Key Facts
- •Manston Airport, with a history dating back to WWI, was the subject of a development consent order application to reopen as a dedicated air freight facility.
- •The Secretary of State (Defendant) granted consent, a decision challenged by Jennifer Dawes (Claimant) via judicial review.
- •The Claimant's challenge rested on two grounds: inadequate assessment of need (Ground 1) and insufficient consideration of climate change (Ground 2).
- •The Defendant relied heavily on Azimuth Associates' qualitative demand forecast, which lacked publicly available interview transcripts.
- •The Defendant also relied on the Decarbonising Transport Plan (DTP) and Jet Zero Strategy (JZS) to justify a neutral climate change impact, despite the JZS modelling not including Manston Airport.
- •The Examining Authority (ExA) and an Independent Aviation Assessor (IA) had previously raised concerns about the demand forecast and climate change impact.
Legal Principles
Fairness in administrative decision-making requires considering the context and providing opportunities for affected parties to make representations.
R v Secretary of State for the Home Department Ex Parte Doody [1994] 1 AC 531
The Planning Act 2008 governs development consent orders, requiring a statement of reasons for the decision.
Planning Act 2008
The Infrastructure Planning (Examination Procedure) Rules 2010 outline procedures for development consent order applications, including processes for reconsideration after a decision is quashed.
Infrastructure Planning (Examination Procedure) Rules 2010
A decision-maker must consider all legally material considerations, but the weight given to each is a matter of judgment.
Tesco Stores Ltd v Secretary of State for the Environment [1995] 1 WLR 759
Climate Change Act 2008 sets carbon reduction targets and establishes mechanisms for achieving them.
Climate Change Act 2008
Outcomes
Claimant's application for judicial review dismissed.
The court found no procedural unfairness or irrationality in the Defendant's decision-making process. The Defendant's reliance on the Azimuth report, even without full disclosure of underlying data, was deemed permissible. The court also upheld the Defendant's approach to climate change, finding the reliance on DTP and JZS justifiable despite the omission of Manston from JZS modelling.