High Court hands down judgment in challenges to Gatwick second runway DCO

Alex Goodman KC acted for Mr Barclay (Claimant), Odette Chalaby for Communities Against Gatwick Noise Emissions (Claimant).

The High Court (Mould J) today handed down a 195-page judgment following a four-day rolled-up judicial review hearing in January relating to the 2025 development consent order (DCO) for Gatwick Airport’s northern runway project.

Two challenges were brought, one by Peter Barclay and one by Communities Against Gatwick Noise Emissions (CAGNE).

The proposed project would replace Gatwick’s existing northern standby runway with a second full operational runway, increasing passenger capacity by approximately 13 million passengers per annum to reach 80 million passengers per annum by 2047.

The scheme proposed by Gatwick Airport during the DCO examination was recommended for refusal by the Examining Authority. However, the Examining Authority recommended that the Secretary of State approve a revised scheme with tighter environmental controls. It is the first time that such an approach has been adopted.

The challenge to the ultimate grant of the DCO by the Secretary of State was advanced on a number of grounds, including in relation to climate change, noise, environmental impact assessment, and wastewater.

However, both Mr Barclay’s and CAGNE’s claims were dismissed by Mould J.

The claim is the first to be heard under new expedited timetables for judicial review of DCOs. The hearing was held within eleven weeks of the decision being issued. Under the new rules for nationally significant infrastructure challenges, the Claimants have seven days to make any application for permission to appeal to the Court of Appeal.

Alex Goodman KC and Gethin Thomas acted for Peter Barclay (instructed by Goodenough Ring Solicitors).

Estelle Dehon KC, Ruchi Parekh, Odette Chalaby and Lois Lane acted for CAGNE (instructed by Leigh Day).