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High Court Rejects Challenge to Grant of Permission for the Stansted G1 Proposals

DATE: 13 Mar 2009

Sir Thayne Forbes today dismissed a s.288 challenge (Barbone and Ross v Secretaries of state for Communities and Local Government and Transport ) against the decision of the Secretaries of State for Communities and Local Government and Transport to grant planning permission for the removal of one condition (Condition MPPA1) and the variation of a second condition (Condition ATM1) attached to a planning permission dated relating to the development and use of Stansted Airport. The effect of which is to allow the existing runway at Stansted to operate with an annual passenger throughput not exceeding 35 million passengers and air transport movements not exceeding 264,000 overall in any period of 12 calendar months.

The unsuccessful claim alleged that the reasoning of the Secretaries of State demonstrates that they made their decision without taking proper account of certain environmental and economic considerations which were material to their determination of the planning appeal. In particular in relation to environmental matters the complaints focussed on the issues of: (i) noise and (ii) the impact on the environment of the aviation emissions which would be generated by the operation of Stansted in accordance with the G1 project.

The learned Judge rejected these complaints saying that he had come to the firm conclusion that this application must be … dismissed

Tim Mould QC and James Maurici are appearing for the Secretaries of State.

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