R (Medway Council and Others) v Secretary of State for Transport, Local Government and the Regions [2002] EWHC 2516 (Admin), [2003] JPL 583

27 Jun 2019

Planning and Environment

Lisa acted for a group of local residents in this successful challenge to the lawfulness of the Government consultation document on the future development of air transport in the UK.

Maurice Kay J (as he then was) quashed the decision on the basis that the exclusion of options for the expansion of Gatwick Airport from the consultation document was irrational, premature and procedurally unfair.

The decision was also quashed on the basis that the Secretary of State had acted irrationally in view of the conservation and environmental importance of a proposed alternative site in Kent, and the obligation imposed by regulations 48 and 49 of the Conservation (Natural Habitats &c) Regulations 1994 on the planning authority to consider any reasonable alternatives, which would include Gatwick.

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