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The Government has been threatened with a judicial review challenge over a decision to approve a second runway for Gatwick Airport.

Campaign group Communities Against Gatwick Noise Emissions (CAGNE) has issued a pre-action protocol letter to Transport Secretary Heidi Alexander over the approval, arguing that the decision to grant development consent was flawed. 

The group claims that there was a failure to properly assess greenhouse gas emissions from the project and its impact on climate change and calls on the Transport Secretary to overturn her decision.

The Secretary of State granted development consent for the project in September 2025, following an examination period from August 2023 to August 2024.

Plans for the expansion make emissions calculations based on the Jet Zero Strategy (JZS), which sets out scenarios for the development of the aviation industry based on marked improvements in areas such as fuel efficiency, beyond current technology.

However, CAGNE claims that the JZS should not be relied upon for assessing emissions, describing it as "highly ambitious and not necessarily realistic". 

The group also argues that there are gaps in the environmental assessment of the runway expansion, as it does not include an evaluation of inbound flight emissions, non-carbon dioxide emissions, and well-to-tank emissions associated with the manufacture and transport of fuel.

CAGNE says that the planning process failed to properly factor in additional noise pollution and impact on air quality, as well as the cumulative impact of the development on the environment, along with the proposed extra runway at Heathrow Airport.

It's pre-action protocol letter details 11 grounds of challenge in total, five of which involve alleged breaches of the Environmental Impact Assessment Regulations.

Rowan Smith of Leigh Day solicitors is representing CAGNE.

Commenting on the challenge, Smith said: "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.

"CAGNE is calling on the Transport Secretary to agree to the overturning of development consent and is looking at the possibility of bringing a judicial review challenge if that request is refused." 

CAGNE is crowdfunding to support its legal claim and has raised more than £20,000 at the time of writing.

The Department for Transport said it is unable to comment due to ongoing legal proceedings.  

Adam Carey

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