The developer of Kents famous Biggin Hill World War II fighter base has succeeded in the latest round of a court battle over plans to upgrade the site into a major executive airport for London.
Deputy Judge Nicholas Strauss QC today rejected a High Court challenge by Bromley Council to the proposals put forward by Biggin Hill Airport Ltd, and ruled that chartered and scheduled services could legally use the airport. The council, who fear that the scheme will result in unacceptable noise levels, had argued that such flights fell outside the terms of the companys lease.
Since taking its 125-year lease of the site in 1994, the company has invested £4m in the scheme to make Biggin Hill a luxury terminal for business passengers. That figure includes £525,000 spent on a new terminal, plus refurbishment of the runway and development of air traffic control and emergency facilities.
By the year 2003, the company anticipates that the airport will handle more than 8,000 charter and scheduled flights each year, carrying more than 80,000 passengers.
It argued in court that its lease allows it to operate such flights so long as their primary purpose is to transport passengers to recognised business destinations for business purposes.
Accepting that argument, the judge ruled that the terms of the lease were wide enough to allow chartered and scheduled services for customers travelling for the “predominant purpose” of their employment or business. He therefore ruled in favour of Biggin Hill and ordered the council to pay its costs, which are likely to exceed £100,000.
However, the scheme does not yet have the all-clear, as the judge also granted the council 21 days in which to seek leave to challenge his ruling in the Court of Appeal.
PLS News 21/11/00
