‘Disappointed’ GACC to appeal Gatwick expansion decision as High Court dismisses legal challenges

High Court Judge Mr Justice Mould dismissed two challenges brought by GACC and CAGNE (Communities Against Gatwick Noise Emissions).

Gatwick's £2.2 billion expansion plans – which will allow around 100,000 extra flights a year – involve moving its emergency runway 12m (39.3 ft) to the north so that it can be brought into regular use.

The groups were fighting the plans which were approved by Transport Secretary Heidi Alexander in September 2025.

A GACC spokesperson said: “GACC and their Chairman Peter Barclay, who brought this case, are disappointed in today’s decision of Mr Justice Mould rejecting Mr Barclay’s claim against the Secretary of State’s decision permitting the large-scale expansion of Gatwick Airport.

“Because of the far reaching and significant detrimental impacts of the expansion, which effectively grants Gatwick a second runway and a 60% plus increase of throughput at the airport, we will be looking to appeal this decision.

“The Development Consent Order (DCO) made by the Secretary of State for Transport on 21 September 2025 was challenged by Mr Barclay on 5 grounds:

• failing to understand and apply the government’s own aviation policy, which specifically rejected a second runway at Gatwick,
• failing to act in accordance with the purpose of the statutory scheme envisaged by the Planning Act 2008 and Climate Change Act 2008 by applying an out-of-date national policy statement,
• failing to comply with the Environmental Impact Assessment Regulations and to take adequate account of Greenhouse Gas Emissions;
• failing to lawfully assess the need for and economic benefits of the development, in circumstances where GACC and the New Economics Foundation (NEF) had shown Gatwick’s economic case to subject to considerable doubt; and
• misinterpreting noise policies and reaching irrational conclusions on noise.

“The case was heard over 4 days (together with a claim brought by CAGNE) in January 2026. Today’s judgment rejected all grounds of challenge.”

Peter Barclay said: “Both before and since the DCO was approved by the Secretary of State, the Climate Change Committee, and now the Parliamentary Environmental Audit Committee also, have strongly recommended there should be no airport expansion.

“The expansion decision ignores that advice and the judgment today provides no answer on how outdated National Policy Statements should be addressed. Thus we must continue to challenge the Secretary of States's decision to allow Gatwick to proceed with this highly damaging project

“Gatwick's own recently published year-end financial and statistical statements show growth at Gatwick is stalling. Reliance on outdated policies and a flawed business case mean that not only will this expansion have devastating environmental impacts but it is also unlikely to deliver the economic benefits claimed. GACC therefore still endorses the statement 'Gatwick's Big Enough'.

“The upshot of the judge’s decision seems to be that noise policies are not worth the paper they are written on. They don’t require proper protections in a meaningful timeframe, while airports reap the economic benefits of expansion.

“This is particularly disappointing given the recent reports published on the harmful impact of noise on communities (Anase and ANNE reports).”

Alice Goodenough, partner of Goodenough Ring Solicitors, said: “This claim raised important questions about the interpretation of government policy, which explicitly rejected a second runway at Gatwick, and whether there would be any national economic benefit from Gatwick’s expansion due to serious doubts about the airport’s business case.

“Given the environmental harm that will result from this development, Mr Barclay is of the view that the High Court should have grappled with those questions, but failed to do so.”