Manston DCO officially quashed – fresh decision from Sec of State only way the freight hub could proceed
Manston airport becoming a freight airport is the first Development Consent Order (DCO) for an airport. The Planning Inspectorate (PI)advised the DfT that plans should be rejected in October 2019. The DfT then wanted more information about the plans, from the airport developers, RiverOak Strategic Partners (RSP). In July 2020, Sec of State Grant Shapps, for the DfT decided to ignore the PI’s advice, and allow the DCO. This was then legally challenged by local campaigner, Jenny Dawes, and the challenge was allowed to go ahead, in October 2020. By December the Grant Shapps had agreed that his decision approval letter did not contain enough detail about why approval was given against the advice of the PI – so the DCO was quashed. Now on 15th February a High Court judge has ruled that the DCO is quashed. The Defendant (Secretary of State for Transport) and RSP will pay Jenny Dawes’ “reasonable costs” up to £70,000. Grant Shapps, will now need to issue a renewed decision on the DCO. If there is another DCO similar to the original, the same arguments against it still stand, based on need, breach of procedural requirements, and the Net Zero carbon duty. If he decides against another DCO, then RSP may bring another legal challenge, or give up.
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Manston airport development order officially quashed with fresh decision from Secretary of State now pending
February 15, 2021
By Kathy Bailes News 114 (Isle of Thanet News)
A Development Consent Order (DCO) granting approval for an air freight hub at Manston airport has now been officially quashed with a new decision now needing to be issued after a re-examination of the Planning Inspectorate evidence.
The action comes as the result of a Judicial Review challenge to the decision, launched by Ramsgate resident Jenny Dawes last year, which was to have been heard in the High Court tomorrow (February 16).
The substantive hearing was due to look at whether the Government followed correct procedure in reaching the decision to approve the DCO for airport landowners RiverOak Strategic Partners (RSP).
But, last December the Department of Transport acknowledged that the decision approval letter issued from the Minister of State did not contain enough detail about why approval was given against the advice of the Planning Inspectorate and said the Judicial Review would not be contested.
An official consent order from the court. has been issued today (February 15), saying the DCO is quashed, the Defendant (Secretary of State for Transport) shall pay the claimant’s (Ms Dawes) reasonable costs – limited to £35,000 – and the Interested Party (RiverOak Strategic Partners) shall pay the Claimant’s additional costs, also limited to £35,000. A decision on whether this sum includes VAT has not been made.
The Secretary of State will now need to issue a renewed decision.
Ms Dawes, who brought the Judicial Review following a successful crowdfunder, said: “This is the first time a decision to grant a DCO has been quashed. Secretary of State Grant Shapps is now expected to invite further submissions from interested parties. He has three months to make a decision, although this can be extended.
“If he grants a DCO, another Judicial Review will be brought on existing grounds and any further grounds that may arise on review. If he refuses a DCO, Riveroak Strategic Partners may wish to bring a Judicial Review.”
RSP director Tony Freudmann said: “In the High Court today Mr Justice Holgate approved a court order which had been agreed by all the parties to the Manston judicial review in December last year.
“The order allows the judicial review on the ground that the Secretary of State for Transport did not give adequate reasons for his decision. It also quashes the Manston DCO and orders costs in favour of the Applicant.
“The effect of the order made today is only to require the decision to be re-taken following a further representation period, it does not reverse any earlier stages of the process. The Secretary of State is likely to explain the reasons for his decision in more detail this time round.”
The DCO application was accepted for examination in August 2018 and it was completed on 9 July 2019. The examination was conducted on the basis of written and oral submissions submitted to the ExA and by eight issue-specific hearings, two compulsory acquisition hearings and four open floor hearings held in Margate and Sandwich. The ExA also conducted one unaccompanied site inspection in January 2019 and one accompanied site inspection in March 2019.
The examining panel recommendation was for refusal. This was overturned by the Secretary of State when granting the original DCO.
The Judicial Review challenged that decision based on:
Ground 1: Need
Ground 2: Breach of Procedural Requirement/Unfairness
Ground 3: Net Zero Duty
Deb Shotton, Vice Chair of the Thanet Green Party which opposes the project on climate grounds, says there is increasing interest in development of the site for clean energies, saying: “Green jobs in a growth industry would be far more beneficial for Thanet and beyond.”
Airport campaign group SMAa says the order means the process can start moving again.
The site is in ownership of RSP after a £16million buy out from previous owners Stone Hill Park who had hoped to gain permission for a multi-use housing, business and leisure development.
RSP aims to create aviation at the site with a cargo hub and associated business. Plans for construction will be phased over 15 years and will include 19 freight stands and four passenger stands for aircraft as well as warehousing and fuel storage.
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Government order to reopen Manston Airport officially quashed by High Court
KENT TRAVEL NEWS (Kent online)
By Joe Wright jwright@thekmgroup.co.uk
15 February 2021
The government go-ahead on reopening Manston as an airport has been officially quashed by the High Court.
It has been confirmed that the transport secretary’s previous decision to allow the Thanet site to reopen as a freight air hub does not possess adequate justification.
As a result, the government has been ordered to pay the campaigners’ legal costs – up to £35,000 – while RiverOak Strategies (RSP), the airport’s owners, cover the claimant’s additional costs.
Today’s expected result is however not the end as all evidence will now be once again pored over and a new decision is required in the future.
A judicial review had been launched by campaign leader Jenny Dawes, with evidence put forward against Grant Shapps’ approval of a development consent order (DCO).
That DCO would have paved the way for the old airport to be used as a freight hub.
The government was acting against the advice of the Planning Inspectorate, and anti-airport campaigners launched a bid for a judicial review calling for the order to be reversed.
The case was due to be heard on February 16 and 17 at the High Court in London, but the Government conceded in December that its approval did not contain enough detail.
They announced the judicial review would not be contested as it “did not give adequate and intelligible reasons” for going against the Planning Inspectorate.
Following that concession, an official consent order from the High Court has today been issued saying the DCO is quashed.
A statement from RSP reads: “In the High Court today, Mr Justice Holgate approved a court order which had been agreed by all the parties to the Manston judicial review in December last year.
“The order allows the judicial review on the ground that the Secretary of State for Transport did not give adequate reasons for his decision. It also quashes the Manston DCO and orders costs in favour of the Applicant.
“The effect of the order made today is only to require the decision to be re-taken following a further representation period, it does not reverse any earlier stages of the process. The Secretary of State is likely to explain the reasons for his decision in more detail this time round.”
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See earlier:
Update from Jenny Dawes – who brought the legal challenge against the government’s Manston decision
4th December 2020
Following the quashing of the Manston Airport Development Consent Order 2020 by the Court, the Secretary of State will write to all interested parties, setting out key issues and inviting further written representations on those issues.
Interested parties include the applicant, the local authority and anyone who previously registered by filling out a Relevant Representation form at the inquiry stage (and had it accepted as valid).
The Secretary of State will make a decision based on the Examining Authority’s Report and the further representations. The Secretary of State has three months to make a decision but this can be extended.
The decision could be either a refusal to make a Manston Airport Development Consent Order or a decision to grant such a Consent Order.
If a DCO is refused, RiverOak Strategic Partners (RSP) may wish to bring a judicial review. I would be an Interested Party in any such challenge.
If a DCO is granted, another judicial review can be brought on the existing grounds and any further grounds that may arise on review of the decision letter.
https://www.crowdjustice.com/case/support-judicial-review-of-man/
Manston airport development DCO approval ‘to be quashed’ by government – with decision for refusal, by Planning Inspectorate, to be re-examined later
A hearing in February set for the legal challenge over the government’s decision to give permission for the development of Manston airport into an air freight hub will now not take place. The Secretary of State for Transport has said they will not contest the case. The substantive hearing – which involves the lodging of evidence from the defendant, and interested party (RiverOak Strategic Partners Ltd) – was to assess whether the Government followed correct procedure in reaching the decision to approve the DCO for the landowners, even though this overturned the recommendation of the Planning Inspectorate (PI). Now the DfT has acknowledged that the decision approval letter issued from the Minister of State did not contain enough detail about why approval was given against the advice of the PI. This means the DCO approval for Manston airport will be quashed. It the development of Manston airport is to happen, it will require a new decision to be issued, after a re-examination of the Planning Inspectorate evidence. RiverOak Strategic Partners Ltd, will not be defending their claim. The Treasury Solicitor will now draft an order disposing of the case. The order will have to be approved by all parties and submitted to the Court to be sealed – this final step may take several weeks.
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Update on Judicial Review of Manston Airport DCO.
The Court has now listed a 1.5 day substantive hearing for 16-17 February 2021, of the case which has been brought by the remarkable Jenny Dawes. Info about the case at https://www.crowdjustice.com/case/support-judicial-review-of-man/
Manston airport judicial review: permission granted for legal challenge
A judge has granted permission for a legal challenge against the government’s decision to reopen Manston airport. The crowdfunder set up to help pay for a judicial review has now reached more than £80,000. Now the application for the review has been granted, the Secretary of State’s decision in July to approve a development consent order to open Manston as a freight cargo air hub will be challenged in court. The legal battle was launched by Jenny Dawes, the chair of Ramsgate Coastal Community Team. Solicitors Kate Harrison and Susan Ring of Harrison Grant are acting for her, and instructing barristers Richard Wald QC and Gethin Thomas. The reasons for opposing the reopening of the airport for freight are partly due to the noise, as the arrival flight path is directly over Ramsgate, near the airport. There are also strong arguments on air pollution and the UK’s climate targets. The advice of the Planning Inspectorate was to refuse permission for DCO. Jenny said: “According to the government’s own experts, re-opening the airport will damage the local economy and impact negatively on the UK’s carbon budget and our commitments to the Paris climate agreement.”
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