Permission refused for Gatwick Obviously NOT’s Judicial Review. They appeal.
Gatwick Obviously NOT, the flight path group set up last year in response to the newly concentrated arrival flight paths to Gatwick, has been refused permission to proceed with their JR against the CAA. Though disappointed, the GON’s Strategic Team of 15 spent much of the weekend conferring on the best way forward. They had to review and understand the reasons for the Order to Refuse and take the advice of their QC, John Steel. Having done so, the very strong consensus was to go to Appeal, and Counsel has been instructed. It is expected that this will we have now given those instructions to our Counsel. We expect that this will happen in the autumn. It is, however, a daunting task to take on the CAA, the Secretary of State for Transport, Gatwick airport and NATS. The decision to go for Appeal was taken with great care – and fundraising is under way to raise the necessary funds. GON say the judge, Mr Justice Haddon-Cave, while refusing the Permission, added a postscript, seeming to suggest that there may be an issue about the need for consultation for ‘seismic’ events (such as the flight path changes introduced without notice) that is more a matter for the law-makers, not the lawyers. GON are staging a huge outdoor photo stunt on 16th August. Details below.
The Judicial Review – Permission has been Refused
4.8.2015 (Gatwick Obviously NOT – GON)
Gatwick Obviously NOT heard late last Friday that they had been refused Permission to proceed with their JR against the CAA.
Naturally we were disappointed and GON’s Strategic Team of 15 spent much of the weekend conferring on the best way forward. They had to review and understand the reasons for the Order to Refuse and take the advice of their QC, John Steel.
Having done so, the very strong consensus was to go to Appeal, and GON have now given those instructions to their Counsel. They expect that to happen in the Autumn.
It is not without some thought that one takes on the CAA, Secretary of State for Transport, Gatwick and NATS and the same care was given to our decision to go to Appeal.
GON are grateful for all the support they have received, both financial and moral since they launched the JR process back in February. GON’s chair, Martin Baraud, managed to write to over 30 of their major donors individually over the past few days, informing them of the situation. He said the responses received have been wonderful, generous and kind.
Intriguingly, Mr Justice Haddon-Cave, while refusing the Permission, added this postscript, seeming to suggest that there is indeed perhaps an issue about Consultation for ‘seismic’ events (such as people in west Kent have all suffered in their skies, and core to the GON JR) – simply, in his opinion, one for the lawmakers, not the lawyers:
25. As was acknowledged by Counsel for the CAA, Mr Nardell QC, at the oral hearing, the Secretary of State has a general power to give directions as he thinks necessary or expedient in relation to matters concerned with environmental impact (see s.39 of the Transport Act 2000). This could include further directions to licence holders to consult in certain circumstances. Whether there is a case for doing so in relation to what some might be regard as ‘seismic’ changes in vectoring practices is, however, a matter for the Secretary of State, not the Courts.
For the JR, the “Ground of Claim” is that there has indeed been a change in the use of airspace and that the CAA should first have consulted on such change before it was put into effect by GAL and NATS. To date no consultation has taken place and this whole procedure has been bypassed. GON wants proper consultation, and that a full airspace change process is carried out.
Video clip of the noise
Short video by Gatwick Obviously NOT illustrating the aircraft noise problem they have, with a concentrated flight path overhead. YouTube
“Gatwick Obviously NOT” serves Judicial Review upon the CAA, on airspace change, with Gatwick Airport as an “Interested Party”
The relatively new campaign, “Gatwick Obviously NOT”, (GON) which was set up in response to changes to flight paths to the east of Gatwick airport during summer 2014, has served a Judicial Review upon the CAA, with Gatwick Airport Limited and the Secretary of State for Transport listed under the CAA as an ‘Interested Party’. The claim is being brought by Martin Baraud, the Chair of GON. The “Ground of Claim” is that there has indeed been a change in the use of airspace and that the CAA should first have consulted on such change before it was put into effect by GAL and NATS. To date no consultation has taken place and this whole procedure has been bypassed. GON wants proper consultation, and that a full airspace change process is carried out. They also want there to be no airspace changes by the CAA without approval by the Secretary of State. GON has already succeeded in raising over £100,000 and they will be fundraising further, for more legal costs.
Flight Path Protest Meeting
At Penshurst – Rogues Hill, Penshurst, Kent TN11 8BN
Sunday 16th August at 5pm
(lasting about 90 minutes).
Crowd needed! Please come if you can!
For details, please contact GON on firstname.lastname@example.org Anyone who can help distribute flyers about the day is asked to get in touch.
Everyone is invited to join GON as they reveal a giant message for the planes over 100 ft long, laid out in a field in the heart of the village. There will be full media attendance.
Bring as many dogs and children as you like. Great pub very close. Free parking in the village
Martin (a professional photographer) will be directing and photographing it from a small crane, helping the press get their pictures. A high-end professional drone team have also been secured to record moving footage for PR and media purposes.