Peter Barclay v Secretary of State for Transport

Hearing dates: 20, 21, 22 and 23 January 2026

Approved Judgment

This judgment was handed down remotely at 11am on Tuesday 23 June 2026 by circulation to the parties or their representatives by e-mail and by release to the National Archives.

Introduction

There are two claims before the court. In each case, the Claimants apply for permission to bring a claim for judicial review of the Secretary of State for Transport's [“SST”] decision of 21 September 2025 to make the Gatwick Airport (Northern Runway Project) Development Consent Order 2025 [“the DCO”].

Planning permission was granted in 1979 for the development of a northern runway at Gatwick Airport. A condition was imposed at that time which prohibited the use of the northern runway simultaneously with the main runway at the airport. An agreement to the same effect with West Sussex County Council expired in 2019.

Gatwick Airport has expanded significantly in the period since the 1970s. The main runway was extended in the early 1970s. A north terminal was constructed in the 1980s. The main runway was again extended in 1998. In the early 2000s both the south and north terminals were upgraded. Further expansion followed in 2016 with the rebuilding of Pier 1 at the south terminal.

In 2009 Gatwick Airport served some 31 million passengers per annum [“mppa”]. By 2019, the airport served more than 46 mppa. The airport operator, Gatwick Airport Limited [“GAL”], considers that passenger and airline demand at Gatwick Airport will return to pre-pandemic levels over the course of the next few years and continue to grow thereafter.

The DCO authorises development [“the proposed development”] which will enable dual runway operations at Gatwick Airport through altering the existing northern runway, lifting restrictions on the northern runway's use and delivering the upgrades or additional facilities and infrastructure required to increase the passenger throughput capacity of the airport. This includes substantial upgrade works to certain surface access routes which lead to the airport. In brief summary, the proposed development consists of the construction, operation and use of works including airfield works, airport support facilities, terminal works, hotels offices and car parking, surface access works, highways works and other associated and ancillary works. The authorised works are set out in schedule 1 to the DCO.

Currently, the airport operates with a single main runway and two terminals. The existing northern runway is only used as such when the main runway is unavailable. Otherwise, the northern runway is used as a parallel taxiway for the main runway. A key element of the proposed development is the repositioning of the existing northern runway 12 metres to the north of its current position (measured from the centre line of the existing northern runway). Together with the lifting of the current restrictions on its use, the result will be to enable dual runway operations at Gatwick Airport. All arriving flights will use the existing main runway. Departing flights will be shared between the existing main runway and the repositioned northern runway, with the latter being used mainly for smaller aircraft. There will be controlled dependency between the two runways to enable safe crossing of the northern runway by arrival flights. These and other elements of the proposed development will enable increased airfield capacity and management of the growth in aircraft and passenger operations at the airport for which GAL is seeking to plan through promotion of the Northern Runway Project.

The proposed development is a nationally significant infrastructure project [“NSIP”] as defined in section 14 of the Planning Act 2008 [“the 2008 Act”], comprising as it does both highways and airports related development falling respectively within the scope of sections 22 and 23 of the 2008 Act. GAL made the application for development consent on 6 July 2023. The application was accepted for examination on 3 August 2023. The examination began on 27 February 2024 and was completed on 27 August 2024.

The Examining Authority's [“ExA”] report [“the Report”] is dated 27 November 2024. The ExA concluded that under the draft DCO submitted for approval by GAL, moderate levels of harm would be caused to matters of greenhouse gas [“GHG”] emissions, traffic and transport, and noise, with some harm to matters relating to the water environment and health and well-being. The ExA concluded that the harm caused by the proposed development would outweigh its benefits. The ExA recommended refusal of the application for development consent on the basis of the draft DCO submitted by GAL. However, the ExA went on to recommend an alternative DCO which introduced a wide range of detailed planning controls on the operation of the proposed development, such that harm levels would be reduced in matters of traffic and transport; and controlled in relation to noise, the water environment and health and well-being. Additional benefits would also result from good design. On the basis of the alternative DCO, the ExA concluded that the benefits of the proposed development would now outweigh harm and so recommended approval. The ExA advised that should the SST be minded to accept their recommendation, she should note that not all of the proposed changes in the recommended alternative DCO had been shared with GAL or other interested parties.

On 27 February 2025, the SST issued a letter [“the MDL”] stating that she was minded to agree with the ExA that development consent could be granted on the basis of their recommended alternative DCO. However, the SST considered that she was not yet in a position to make a final decision. Instead, the SST invited GAL to respond on certain matters raised in the MDL. GAL's response would then be published and other interested parties invited to respond in turn on those matters.

Following the completion of that procedure, on 21 September 2025 the SST issued her decision letter [“the DL”] granting development consent for the proposed development. The DCO authorising the Northern Runway Project in the terms concluded upon by the SST (which further amend the draft DCO recommended by the ExA) was made on the same date.

The Claimants

The Claimant in the first claim before the court, Mr Peter Barclay, is a local resident who participated in the examination before the ExA both in an individual capacity and as Chair of the Gatwick Area Conservation Campaign [“GACC”]. GACC was established in 1968. It is an unincorporated voluntary association that seeks to protect and to improve the environment in the area affected by the operation of Gatwick Airport. GACC has particular regard to noise, congestion, air quality impacts and light pollution resulting from or associated with the operation of the airport. GACC's objectives also include the diminution of wider environmental impacts of airport operations and the activities facilitated by those operations, such as contributing to the impact of climate change. Mr Barclay says that in addition to participating actively throughout the examination process, GACC submitted written representations in response to the MDL. He also draws attention to GACC's commissioning and submission of a report by the New Economics Foundation [“NEF”] analysing GAL's business case for the proposed development.

The Claimant in the second claim is Communities Against Gatwick Noise Emissions [“CAGNE”]. CAGNE is a community group formed in February 2014 to address issues arising in relation to Gatwick Airport, particularly in relation to the impact of noise levels, harm to the environment and airspace. CAGNE is an unincorporated association. CAGNE's Chair, Ms Sally Pavey states that CAGNE campaigns on a broad range of issues arising in relation to proposed development at Gatwick Airport, including flight paths, environmental concerns, surface access and noise. CAGNE is also concerned to address other issues relating to the aviation industry, such as worldwide climate change and air quality. CAGNE has consistently opposed the provision of a second runway at Gatwick Airport. Ms Pavey says that CAGNE participated actively throughout the examination before the ExA, commissioning and submitting expert evidence on noise, surface transport and air quality. CAGNE submitted extensive written representations in response to the Secretary of State's MDL.

The Grounds of Challenge

Mr Barclay advances the following five grounds of challenge to the SST's decision to grant development consent for the proposed development –

(1) The SST failed properly to understand the Airports National Policy Statement (June 2018) [“the ANPS”] and/or failed to have regard to relevant policy of the ANPS concerning expansion of Gatwick Airport.

(2) In granting development consent pursuant to section 114 of the 2008 Act, the SST was obliged but failed to exercise her power so as to promote the policies and objects of the statutory scheme.

(3) In making the DCO the SST acted in breach of...