Campaigners have won the right to bring a Court of Appeal challenge against new Gatwick flight paths they say are causing “intolerable” noise for locals.
Lord Justice Burnett overruled a High Court decision by Mr Justice Haddon-Cave rejecting permission to apply for judicial review of a CAA decision refusing to require consultation of changes to the way in which aircraft at low level join the final approach to the westerly runway from the south and south east, which occurs up to 70% of the time. Lord Justice Burnett, sitting in the Court of Appeal, found that while there was a “formidable hurdle” for the appeal in the form of the wording of the Direction of the Secretary of State, he did not regard it as “beyond reasonable argument” that the purpose and import of the legislation contemplated that consultation should take place in such circumstances.
He ordered that the case be heard in the Court of Appeal as it is of clear importance and could have wider consequences for other airports in the UK.
John Steel QC and James Potts of 39 Essex Chambers, acted for the claimant, Martin Barraud, chair of action group Gatwick Obviously Not, successfully obtaining permission for a judicial review. At the earlier hearing Cleon Catsambis, also of 39 Essex Chambers, acted for the Defendants.
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