Legal challenge against Gatwick's runway expansion

The Communities Against Gatwick Noise Emissions (CAGNE) group has formally launched a legal challenge against the construction of a second operational runway at Gatwick Airport. The group has sent a pre-action protocol letter to Transport Secretary Heidi Alexander, signalling the first step towards a potential judicial review. CAGNE contends that the decision to grant development consent was fundamentally flawed. They highlight a lack of comprehensive assessment regarding greenhouse gas emissions from the project and its broader implications on climate change, urging the Transport Secretary to overturn her consent.

Plans for the second runway were submitted for approval in July 2023 and involve reconfiguring the existing back-up runway to operate concurrently with the main runway. Following a review period lasting from August 2023 to August 2024, the Transport Secretary granted development consent in September 2025. This expansion is projected to generate over 100,000 additional flights per year by the late 2030s, prompting significant concerns from local communities.

CAGNE raises objections against the use of the Jet Zero Strategy (JZS) for emissions calculations, labelling it “highly ambitious and not necessarily realistic.” The group points out that the environmental assessment for the runway expansion is incomplete, missing evaluations of crucial factors such as inbound flight emissions, non-carbon dioxide gases, and well-to-tank emissions related to fuel production and transport. CAGNE argues that the planning process neglected to adequately consider extra noise pollution and air quality degradation, alongside the cumulative environmental impacts when considering the proposed additional runway at Heathrow Airport.

In its letter to the Transport Secretary, CAGNE outlines several grounds for its challenge, which include failures to provide reasoned conclusions regarding climate change implications, inadequacies in assessing greenhouse gas emissions as per the EIA Regulations, and a lack of evaluations concerning cumulative impacts with Heathrow. They also claim there has been a breach of regulations regarding the assessment of air quality impacts from increased road traffic, alongside procedural unfairness tied to reliance on flawed operational noise level reports.

Sally Pavey, chair of CAGNE, voiced her concerns stating, “We must question a decision that allows big business to impact the foundations of our planning process. Increased low-cost flights export sterling from the UK economy, and place unsustainable burdens on the inadequate infrastructure. The long-term effects of increased emissions on future generations and the planet cannot be addressed with aviation profits.” She insists that challenging the expansion through legal means is essential, as the decision lacks both economic and ethical justification.

Rowan Smith, a solicitor with Leigh Day representing CAGNE, also emphasised the risks: “The addition of a new operating runway at Gatwick Airport will result in a large amount of extra activity and air traffic at the airport. Our client says that the impact of this has not been adequately assessed or considered in the decision to grant development consent, with gaps and flaws in a number of key areas.” He reiterated that CAGNE is prepared to pursue a judicial review if the Transport Secretary does not revoke the development consent.

In light of these circumstances, CAGNE is currently crowdfunding to support its legal action against the airport's expansion plans