Plans to upgrade Kents famous Biggin Hill World War II fighter base into a major executive airport for London have won High Court backing. A judge ruled that chartered and scheduled services could legally use the airport.
Deputy Judge Nicholas Strauss QC rejected a challenge by Bromley council to Biggin Hill Airport’s upgrading plans. The company has already invested £4m in the scheme to make Biggin Hill a luxury terminal for business passengers.
The council claimed that chartered and scheduled flights for individual business passengers fell outside the terms of the lease. However, the airport company argued that chartered and scheduled flights were permissible so long as their primary purpose is to transport passengers to recognised business destinations for business purposes.
Finding in favour of the airport company, the judge ruled today 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.
The airport company took a 125-year lease on the site in 1994. This has included spending £525,000 on a new terminal. And the runway has been refurbished and considerable sums spent on air traffic control and emergency facilities.
But the proposals to give it a new lease of life have been opposed by the council, which owns the site and which fears among other things that the scheme will result in unacceptable noise levels.
During the High Court hearing Mr Guy Fetherstonhaugh, for the company told the judge the company had no intention of turning the aerodrome into a mass-market leisure airport for “bucket and spade” holidaymakers. He said the plan was to make Biggin Hill London’s premier executive airport.
The court was told it was anticipated that by the year 2003, the airport would handle more than 8,000 charter and scheduled flights each year, carrying more than 80,000 passengers.
The council was ordered to pay the action’s legal costs – which are likely to exceed £100,000 – but was given 21 days in which to seek leave to appeal to the Court of Appeal.
EGi News 22/11/00
