A number of important documents have been published today in relation to Gatwick Airport’s Northern Runway Project development consent order (DCO) application.

The DCO Examination took place in 2024 in front of an Examining Authority (ExA) comprised of five inspectors. The ExA’s report, published today, recommended that the draft DCO as proposed by Gatwick Airport should not be granted, as it “fails to meet the tests in s105 and s104” of the Planning Act 2008 (§23.3.3).

However, the ExA have proposed a revised DCO, which would subject the development to more stringent environmental controls. It is the recommendation of the ExA that, with these additional controls, the adverse effects would not outweigh the benefits and a modified DCO allowing the airport’s expansion can be made (§23.3.3).

As to some of the reasons why the ExA rejected Gatwick’s draft proposals, it ascribed “moderate” weight to transport impacts, due to increased journeys creating additional stress on congested networks (§20.2.7), and “moderate” weight to noise impacts, noting that the proposal has not met policy requirements regarding avoidance of significant noise effects (§20.2.9). Particularly notable is the ExA’s treatment of climate change, with the harm to greenhouse gas emissions also ascribed “moderate weight” in the overall balance (§§2.20.19-20.2.20). The ExA found that:

  • contrary to policy, the increase in greenhouse gas emissions would be likely to result in a material impact on achieving carbon targets
  • the mitigation measures proposed are not acceptable
  • the proposal would not contribute to radical reductions in greenhouse gas emissions, as required by the NPPF
  • while in other airport expansion cases climate impacts have been given neutral weight, “in the light of the Finch and West Cumbria cases as well as the Carbon Budget Delivery Plan we find that the landscape in respect of GHG emissions has changed.”

This decision is the latest in a growing body of decisions demonstrating the far-reaching ramifications of the Supreme Court’s landmark ruling in Finch last summer.

The ExA’s reports have been provided to the Secretary of State, who announced today that while she is minded to approve the revised order, she is not yet in a position to make a final decision. This means the Secretary of State has extended the deadline for a final decision to 27 October 2025, to give the parties the opportunity to provide their views.

Estelle Dehon KC (Cornerstone) and Odette Chalaby (No5) are representing Communities Against Gatwick Noise and Emissions (CAGNE) in the DCO, instructed by Rowan Smith and Julia Eriksen of Leigh Day.

For more information see the project information page here.