An appeal against the rejection of an application for a judicial review of the decision to authorize the reopening and redevelopment of the Manston airport site has been rejected.
A judgment delivered today (May 21) by Lord Justice Peter Jackson, Lord Justice Lewis and Lord Justice Warby follows a Court of Appeal hearing in April.
An application for a judicial review of the decision to give the Manston airport project the green light was dismissed last September, but the plaintiff, Jenny Dawes, from Ramsgate, subsequently appealed against the ruling.
Today’s ruling means the DCO remains granted, as announced by the Department for Transport in August 2022, and RSP says recruitment of staff can now begin for both the construction phase and operational roles once the airport is ready to reopen .
Ms Dawes and her supporters wanted the approval of the airport project to be revoked, citing the lack of need for airport services in Manston.
The airport owners RiverOak Strategic Partners want to create aviation at the site with a cargo hub and associated businesses. The construction is expected to take place over 15 years and will include 19 cargo stands and four passenger stands for aircraft, as well as storage and fuel depots.
Tony Freudmann, director of Airport Owners RSP, said: “We have always been confident in our proposals and unwavering in our belief that we can create something very special at Manston, providing both vital capacity for UK air freight – and a sustainable economic boost for East Kent.
“Although the last seven years have been extremely frustrating at times, the fact that we have gone all the way to the Court of Appeal means no stone has been left unturned in considering our proposals.
“We can now deliver on our plans with the confidence that we have proven beyond doubt that Manston has a vital role to play in tackling the airspace capacity challenges plaguing London and the South East – and that this historic and strategically important airport can reinvent itself once again .” to meet the country’s needs in the global market.”
RSP says detailed planning, construction, recruitment and completion of the airspace change project will now take three years – with the airport expected to be operational in 2027.
“Ensured fairness”
Jenny Dawes, the appellant, said: “We always knew it would be difficult. We may not have succeeded in overturning Manston Airport’s second DCO, but more importantly, this decision has clarified the rules and ensured a modicum of fairness for future campaigners when the Secretary of State relies on new evidence in making the redetermination of a DCO were not consulted.
“The Court of Appeal decision is not about whether the Minister was correct to conclude that evidence based on interviews, transcripts of which were not disclosed, was sufficient to justify his decision.
“And nothing in the decision confirms that Manston Airport is viable. Manston Airport’s economic situation has not improved, nor have climate change concerns been addressed.
“I remain firmly of the view that the Government’s decision to proceed with Manston Airport is nonsensical, despite all expert evidence to the contrary and the worsening climate crisis.”
Legal challenge
In October last year, Ms Dawes’ appeal was refused, but she subsequently lodged an application for leave to appeal to the Court of Appeal.
In February this year, Ms Dawes was granted permission to appeal against the rejection of her application for a judicial review.
The application for planning permission was submitted by RSP in April 2018, withdrawn and then resubmitted in July 2018. At the time, Stone Hill Park planned to develop residential and recreational facilities for the site.
The planning inspection review of the DCO began in January 2019 and continued until July 2019. That July, RSP purchased 742 acres of the 770-acre Stone Hill Park site for £16.5 million. Stone Hill Park has withdrawn its master plan application for the site.
The building inspectorate committee recommended that no building permit be granted.
The Secretary of State disagreed and the DCO for the airport proposal was initially granted in July 2020 when the Department for Transport approved the application to establish an air cargo hub at the site.
The action was overturned in the Supreme Court in February 2021 after Ms Dawes and her supporters launched an appeal, which resulted in the Secretary of State admitting that the letter of approval for the decision issued by the Secretary of State did not contain enough detail.
Following the repeal, the Secretary of State issued a statement in June 2021 inviting further submissions from interested parties and announcing that he had appointed an independent aviation assessor, Ove Arup, to advise him on matters relating to the need for the development advise Prepare a report summarizing these findings.
The DCO was awarded for a second time in August 2022 by then Transport Secretary Karl McCartney, who disagreed with the findings of the audit authority’s report and the conclusions of the independent aviation assessor.
Ms Dawes then lodged a second application for judicial review. Since the first judicial review application, around £200,000 has been raised through around 2,000 donations to fund the measures.
The application for judicial review was initially rejected by Judge Lane in January 2023, but then allowed on partial grounds upon review by Judge Lieven in March.
At a hearing before the Honorable Justice Ian Dove in July 2023, the focus of the proceedings was on two areas: whether the airport’s needs had been properly assessed and whether due consideration had been given to the impact the program might have on the Government’s ability to meet those needs to meet future CO2 reduction targets.
In October, Judge Dove issued a ruling dismissing the motion.
Ms Dawes then applied for permission to appeal the verdict, but this was also refused.
An application for leave to appeal was then made to the Court of Appeal, which was granted on grounds of necessity.
The appeal court has now rejected this appeal.
The airport closed 10 years ago this month, in May 2014, resulting in the loss of 144 jobs.