A request to appeal against the decision to dismiss an application for judicial review of the decision to make a Development Consent Order for the reopening and redevelopment of Manston Airport has been granted.
A bid for a Judicial Review into the decision to give the Manston airport project the go ahead was dismissed last September but claimant, Ramsgate resident Jenny Dawes, then appealed that judgement.
Ms Dawes and supporters want the airport project approval to be quashed citing reasons including harm to tourism, climate and health and lack of need for airport services at Manston.
Airport owners RiverOak Strategic Partners want 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 airport closed in 2014 with the loss of 144 jobs.
In October last year, the appeal application by Ms Dawes was refused but she then lodged an application for permission to appeal to the Court of Appeal.
This has now been granted by The Rt Hon Lord Justice Warby on “need” grounds but refused permission to appeal on “climate change” grounds.
Sharing the news with supporters, Ms Dawes said the “need” grounds consist of:
- Ground 1(a)which is that it (1) was procedurally unfair to rely upon the Azimuth Report without having the underlying evidence or submitting that evidence to scrutiny by Interested Parties (2) the reliance on the IBA* report which the IPs were not afforded the opportunity to comment on.
- Ground 1(c) irrationality – i.e. that in determining whether there is a need for the development, the Defendant irrationally relied on qualitative, rather than quantitative evidence, despite having asked for quantitative need to be demonstrated in his Statement of Matters.
- Ground 1(d) which is there was an error of law as to treatment of potential growth at other airports; the minister erred in law because he was unlawfully advised in the briefing that the potential for growth at other airports was not a material consideration.
The Development Consent Order application was submitted by RSP in April 2018, withdrawn and then resubmitted in July 2018. At that time Stone Hill Park planned to develop housing and leisure for the site.
The Planning Inspectorate examination for the DCO began in January 2019 and ran through to July 2019. In that July RSP bought 742 acres of the 770 acre site from Stone Hill Park for £16.5 million. Stone Hill Park withdrew its masterplan application for the site.
The Planning Inspectorate Examining Authority panel recommended that development consent should not be granted.
The Secretary of State disagreed and the DCO for the airport scheme 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 Ms 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 2023 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 2023 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 in October.
Ms Dawes then applied for permission to appeal against the judgement but this was also denied.
The application for permission to appeal to the Court of Appeal was then lodged and has now been granted on the one ground of need.
RiverOak Strategic Partners have confirmed the permission has been granted.
A spokesperson said: “We have been advised that permission to appeal has been granted to Ms Dawes, on one ground, which means there will now be a hearing in the Court of Appeal.
“We remain concerned that this is simply a delaying tactic – frustrating the shared desire of RSP and the Government, together with a myriad of local organisations, businesses, and communities, to see Manston return to operational use as an international freight hub for London and the Southeast, creating employment opportunities for the people and organisations of East Kent and beyond.”
Reaction
North Thanet MP Sir Roger Gale said: “It appears to me utterly perverse that a Judge who is a member of an expert panel set up by the Government to determine planning matters should have decreed that there are no grounds, on ‘need’, environmental or any other matters, for appeal against the Secretary of State’s decision to grant a Development Consent Order on Manston Airport only to have that decision reversed and a right to yet a further appeal granted by another Judge whose expertise is not in planning.
“Fortunately the investors waiting to pour hundreds of millions of pounds into job-creating aviation facilities at Manston are staunch and will stand by the project but I am determined to ensure that the legal absurdities of this case are brought to the attention of the Lord Chancellor.
“It is a nonsense that an organisation like National Grid appears able to ride roughshod over the environment while a significant investment in the national interest can be frustrated by a handful of people with a bit of money behind them. This has to be addressed-fast.”
County Councillor Karen Constantine said: ““Good news for anyone concerned with preserving and improving the health of the residents of Ramsgate.
“Despite several requests, I have never seen any evidence from RSP of actions to remediate the negative impact on the health of those living under the flight path of the proposed air cargo hub, nor evidence about the supposed employment benefits.
“Whatever the eventual outcome of the latest appeal It has always seemed an unlikely prospect that an air cargo hub is needed. There are many obstacles that RSP still have to overcome in order to make this a viable proposition, not least of all the funding required. Again, there is no sign of the investment that is required for take off.
“It is time to move forward and think creatively of other uses that the Manston site could be considered for, which would hopefully preserve the heritage and create employment.”
