Manston airport development DCO approval ‘to be…

Manston airport development DCO approval ‘to be quashed’ by government – with decision for refusal, by Planning Inspectorate, to be re-examined later
2020-12-02 18:05:00
A hearing in February set for the legal challenge over the government’s decision to give permission for the development of Manston airport into an air freight hub will now not take place. The Secretary of State for Transport has said they will not contest the case.  The substantive hearing – which involves the lodging of  evidence from the defendant, and interested party (RiverOak Strategic Partners Ltd) – was to assess whether the Government followed correct procedure in reaching the decision to approve the DCO for the landowners, even though this overturned the recommendation of the Planning Inspectorate (PI). Now the DfT has acknowledged that the decision approval letter issued from the Minister of State did not contain enough detail about why approval was given against the advice of the PI.  This means the DCO approval for Manston airport will be quashed. It the development of Manston airport is to happen, it will require a new decision to be issued, after a re-examination of the Planning Inspectorate evidence. RiverOak Strategic Partners Ltd, will not be defending their claim. The Treasury Solicitor will now draft an order disposing of the case.  The order will have to be approved by all parties and submitted to the Court to be sealed – this final step may take several weeks. .Tweet     Manston airport development approval ‘to be quashed’ with decision to be re-examined following challenge bid December 2, 2020 By Kathy Bailes  (The Isle of Thanet News) Manston airport Photo Frank Leppard A hearing set for the legal challenge over the government’s decision process in granting permission for the development of Manston airport into an air freight hub will not take place after the Department for Transport/ Secretary of State said the case would not be contested. The substantive hearing – which involves the lodging of  evidence from the defendant, and interested party -was due to take place at the High Court on February 16-17 and was to look at whether the Government followed correct procedure in reaching the decision to approve the DCO for landowners RiverOak Strategic Partners. But, the Department of Transport has now acknowledged that the decision approval letter issued from the Minister of State did not contain enough detail about why approval was given against the advice of the Planning Inspectorate. It is understood this means the DCO approval for Manston airport will be quashed and a new decision will need to be issued after a re-examination of the Planning Inspectorate evidence. The JR bid challenging the approval decision was launched by Ramsgate  Coastal Community Team chairperson Jenny Dawes with a crowdfunder raising some £86,000 in pledges to pay the legal costs. But today she has revealed that the JR will be disposed of after a letter from the Treasury said the case had been conceded. https://theisleofthanetnews.com/2020/12/02/manston-airport-development-approval-to-be-quashed-with-decision-to-be-re-examined-following-legal-challenge-bid/ The Judicial Review of Manston airport webpage, from Jenny Dawes, says (2nd December 2020) ITS NOT OVER YET BUT … Jenny  says: “Yesterday my solicitors received a letter from the Treasury Solicitor, acting on behalf of the Secretary of State for Transport, which said “my client has agreed to concede 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”. “We subsequently learned that the Interested Party, RiverOak Strategic Partners Ltd, will not be defending their claim. “My lawyers set out three grounds of challenge to the decision to grant a Development Consent Order for the re-opening and development of Manston Airport: Ground 1: Need Ground 2: Breach of Procedural Requirement/Unfairness Ground 3: Net Zero Duty “The Treasury Solicitor will now draft an order disposing of the case.  The order will have to be approved by all parties and submitted to the Court to be sealed – this final step may take several weeks. “This update is couched in very formal language but I’m eno

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