this handful of jobs? Roger Gale has expressed concerns for the health of his grandchild, who lives under Heathrow’s flight path.
          There are better ways of creating better jobs without harming large parts of Thanet. For example, the success of Discovery Park could have (and would have, under Stone Hill Park) been replicated at Manston, with hi-tec industries.
          The great shame is that this huge brownfield site has been left to rot, whilst RSP pursues goodness knows what fantasy or dream.
          RSP has owned the land for several years. If they really wanted an airport, there was nothing to stop them from flying, other than a CAA licence and planning permission from a (at that time) sympathetic TDC.

          • Tourism? …so what? Never creates great prosperity in grey, rainy Britain lol🌧☔️. So what if we lose a handful of minimum wage seasonal jobs? Anyway, the airport will do far far more for tourism than it detracts from it. I suppose nothing will silence sourpussies like you Andrew. Everywhere has its whingers matter what

        • But the proposals are for an automated cargo airport. Manston is hardly a promising situation, stuck in a corner of Britain – not in a central position -, with poor road transport possibilities -the roads are always clogged with cars, if the comments on this site are correct- and not near a railway station.

          • “Not near a railway station”?! There are four of them within a 3-mile radius… unlike the still-open Lydd, where the nearest is around 15 miles away.

        • Have you ever thought why you buy into a man who made these promises in 1998 & they never happened making them again now convinces you it will be good this time? Why multiple expert reports have said it was a colossal failure, a waste of money & is totally nonviable must all be wrong?

          Is it some kind of cult leader worship? So desperate for something to happen in Thanet that you all overlook the porkies of huge numbers of local jobs & prosperity made then & now that never happened & won’t if this thing does eventually open? 100 million plus of losses from the three companies that tried & a list of experts saying it isn’t viable not enough to convince you it cannot work?

    • So James, everyone who disagrees with you is a whinger ? We will lose £3 million a year on a few minimum wage jobs, ? Who are you trying to kid. Lots of Thanet wage earners work in Tourism and related businesses. The first time round it was refused by Grant Shapps who forgot to inform us about his interest in flying to Manston.3 men employed by the government said the airport was unviable and would not create enough work. This was turned down by said government. The second time it was a special investigation to look again at the Airport being allowed to run. This again was turned down by experts asked by the Government to look into this. Again, the government overruled what their own people had twice given an opinion on What sort of action was this by a supposedly Government on charge ?

      • Yes, I mean what do this lot below know? Much better to fall for the Emperor’s new clothes pitch like we did in 1998 & pretend it will bring lots of local jobs & wealth into the area-though it never did & instead cost the taxpayer obscene amounts. It is clear we really are living clown world.

        From:
        To: Manston Airport
        Subject: Manston Airport DCO
        Date: 19 November 2021 16:09:56
        FAO The Secretary of State for Transport
        Re: Manston DCO

        The Ove Arup report from October 2021 confirms the findings of the Examination Authority that there is no need for an airport at Manston In doing so, it reiterates previous findings from previous reports in that there is no need and most likely no viability for the airport.

        The list of reports is as follows:

        2010 Bickerdike Allen Partners
        2011 York aviation
        2011 Bickerdike Allen Partners
        2014 Falcon
        2015 Kent County Council
        2016 Thanet District Council (final report on Manston Airport viability)
        2016 Avia Solutions (RiverOak response to TDC Manston Airport viability)
        2017 Avia Solutions (local plan representation review)
        2017 Avia Solutions (analysis of report by Azimuth/Northwood on Manston)
        2017 York Aviation (SHP summary report)
        2018 Altitude Aviation
        2019 Altitude Aviation
        2019 DCO EXA recommending refusal on the basis of no need)
        2021 York Aviation (JR against DCO)
        2021 Alan Stratford Ass. (Ramsgate Town Council report)
        2021 Over Arup for Department of Transport and Secretary of State

    • Tony F made these claims for Wiggins in 1998-they turned out to be totally baseless & now he is making them for his latest employer. Wiggins & the other two companies lost over 100 million combined on Manston-well the taxpayer lost most of it.

      There will be no mass local jobs, it will like before be mostly automated. Stop being conned-multiple reports have deemed it as not being viable. What more do you need to see through this rubbish of local prosperity?

      https://www.kent.gov.uk/__data/assets/pdf_file/0003/29541/Manston-Airport-position-statement.pdf

      https://infrastructure.planninginspectorate.gov.uk/wp-content/ipc/uploads/projects/TR020002/TR020002-006043-168%20-%20H%20Frencken.pdf

  4. It’s like a broken record.

    I didn’t win on the lottery but I haven’t asked them to draw it again because the result didn’t suit me and I’m afraid this is what it sounds like.
    The airport will be useful when they change Manston to an immigration removal centre. I’m sure that was talked about in the 90’s.

  5. An informative article, but after the campaigners views, why no supporters’ views about the number of jobs a reopened Manston will create. And the amount of money Thanet will receive? And the money all Thanet schools will get from RSP? And the apprenticeships and Manston Education Board that is constantly running behind the scenes? So many positives. Glad to see we are one step nearer the end of this battle, which has unfortunately divided communities and brought out the worst in some people online.

    • It hasn’t got anyone’s ‘views’ just a summary of what RSP want to do and why the appeals have been brought against it. Quotes, from both sides, were included in the piece about the decision to deny quashing the DCO. This update is more procedural so I didn’t ask for comments but did need to explain why there is opposition.

    • Maybe because many of us remember when Tony Freudmann made the same claims for local jobs & prosperity on behalf of Wiggins in 1998, that he quickly downgraded & never came to pass-the same guy making the same promises on behalf of RO now.

      We also remember the boasts from the lot that took it over after that miserable failure-while we watched the always empty departure building as local news stations went there their to interview their shills talking it up in Alan Partridge style car crash television segments, projecting ridiculous numbers-before they also went tits up not long after & then so desired airport had to given away for a quid to asset stripper Gloag-who lost money on it as well.

      Does make you wonder where RO & TF were back then-they could have got it for a quid themselves, rather than wasting 16.5 million buying it off the Stonehill lot. What is that old saying? Fool me once, shame on you. Fool me twice

  6. This woman, J Dawes and her fellow financiers are being obstructive for the sake of it. Playing the game of ‘Delay Tactics’ is thoroughly shameful and a disgrace.

    Let’s get the airport up and running that Thanet truly deserve.

  7. Lol cant believe people actually believe RSP and the ex solicitor.

    No infrastructure road or rail
    No fuel grid so fuel will be at a premium as you have to pay the middle man ( tanker company )
    No huge warehouses
    Poor geographical position

    But dont let any of that get in the way lol

    • Will you be giving any money to her cause ,or are you just a keyboard warrior,who’s had their live and damn the rest

      • Ray

        No I wont be giving any money to fight manston. I believe for the reasons I have point out that it will go bust anyway.

        Who has 500million to invest ?

        This will be the 5th time manston will go bust if indeed it ever gets started.

        On just one point the lack of a fuel grid. Haulage is all about costs it’s cheaper to go to the garage ( airport on the fuel grid ) than to get the garage to bring to fuel to you ( airport not on the fuel grid ).

        It really is that simple its alot cheaper to go to Gatwick than fill up at manston.

        Goods need to be moved around the country quickly not stuck on the two lane Thanet Way and M2 with all the fuel tankers trying to use them lol.

        I could go on lol

    • So, the new M2 (The old Thanet Way) doesn’t run past the airport? I wonder what road I drive on each time I visit Ramsgate.

      • What new M2 ?

        If manston is going to be the uk biggest cargo hub it will need more than a 2 lane dual carriageway and a 2 lane motorway. Have you been passed Heathrow, Gatwick Midlands lately ? All at least 4 lane !

      • Listen, why would you place a cargo hub at a far extreme of a corner of the country with poor links, road and rail, 80 miles from the main distribution point, built just off the m25 in West London for all fruit veg and more, which from thanet on a good day is 3 hours away in a heavily polluting lorry and overrun railway. 1 on 1 how to make a business fail.

  8. I find it insane that anyone wants this airport. Why do you want planes flying over your house? Do you work as a freight pilot and want a shorter commute? Honestly baffles me. I’ll be moving if it goes ahead.

  9. In this country we have the rule of law.This allows Jenny Dawes and RSP remedy through the court system.
    I know the usual suspects are blowing hard as usual,but that is to be expected.
    If this is the end,then we can all expect RSP to have shovels in the ground ASAP, and we will find out if indeed an airport with minimal infrastructure can do sufficient business in competition with the much more developed East Midlands airport.If this project is viable you will all have been proved right,if not, there will be no rock big enough for you to hide under.
    I will expect everyone of you to be investing considerable sums from your savings in the airport because you have been so positive that it has wings.
    Don’t decry critics unless you can show that you have financial faith in the project.

    • As soon as passenger flights start, I’ll be supporting it regularly. Of course though, we ALL will be supporting freight… unless absolutely everything you eat, drink, wear and use is UK-produced (my money is on the very device you anti-airport mob are campainging on being made in a far-flung country).

      • Almost all freight is brought into the country by sea.
        Of the very small (and diminishing) % that comes by air, all I’d well accommodated at proper cargo hubs such as East Midlands.

      • Ms Pink, if any of my clothes, foodstuffs or drinks have been imported by air then please advise me and I will boycott them with immediate effect. I can’t think of anything that’s so urgent that it can’t reach us by surface transport

  10. My own personal view has and will be ,the place should be turned into ,a mini forest and garden area with walks , ,so people have a place to go and have a nice walk

    • The original agreement was if the farmland requisitioned in 1916 ever stopped being an airport, then it would return to farmland. I’d gladly support that (particularly if the long-forgotten public footpaths and tracks were re-opened), but we ALL know that it wouldn’t stay that way for long.

  11. If the deluded, Jenny Dawes wants to keep herself busy now she has LOST her malicious interference of the reopening of Manston airport maybe she and the sad woke Labour councillors who pretended to care for the environment. When we all know, the real reason was purely political, nothing to do with people seeking jobs. As long as the wines were alright Jack, why don’t they turn their attention to southern water and polluting that it does every day of the week in our sea and rivers. All those who oppose Manston airport and donated money to try and stop it reopening should be thoroughly ashamed of themselves selves.

  12. Given how totally obsessed she is with Manston I would put money on her appealing (YET AGAIN!). This saga has developed into an egregious farce, with her appealing against an appeal and then appealing against an appeal that she had earlier appealed against.You could not make it up; it has become worthy of a Monty Python sketch. This insanity cannot be permitted to continue a moment longer – she is making a mockery of the judicial system and must be declared a vexatious litigant. ENOUGH!!!

  13. And so it should be rejected. I find it absolutely appalling that Jenny had been allowed to delay things the way that she has. I support the reopening of Manston Airport because I grew up with it when it was active and busy and loved it. I’ve said this before, if the opposition do not believe it will work, then let it happen!
    Although most people I know, most of my neighbours are pro airport, there are a small few that are against it, but they themselves are also getting fed up with Jenny Dawes. They do not believe in her actions any more, in their own words, that she should just accept defeat.

    • When Boris Johnson proroged parliament. Ms Gina Miller took the case all the way to the Supreme Court. There, the judges found, unanimously, that the then Prime Minister had acted illegally.
      The thong about the Manston DCO and the subsequent JRs is that this is the first ever DCO granted to a business (rather than a government agency) for an airport, and the first ever that was quashed by a JR.
      It’s probably quite correct to ensure that this precedent is quite properly in law. First time round, it wasn’t.

  14. This is just like Brexit, the ill informed and the naive fall for the rich boys club promises of greener grass on the other side. The reality will be very different from the promises and the rich boys club will laugh at how easily you were fooled again!

    • You blowhard Remainers never give up, do you? You never pass up an opportunity to trot out the same old tired canard that those of us who had the temerity to vote Leave were uneducated sub-species who had no informed idea why we wanted to quit the rapidly failing EU. Give it a rest!

      • Nigel, where are the promised benefits then………

        I see many Brexit donors who funded the leave campaign made millions out of shorting the pound though when we left the EU, why would they do that?

        The EU as a block is doing much better than the UK, it is the UK that is failing, look at the facts not what the Daily Mail tells you.

      • Pete (Ms. Pink), that was not what I was saying (that people who voted leave wanted Manston to reopen)

        I said that the ill informed and naive fall for the rich boys club promises or greener grass on the other side. This is always the way it has worked, get into the heads of the weak and pretend you are with them and you shall win!

  15. £ 75000 in fundraising and pledges, would go a long way to help the people who are struggling to put food on the table for their families. Jenny Dawes, take note, and try to fundraise for these people.

    • Paul, feel free to launch a “just giving” page to help the needy.
      You have absolutely no idea p what charities those who donated to the JR also donate.
      BTW, when you consider the first JR appeal, the total raised was more like £200,000, from 2000 people.

      • So in all honesty, all that money has gone down the drain, with no benefit to anyone, apart from the lawyers of course.

  16. This decision was inevitable. The judge was marking his own homework.
    It doesn’t and shouldn’t stop it going to appeal.
    Despite the usual suspects huffing and puffing about the antis being lefties/developers/woke/nimbys/crusties and any other stale adjective they have read somewhere, the fact is that there are many of us who are none of those things but are terrified of the damage a cargo hub would cause to Thanet.

  17. Finally! Now we just have to hope that the appeal court don’t grant an appeal against the appeal of the original appeal !!

  18. THERE HAS BEEN NOTHING DEMOCRATIC, SENSIBLE, ANYTHING WHICH IS SOUND LOGICAL BUSINESS, OR ANYTHING WHICH RESEMBLES OPEN TRANSPARENTLY REASONING BEHIND THE PURCHASE OF AND LEADING TO THE OPENING OF THIS MULTIPLE TIME FAILED AIRFIELD, THE MPS, CLLRS, AND JUDICIARY HAVE BEEN EITHER LUARS OR LIED TO TO TRY AND OPEN THIS WHITE ELEPHANT INSTEAD OF OPTING FOR THE GENUINE, LOGICAL LONG TERM PROSPERITY OPTIONS WHICH WERE THE ALTERNATIVES NOT FORGETTING GREENER OPTIONS. SHORT SIGHTED GREED AND SELF INDULGENCE. COME ON GENERAL ELECTION, GET THESE TORY CON ARTISTS OUT FOR DECADES AND START TO REVERSE MUCH THEY HAVE WRONGED.

  19. I don’t say this lightly but I think if we hear anything more from Ms Dawes or Ramsgate Town Council or Dawes council friends. I think the owners of Manston Airport should take action against the lot of them for their malicious actions and campaign, which has cost Manston owners a great deal of money has been spent on this it’s time to turn the tables. I believe they should try and recover some of that money by prosecuting Dawes & Co to the point of bankruptcy. We shall soon see Dawes “ friends” disappear over the horizon if they know they are going to be sued.

    • Bill

      You cant action ? Like what everything has been done legally. That what’s so great about our country, ordinary people can stand up against big business. Ordinary people might not win but they have a chance. Under Bill’s country it would be like a dictatorship.

      Bill why do you believe RSP and the ex solicitor ?

    • The whole point of the appeals system is that there isn’t necessarily a right to appeal. An appellant seeks leave to appeal, which might or might not be granted.
      Suing Ms Dawes for being vexatious has as much chance of getting off the ground as aircraft at Manston.

    • Steve – good job you hide your surname or I could see a few writs flying your way. Or maybe you are still at school.

  20. NEARLY 10 years closed, it has not impacted thanet, it is not of any importance it has no national significance, thanet has done better without it and the other options have genuine merit to provide a greater number of jobs, opportunity which is not a world polluter, and will generate far more skills and money for the area. But you morons want to continue to do the same failed thing again and again, if you do something repeatedly and the outcome is always the same then do something different, many have tried an airfield its failed many times on that site time it became something else, why have the other more sustainable and viable options not been followed, look no further than the politicians and thete ageing prawn sandwich brigade.

  21. I don’t know the owners of Manston Airport or that one of them being an ex solicitor which is totally irrelevant to my support of a Airport that has been there many years. Those who have opposed the airport have used personal insults -harassment, intimidation maliciousness fuelled by our local council and certain councillors
    for their own personal and political interests.

    • Indeed, Bill. It is significant that the airport always gets more support on Facebook, probably because it is far harder to hide one’s true identity.

    • My experience is quite the opposite: those who support the airport resort to personal abuse at the drop of a hat. Just look at the comments in this piece.
      The reason is clear: airport supporters have no facts or evidence to support their cause; those against have reams of it.

      • I don’t think you understand the JR process.
        The judge considers the way that the SoS made his decision, not the evidence per se. Were all the correct boxes ticked, and so on.
        The SoS acknowledged that he gave more credence to the qualitative evidence of Azimuth Aviation than the evidence of York and OveArup.
        The judges did not necessarily agree that there was an unmet neet for a cargo hub in the SE. They just said that the SoS had followed the correct process (eventually)

    • It’s the other way round. Manston’s supporters have been very rude indeed to people. Ann’s comment here is just one example of that.

  22. If Jenny, can one person over turn this airport then why doesn’t she turn her interest on parliament and turn on a bunch of rich idiots failing this country.
    I am for manston airport as are many people and if it does get stopped again then it should be turned back to nature a park of trees and parkland, not a housing estate as we (have as claimed) no infrastructure or jobs to accommodate.

  23. You must not have been there from day 1 when it closed and the prawn sandwich mob began to get petitions and could get enough numbers in terms of names and got friends family and serial petition signers from all over the country and many names which didn’t even exist oh please don’t forget the people with any differing opinions and the then owners who were getting abused constantly by the open the airport prawn sandwich brigade standing on the road outside the airport only in fair weather mind you all 13 of them. Where you one of the 13 or one of the severe obusers of anyone with a different opinion? This has only just started and the tactics used by the prawn sandwich mob are exactly what is needed.

  24. I love them as it goes. I hate with as much loathing as I have for hitler, injustice, corruption specially politicians, and no time for morons and liar’s, this debate has seen them all.

  25. The only course of action left is to stop fighting the development and just sit back and watch it fail.

    It will give me no personal satisfaction but those avid airport supporters might then realise they have been duped.

  26. They haven’t the sence, very one dimensional thought patterns. Which is why there not open to that land being a far greater benefit as something else that’s clearly sustainable and create more jobs than a multiple time failed airfield #buildonbrownfieldbuildonmanston

  27. Steve you are a very angry man with a single sided opinion, my grandfather was based at manston airport during the war and manston played a big part of the war as did much of Thanet. I also can trace my family’s history back hundreds of years all in Thanet. What ever happens to manston airport it’s history is still very important and don’t disrespect the men and women who gave there lives so you and I can have free speech, they deserve better

  28. Not forgetting the contribution of Manston at all, but that’s when it’s genuine usefulness ended. The reason the site has a memorial and museum is to remember the men and ladies which contributed, don’t need to keep a runway or live in the past to do this. Not angry at all frustrated at the mediocrity this government and it’s representatives aspire to, is that what your grandparents fought for, cause mine fought to aspire to far more. LEST WE FORGET.

  29. My goodness, there is some vitriol being expended on this topic..
    Some really bitter people choking on prawn sandwiches,we have morons and jerks being bandied about…WOW !
    Now let’s have some realism.
    Today Judge Dove refused the Application by Ms Dawes to go to Appeal on his Ruling on her Judicial Review….As expected, even by the Applicant herself.
    As we know she now has 21 days to take her Application to the Court of Appeal.
    That is good…However there is no guarantee that the Court of Appeal will accept her Application. If they Refuse, then that is the absolute end of the process.
    People keep on about the first JR being Quashed…
    In truth that was not a win for Ms Dawes, it was down to the DfT legal team pulling out, as they didn’t consider that the Letter Granting the DCO was sufficiently strong..
    Yet the very experienced and senior Barristers representing RSP believed that they could have won the case in Court..So that aside they rewrote the the Letter Granting the Decision yet again, after even more submissions by all parties..
    Please note, the substance of the DCO wasn’t changed in any shape or form, nor has it been subsequently. So that shows that the DCO was in effect granted twice, by different Decision Makers.
    Then the case came before Judge Dean who ruled that the main points raised by Ms Dawes Legal Advisors was “unarguable “ but permitted a few minor points to be debated in an Oral Hearing…That turned out to be a farce !
    The judge listed to oversee the Oral Hearing was replaced at the last minute by NMrs Justice Lieven, who was totally unprepared, and admitted in open court that she couldn’t understand the difference between dedicated cargo aircraft, and Bellyhold.
    So, she took the easy option of “giving the benefit of the doubt “ to Ms Dawes, where in truth there was no doubt.
    Consequently it fell to the very experienced Judge Dove to hear the Judicial Review, he did and even allowed extra time in court. His Ruling running to 41 pages was very clear and unambiguous…leaving no room to challenge.
    Yet Ms Dawes submitted her Application to Appeal on the 22nd of September, and even stated she expected it to be refused…Well she wasn’t disappointed to learn today that it was.
    She now has 21 days to submit an Application to the Court of Appeal. There is no guarantee that it will be Accepted..if it is refused there is nothing further to dispute.It will be over.
    So far there has been close to £300K raised through Crowdfunding, How much more will be donated into the very deep pockets of the Lawyers?
    What has been gained? Nothing, other than delaying the inevitable, and preventing job creation for a lot of people. Why ? For the few people who don’t want the 107 year old Airport to be rebuilt to the most efficient and modern standards, with no care about the youngsters who so desperately need employment with prospects.
    People are moaning that automation will be the main operational systems employed.
    So, are they suggesting that servicing and repairing aircraft can be done by robots ?
    I think not .
    Much has been bandied about regarding the funding for the Airport…
    It’s all private investors monies…In UK registered Companies, so tax will be paid.
    TDC will also benefit from income paid directly to them.
    There are NO public monies required to fund the Development.
    The sooner it begins the better for all concerned.
    Try being kind to each other, it’s natural to have different views on many things, but it’s very unbecoming to resort to rudeness and name calling..
    Positive thinking is much better for you…Negativity causes illness, and is certainly not good for anyone…

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