Judge defers ruling on Carlisle man’s airport challenge

29.9.2009   (News & Star)

A Carlisle man who is fighting plans for redevelopment of the city’s airport
took his challenge to the scheme to the High Court in London.

Thomas Gordon Brown, of Lane End Farm, Irthington, objects to the granting of
planning permission for a freight storage and distribution facility at the Crosby-on-Eden

The site’s owner, Stobart Air Ltd, secured permission earlier this year, promising
in addition to make plans for ‘airside’ development, including work on the runway
and a passenger terminal.

But Mr Brown claims that the council’s decision to grant planning permission
for the work – which is expected to create 85 new full-time jobs – was "unlawful"
and should be overturned.

Opening the claim before Mr Justice Owen, his barrister, Gregory Jones, said the problem with the way the planning application was dealt with stemmed
from how it was made.

The company, he said, had submitted the application and a subsequent statement
on its expected environmental impact based solely on the storage and distribution

But, since both the council and the company had agreed it would not go ahead
without the ‘airside’ work, that did not fulfil obligations relating to environmental
considerations, he added.

Mr Jones told the judge:"For the council to grant planning permission on the
basis of the environmental information which considered only the likely effects
on the environment of the non-airside development was unlawful."

After hearing the arguments, Mr Justice Owen opted to reserve his judgement on Mr Brown’s application until a later date.




see also


Carlisle airport

for more information on Carlisle airport
Carlisle airport was bought in 2006 by Stobart Air. In 2007 they submitted an
application for a

new runway and integrated terminal and massive regional freight storage and distribution
centre for Eddie Stobart road haulage, to be built on a greenfield site.     In
April 2008 Carlisle City Council (CCC) imposed various conditions.   By summer
2008, and once the Government Office for the North West (GONW) called in the application,
Stobart Air withdraw it.     Later in 2008 a second application was submitted, for
landside development only, which comes with a draft s106 agreement that binds
StobartAir to resurfacing the existing runway to increase its strength.    Included
also is the provision to convert as yet empty office space to a terminal building,
all under Permitted Development rights.   The accompanying Environmental Impact
Assessment does not assess any of the proposed airside works.   The Development
Control committee then passed the plans despite warnings of potential judicial
review from objectors.

A local farmer, Gordon Brown, applied to Newcastle High Court for leave to get
a Judicial Review.

This was refused in July. The basis of the case is that the airside works are
not environmentally

assessed, the matter has not been referred to GONW as a departure and that CCC
misrepresented their barrister’s advice. On 28th September, Gordon had a hearing
in the High Court in London, Royal Courts of Justice, Queen’s Bench Division,
and the judge has now deferred his judgement.   This is still awaited. Gordon’s
father and three other tenant farmers have been given Notice to Quit the site
(where they have been since 1910).

Meanwhile, the airport has hopes of getting passenger flights started in late
2010 or 2011.