Judge Holgate’s decision on legality of Southampton Airport runway extension approval expected soon
A High Court ruling, by Justice Holgate, on whether the decision by Eastleigh Borough Council to grant planning permission for the 163 metre extension of the runway at Southampton Airport was unlawful is expected in the coming days. In April 2021, Eastleigh Borough Council voted to approve planning permission for the scheme. Then this was followed in July 2021 by a judicial review (JR) claim filed by GOESA Ltd – the local opposition group. They say the decision should have been called in, for decision by the Secretary of State, and that Southampton Airport has greatly overstated the economic benefits of the expansion and underplayed the environmental impacts. Following an oral hearing in December, permission was granted for a JR, and this was finally heard on April 27 and 28, with Justice Holgate presiding over the case. The review considered the environmental impacts of the scheme, legal and planning issues and whether the plan should have been called in. The judge said a confidential draft of his decision would be circulated to the QCs and their legal teams in the coming days, with a final version to be made public shortly after.
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Decision on Southampton Airport runway extension expected this week
3 MAY, 2022
BY ROB HAKIMIAN (New Civil Engineer)
A High Court ruling on whether the decision to grant planning permission for the extension of the runway at Southampton Airport was unlawful is expected in the coming days.
The airport is looking to extend the northern end of its runway by 164m, which remains within its current boundaries, saying it is “absolutely critical to [its] viability as a regional airport”. In April 2021, Eastleigh Borough Council voted to approve planning permission for the scheme.
However, this was followed in July 2021 by a judicial review claim filed by GOESA Ltd (Group Opposed to the Expansion of Southampton Airport), a group of residents under or near the flight path. It is the group’s contention that Eastleigh Council was wrong in both the way it was taken and the arguments to justify it.
The group was displeased that the Council gave the green light before the Secretary of State for Housing, Communities, and Local Government had had time decide whether to call in the application for a public inquiry. GOESA also says that Southampton Airport has greatly overstated the economic benefits of the expansion and underplayed the environmental impact and the effect the noise will have on around 46,000 nearby residents.
The High Court initially rejected the campaign group’s claim, but GOESA took the opportunity to have the application renewed in open court. Following an oral hearing in December, permission was granted for a judicial review.
The judicial review was finally heard last week on April 27 and 28, with Justice Holgate presiding over the case.
Over the two-day hearing, legal representatives of both sides argued over the grounds on which the application was approved;
- the impact on the surrounding countryside;
- whether the airport had overstated its need for the extension;
- the relevance of planning policies consulted by the authority during the decision making process;
- whether the scheme should have been called in by the Secretary of State;
- and whether objectors to the scheme had a legitimate expectation that it could not be approved before the government decided whether a public consultation was necessary.
Following the conclusion of the hearing, Justice Holgate decided to reserve judgement. He told the representatives that a confidential draft of his decision would be circulated to the QCs and their legal teams in the coming days, with a final version to be made public shortly after.
Airport expansions have been a hot topic of late as passenger numbers continue to rise post-pandemic. Proponents of expansion have come toe-to-toe with environmental campaigners on several proposed expansions, but with the Planning Inspectorate granting Bristol airport permission for expansion on appeal experts have warned that a dire precedent has been set.
The government’s stance on decarbonising aviation remains lacklustre, according to industry commentators.
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See earlier:
Southampton Airport runway extension decision set for judicial review
The residents group, GOESA Ltd, that has been challenging plans to extend the runway at Southampton Airport, have won the right to take the matter to judicial review (JR). The judicial review will take place in the New Year, submitting evidence to the High Court, but the date is not yet known. GOESA Ltd is crowdfunding to raise the money for the legal costs. The plans to extend the runway by 164m (538ft) were approved by Eastleigh Borough Council in April. Initially campaigners against the plans had their request for a JR refused by the High Court, but that has now been overturned. Rowan Smith, the group’s solicitor, said: “They will now have another opportunity to convince the court that permission for an expanded Southampton Airport was unlawfully granted and should be reversed.” The airport claims all sorts of economic benefits from the runway extension. The leader of Eastleigh Borough Council hopes the legal processes can happen quickly, so the airport can proceed quickly with its plans, which he claims are good for the regional economy….
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Legal challenge puts Southampton Airport expansion on ice
August 11th 2021
Southampton Airport’s runway expansion plans have been put on ice after a legal challenge to the proposals has been given a hearing at the High Court. Campaign group GEOSA Ltd has been granted a judicial review into the decision by Eastleigh Borough Council to approve the runway extension in April. The Southampton Airport plans would see a 164m runway extension built as well as a new 600-space car park and the erection of a blast screen to the north of the new extension. The council approved the plans by 22 votes to 13. Campaigners have long called for the runway extension decision to be independently reviewed, and claim that increased aircraft noise would impact people living outside the Eastleigh village. Opponents of Southampton Airport expansion have instructed a legal team led by Leigh Day and David Wolfe QC to pursue the case and have crowdfunded £20,000 and have received £35,000 in direct donations to help pay for the judicial review.
Southampton legal challenge against airport decision by Eastleigh Borough Council
The local campaign against the expansion of Southampton airport, AXO, has now decided to make a legal challenge against Eastleigh Borough Council, and their decision to allow extension of the runway. That extension would have the effect of increasing the number of flights using the airport, and allow flights to more distant destinations – increasing the overall carbon emissions. Decisions such as these, resulting in more climate heating, need full scrutiny and that can now only happen by Judicial Review. The opponents of Southampton Airport expansion have instructed a legal team led by Leigh Day and David Wolfe QC to pursue the case, and are launching a public appeal for money to help finance the action. AXO believe strongly that the council’s decision was wrong both in the way it was taken and the arguments to justify it. The airport has greatly overstated the economic benefits of expansion, which will adversely affect the quality of lives of around 46,000 residents, whilst hugely underplaying the environmental impact. Hence they are calling for the decision to undergo independent scrutiny. There is a crowdfunder, to raise £10,000, to help pay the legal costs.
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Eastleigh BC confirms its decision to allow Southampton airport 164 metre runway extension
Eastleigh Borough Council (EBC) has confirmed, on 3rd June, its decision to permit Southampton airport’s 164 metre runway extension. The PCU (Planning Casework Unit at the Ministry of Housing, Communities & Local Government) had an informal agreement with Eastleigh to hold off on the decision while the Sec of State, Robert Jenrick, considered the call in request. The PCU said the planning permission would not be issued until the S106 Legal Agreement was completed. On 14 May EBC told the PCU that they had completed the S106 and would grant permission at the end of May unless they heard back to the contrary, from the PCU … which they didn’t. It is now too late for the application to be called in. Extinction Rebellion Southampton said the Secretary of State must be held to account for his failure to act on climate grounds. Work on the runway extension could start later this summer. Campaigners have not confirmed whether they will challenge the final decision.