Challenge to Manston airport DCO – barristers from 39 Essex Chambers, and Harrison Grant solicitors
Paul Stinchcombe QC, Richard Wald QC and Gethin Thomas are instructed by Kate Harrison and Susan Ring of Harrison Grant LLP in a judicial review of the Secretary of State for Transport’s decision to approve the re-opening of Manston Airport, as a dedicated freight airport. In so deciding, the Secretary of State overturned the recommendation of the Examining Authority [the Planning Inspectorate] to refuse development consent. They act on behalf of Jenny Dawes, a local resident who participated in the examination. Manston Airport has been disused since it was formally closed in 2014. The claim, issued on 19th August, contends that the Secretary of State’s analysis of the need for the development was flawed, and that moreover, the Secretary of State failed to discharge his duty to ensure that the net UK carbon account for the year 2050 is at least 100% lower than the 1990 baseline (“Net Zero”), under section 1 of the Climate Change Act 2008.
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Paul Stinchcombe QC, Richard Wald QC and Gethin Thomas are instructed by Kate Harrison and Susan Ring of Harrison Grant LLP in a judicial review of the Secretary of State’s decision to approve the re-opening of Manston Airport, on the Isle of Thanet in Kent, as a dedicated freight airport. In so deciding, the Secretary of State overturned the recommendation of the Examining Authority to refuse development consent. They act on behalf of Jenny Dawes, a local resident who participated in the examination. Manston Airport has been disused since it was formally closed in 2014. The claim, issued today, contends that the Secretary of State’s analysis of the need for the development was flawed, and that moreover, the Secretary of State failed to discharge his duty to ensure that the net UK carbon account for the year 2050 is at least 100% lower than the 1990 baseline (“Net Zero”), under section 1 of the Climate Change Act 2008. Manston Airport is the first ever proposed airport development to go through the DCO examination process, and the claim is the first challenge to an airport DCO. Gethin previously acted on behalf of local resident objectors pro bono through the Environmental Law Foundation.
https://www.39essex.com/challenge-to-manston-airport-dco/
See earlier:
19th August 2020
Judicial review challenge to Manston Airport DCO issued today – Kate Harrison & Susan Ring of @HGLegal instructing Paul Stinchcombe QC, Richard Wald QC & Gethin Thomas in Judicial Review of Sec State’s decision to approve re-opening of Manston Airport, as dedicated freight airport.
The claim has today been issued at the High Court: the Defendant & Interested Party (RSP) now have until 11 Sept to file an acknowledgement of service indicating whether they wish to contest the claim and, if so, setting out their summary grounds for doing so
Pre-action letter urging Secretary of State to overturn Manston Airport decision is rejected
14 August 2020
A pre-action letter demanding the government’s decision to reopen Manston Airport be overturned has been rejected by the Secretary of State for Transport. Campaigner Jenny Dawes, who has launched a bid to stop the former airfield near Ramsgate becoming a freight cargo air hub, sent the letter to MP Grant Shapps, but he has refused to reverse the approval.
She says in light of this, she is now preparing for a legal battle, with her team – solicitors Kate Harrison and Susan Ring of Harrison Grant – getting ready to submit an application next week for a judicial review. If the review is granted, the decision by Mr Shapps to approve a development consent order to open Manston as a cargo hub will be challenged in court.
A crowdfunder launched by Ms Dawes last month to help fund the fight has reached £65,120 in pledges.
She says the pre-action letter setting out the draft grounds for judicial review was sent to the Secretary of State, who had 14 days to respond. “The next step is to issue the claim at court and apply for permission to bring proceedings,” she said. “This will be served on the Secretary of State as the Defendant and the developer as an Interested Party. All this must be done by August 20.” To see the crowdfunder click here.
https://www.kentonline.co.uk/thanet/news/demand-to-overturn-airport-decision-rejected-232199/
Government grants Manston DCO to allow the airport to re-open, against Planning Inspectorate recommendation
Manston has been closed as an airport since May 2014. It is the first airport to have to take its plans through the DCO (Development Consent Order) process, dependant on the Airports National Policy Statement (ANPS). It always failed as an airport in the past, largely due to its location. In October 2019, the Planning Inspector recommended to the Secretary of State for Transport that Manston should not be re-opened. The decision was then for transport minister Andrew Stephenson, “with the secretary of state, Grant Shapps, recused to avoid any conflict of interest.” He has now given approval to the DCO for the airport to re-open, for cargo and even passengers – overruling the Planning Inspectorate (PINS). The airport claims it could open by 2023, handling up to 10,000 cargo flights a year as well as passenger services, with construction starting as early as 2021. There is huge opposition to the plans, due to noise and air pollution. The approach path from the east is directly over Ramsgate, about 2 miles from the airport. PINS had said opening Manston would have “a material impact on the ability of government to meet its carbon reduction targets”. The ANPS is currently not valid, awaiting a Supreme Court hearing on 7th and 8th October.
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