Manston Airport Judicial Review Update December 2020
Many of you will have already heard that the Secretary of State for Transport has announced that he does not intend to defend the Judicial Review proceedings on 16th February and will apply to the Court for his Decision on the DCO Application to be quashed. RSP have agreed not to oppose this application.
In his letter to the Appellants Solicitors Harrison Grant, the Treasury Solicitor on behalf of the Secretary of State said:
“My client has agreed to conceded this claim on the basis of ground 1(b), namely that the Secretary of State did not give adequate reasons in his decision letter to enable the reader to understand why he disagreed with the Examining Authority Report on the issue of need for the development of Manston Airport”
Following the quashing of the Manston Airport Development Consent Order 2020 dated 7th July 2020 by the Court, the Secretary of State will write to all interested parties, setting out key issues and inviting further written representations on those issues.
Interested parties include the applicant, the local authority and anyone who previously registered by filling out a Relevant Representation form at the inquiry stage (and had it accepted as valid).
The Secretary of State will then make a decision based on the Examining Authority’s Report and the further representations. The Secretary of State has three months to make a decision but this can be extended.
The decision could be either a refusal to make a Manston Airport Development Consent Order or a decision to grant such a Consent Order.
If a DCO is refused, RSP may wish to bring a judicial review. The current Applicant would be an Interested Party in any such challenge.
If a DCO is granted, another judicial review can be brought on the existing grounds and any further grounds that may arise on review of the decision letter.
Any money left over from the current CrowdJustice campaign can be held in readiness and used towards the judicial process going forward.