The application for judicial review was brought on six grounds including:
- climate change in relation to inbound flights and non-CO2 post-Finch,
- the materiality of the ExA’s recommendations for the Gatwick Airport DCO,
- whether the SST’s duties in relation to net zero under the Climate Change Act 2008 are a ‘pollution control regime’ for the purposes of paragraph 4.54 of the Airports NPS (ie assumption that the regime will be properly applied and enforced), and
- the enhanced duty in relation to National Landscapes under s.85(A1) of the Countryside and Rights of Way Act 2000.
The claim for judicial review was dismissed on Grounds 1 to 5. The judgment is available to read here.
Michael Humphries KC and Rebecca Clutten acted for Luton Rising, instructed by Broadfield UK. Michael and Rebecca also appeared for London Luton Airport Limited at the DCO examination hearings.