BAe and British Aerospace Airbus have lost their High Court battle to overturn the former environment secretary John Gummer’s refusal to allow a commercial airport to be built at Filton, Bristol.
The case hinged on the method used by the planning inspector to establish the level of noise pollution caused by the proposed development. BAe claimed that the inspector had not followed the guidelines set out in PPG24 and that his decision to turn down the application on grounds of noise should therefore be quashed.
However, Judge Carnwath ruled that although the inspector did not strictly adhere to the government’s planning policy guidelines, it “does not undermine the reasoning….there is no justification for the court to intervene.”
The appeal was due to come to the High Court last October but the case was postponed, first until February and then until May.
Pat Thomas, property and construction partner at solicitors SJ Berwin who advised BAe, said there were no immediate plan to appeal against the decision.
EGi News 17/06/97
