A group of residents living around Gatwick and under the fly-path of its commercial jets have begun a High Court legal challenge against the government over its decision to grant approval for the opening of a second runway at the Sussex airport.
Legal challenge: an extra 100,000 flights a year from Gatwick is not sustainable, say opponents to the new runway
Communities Against Gatwick Noise Emissions – or CAGNE – says that the impact of the airport’s expansion on climate change has not been properly assessed, and as a result development consent should not have been granted.
The plans were granted development consent in September.
Plans for the expansion were submitted in July 2023 and involve the repurposing of the current back-up runway at Gatwick, allowing it to operate alongside the main runway. The extra capacity could allow more than 100,000 extra flights per year by the late 2030s.
The group says there are number of gaps in the environmental assessment of the development. These include a failure to properly evaluate the significance of inbound flight emissions and a failure to assess the effect of non-carbon dioxide emissions on the climate.
CAGNE also argues that plans for the expansion wrongly rely on the Jet Zero Strategy, which is based on ambitious scenarios for the development of the aviation industry. The JZS assumes significant improvements in areas such as fuel efficiency, beyond current technology.
CAGNE has filed a judicial review claim against the decision on the following grounds:
- Flawed approach to calculating the significance of greenhouse gas emissions and/or failure to provide adequate reasons
- Error of law in the treatment of greenhouse gas emissions from international inbound flights
- Error of law in the treatment of non-carbon dioxide emissions
- Failure to take into account material risks in relation to the Jet Zero Strategy and/or comply with the duty to make enquiries and/or irrational approach to the JZS
- Error of law in relying extensively on the JZS, which is itself unlawful
- Unlawful failure to weigh noise harms in the planning balance
- Unlawful requirement concerning wastewater treatment
“It is absolutely shameful that residents are forced to take legal action to hold a government to account,” said Sally Pavey, the chair of CAGNE.
“Months were spent examining the Gatwick submissions and yet a government can just ignore the outcome for refusal and grant unsustainable growth at any price to the local environment and the planet.
“To build a brighter future you must look to what is sustainable, to what legacy we wish to leave future generations.”
CAGNE is being represented by solicitors Leigh Day.
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