Permission to appeal refused in the judicial reviews of the Secretary of State for Transport’s decision to grant a Development Consent Order for the Northern Runway Project at Gatwick Airport

Judgment was handed down on 4th August 2026 by Holgate and Dove LJ in R (on the application of Peter Barclay) v Secretary of State for Transport and Another and R (on the application of CAGNE) v Secretary of State for Transport and Another [2026] EWCA Civ 1040 refusing permission to appeal. Five members of 39 Essex Chambers were involved representing 3 parties in the appeal.

These are two linked judicial reviews challenging the decision of the Secretary of State for Transport to grant Gatwick Airport Limited a development consent order for the Northern Runway Project at Gatwick Airport.

The case was heard over 1.5 days having been listed for an urgent oral permission hearing. The appeal challenged the decision of Mould J in [2026] EWHC 1556 (Admin) handed down on 23 June 2026 refusing the claims. The case raises issues concerned with the interpretation of the Airports National Policy Statement, the approach to assessing and considering greenhouse gas emissions and climate change effects, the evidencing and consideration of the economic effects of the development proposed, the approach to the Jet Zero Strategy, and also a requirement relating to wastewater treatment.

39 Essex Chambers’ barristers Rose Grogan KC and Daniel Kozelko represented the Secretary of State for Transport (instructed by the Government Legal Department), James Strachan KC and Victoria Hutton represented Gatwick Airport Limited (instructed by Herbert Smith Freehills Kramer), and Gethin Thomas, led by Alex Goodman KC (Landmark Chambers), represented the First Claimant (Mr Peter Barclay, instructed by Goodenough Ring Solicitors).

The full judgment can be found here. The Court of Appeal has certified this permission to appeal decision so that it may be cited as an authority.