Belfast City Airport challenge to proceed with judicial review in June

Judicial review over air passenger cap

The rival Belfast International Airport was granted leave to seek a judicial
review of the decision to remove the annual seats for sale restrictions.

A residents’ group, Belfast City Airport Watch Ltd, has also issued similar proceedings
against the move announced by Environment Minister Edwin Poots last December.

Both opponents want an order quashing the decision which lifts the limit of two
millions seats a year.

The cap on 48,000 annual flights at Belfast City is to remain in place.

Lawyers for BIA claim the Minister’s decision is unlawful and point out that
it has to abide by its own planning restrictions.

They also contend that he failed to take into consideration environmental information.

A further ground of challenge centred on claims that the seats restriction was
removed without checking whether there was an effective noise control system and
an improved noise management system in place at Belfast City.

Michael Humphries QC, for BIA, argued that a strong correlation exists between
the size of aircraft and noise emitted.

He claimed that bigger jet planes could replace some of the turboprop aircraft
that use Belfast City.

Mr Humphries, instructed by Carson McDowell Solicitors, told the court: “The
simple point is the removal of the seats for sale restriction gives an unrestricted
opportunity for slots occupied by very small aircraft to be used by very large
aircraft.”

David McMillen, for the Department, insisted however that the minister did consider
the environmental impact.

He added that a statutory process involving consultation was carried out.

“But in fact the minister went further than that – he consulted with the other
interested parties,” Mr McMillen said.

“He has gone way over and above what the statute requires.”

Mr Justice Treacy heard the application after another judge agreed to stand aside
to remove any concerns about apparent bias because of his involvement in related
proceedings before being appointed to the judiciary.

He granted leave to seek a judicial review on all points on the basis that any
arguable case had been advanced.