GACC seeks permission to appeal High Court ruling on Gatwick expansion: Court of Appeal hearing starts

Hearings in the Court of Appeal have begun as Gatwick Area Conservation Campaign (GACC) seeks permission to appeal the High Court ruling to allow the expansion of Gatwick Airport.

A GACC spokesperson said: “Tuesday (July 28) marked the second day in the Court of Appeal’s hearing on permission to appeal in Peter Barclay’s, Chair of GACC, case challenging the Secretary of State’s decision to grant a DCO allowing Gatwick Airport’s expansion.

“The hearing was before two judges of the Court of Appeal and followed the dismissal of Mr Barclay’s judicial review claim in the High Court in June.

“Alex Goodman KC from Landmark Chambers, supported by Gethin Thomas of 39 Essex Chambers and Alice Goodenough of Goodenough Ring Solicitors, focused on two grounds of challenge.

Northern Runway at Gatwick Airport. Picture by Hollie Rplaceholder image
Northern Runway at Gatwick Airport. Picture by Hollie R

“The first was whether the Judge had erred in finding that the Secretary of State had properly interpreted aviation policy, namely the Aviation National Policy Statement (ANPS), which explicitly ruled out a second runway at Gatwick, and Making Best Use of Existing Runways (MBU).

“The second focused on whether the Judge had erred in relation to the adequacy of the Secretary of State’s analysis of the need for, and economic benefits of the scheme given the demonstrable flaws in Gatwick Airport’s business passenger forecast. Those flaws were calculated by GACC and the New Economics Foundation (NEF) to lead to overall harm to the national economy, not the substantial gains the Secretary of State envisaged but ultimately were unsupported by the evidence.

“Lord Justice Dove and Lord Justice Holgate are expected to make a decision on permission in the coming days or weeks.

“A legal challenge is the only way to prevent the expansion going ahead. It is also, however, an expensive exercise. GACC has a major fundraising programme underway, and we would be very grateful for your support. Donations can be made at https://www.crowdjustice.com/case/gacc/.”

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