Peter Barclay & Anor v Secretary of State for Transport & Anor

Facts

On 21 September 2025 the Secretary of State for Transport decided to make a development consent order under the Planning Act 2008 authorising improvements to Gatwick Airport's northern runway so that the northern and southern runways could be operated as dual runways, together with associated airfield, terminal and access works. Peter Barclay and Communities against Gatwick Noise Emissions (CAGNE) separately challenged the order by judicial review under section 118 of the Planning Act 2008, with Gatwick Airport Limited as interested party. Their applications came before Mould J at a rolled-up hearing in the Planning Court between 20 and 23 January 2026; he handed down judgment on 23 June 2026 ([2026] EWHC 1556 (Admin)). He granted Barclay permission on grounds concerning the interpretation of the Airports National Policy Statement and the adequacy of reasoning on economic benefits, but rejected both and dismissed the claim; other grounds were refused permission. He granted CAGNE permission on grounds concerning greenhouse gas significance findings and a wastewater requirement, likewise rejected them, and had already refused permission on other grounds, one having been withdrawn. Both claimants sought permission to appeal, and Holgate LJ adjourned the applications to a joint hearing before the Court of Appeal on 27 and 28 July 2026.