High Court Grants Permission to Challenge Southampton Airport Expansion

13 Dec 2021

Planning and Environment

After a three-hour hearing on 9 December 2021, Lang J granted permission to GOESA Ltd (a group of concerned local residents) permission to challenge Eastleigh Borough Council’s decision to grant a runway extension at Southampton Airport.

The grounds of challenge are:

1. By issuing planning permission on 3 June 2021, the Council breached a legitimate expectation that it would await the decision of the Secretary of State whether to hold a public inquiry before issuing planning permission.

2. The Environmental Statement unlawfully failed to assess the cumulative Green House Gas emissions of other airport expansion schemes pending at the time of the decision.

3. The Council misunderstood the tilted balance at paragraph 11(d) NPPF.

4. The Council proceeded on inadequate evidence to conclude the airport would not be viable without the runway extension and/or took into account the immaterial consideration of airport closure.

The claim is designed a “Significant Planning Court Claim” and will be listed for a two-day substantive hearing in 2022.

Ashley Bowes (instructed by Rowan Smith at Leigh Day) appeared for the Claimant (GOESA Ltd).

Read it on the BBC.

Menu