Judicial Review into Inspector's Decision

[ChrisGazzard]

On 6th September 2019 a Judicial Review Claim Form was submitted by Hampshire County Council (HCC) against the Secretary of State for Environment, Food and Rural Affairs (SoS) with regards to the decision made by the Inspector. Blackbushe Airport Ltd was informed of this on the 11th September 2019. The claim will be heard in the High Court and whilst not the defendant, Blackbushe Airport Ltd will actively participate as an interested party.



On 30th October 2019 permission was granted in an order from the High Court of Justice Queen’s Bench Division Planning Court for a Judicial Review into the inspector’s decision. Parties to the enquiry (HCC and SoS) as well as any interested parties (ourselves included) have a number of dates by which their detailed grounds, arguments and supporting documentation must be filed with the court. We understand that a Judicial Review substantive hearing should now be held by 12th February 2020.



The order can be seen here.

[ChrisGazzard]

For those of you not on Social media.  This morning on the Yateley Community Facebook page, Cllr David Simpson announced that the Judicial Review would be held over 2 days starting Tuesday 11th February 2020.

Whilst this is correct, we have not announced the date ourselves as QCs from the Secretary of State, Hampshire County Council, and ourselves were all unavailable on this date.  I understand that there is an attempt to rearrange the date with the court, with early March suggested.  When we have a firm date we will let you know.

[ChrisGazzard]

BLACKBUSHE: 23rd April 2020



Blackbushe Airport are disappointed to receive the judgement of the High Court in respect to the appeal case CO/3493/2019 bought by Hampshire County Council. This Judicial Review was of the decision dated 12th June 2019 of the Inspector appointed by the Secretary of State for Environment, Food and Rural Affairs in respect to Application COM/3206697, an application to deregister the active aerodrome from Yateley Common.



The Hon. Mr Justice Holgate found that the Inspectors reasoning surrounding ‘curtilage’ was legally flawed and therefore the decision must be quashed.



Blackbushe Airport maintains that there are grounds, with real prospects of success, to contend that the correct approach is other than as set out in the judgement and that the approach adopted by the Inspector was correct. We are therefore taking advice on our options to seek permission to appeal the decision at the Court of Appeal.



The Vision for Blackbushe airport is to develop a small, modern aviation facility, that supports small aviation businesses as well as providing services for the community. We remain committed to delivering on this objective. We strive to create a centre of aviation excellence for small start-up and existing businesses in aviation to thrive. Our plans would create employment opportunities for the local community as well as allowing Blackbushe to continue as a General Aviation hub for generations to come.



The judgement will shortly be available on BAILII.

[rocky14]

I've just skimmed through the judgment - very disappointing to say the least!

[PB]

You've hit the nail directly on the head Rocky14!! Must say it's a little surprising that more exclamations of 'concern' have not emerged from our membership? Social media pages are carrying the usual hot air and vile bile about Blackbushe Airport talking out of the back of uninformed heads as too often is the case.. Victims of propaganda and upholders of 'parrot speak'...

[b170]

B170
PETER, SO SORRY TO HEAR THE NEWS YOU MUST BE VERY DISAPOINTED WITH THE RESULT, WHEN I THINK OF ALL THE WORK AND YEARS YOUR SELF AND A FEW OTHERS
HAVE PUT IN, MUST BE VERY DISHEARTENING. DON'T GIVE UP YET.

BOB CARTER

[PB]

Thanks Bob, you may be assured nobody is giving up, certainly not on the Blackbushe side!!

Onward and upward...

Best wishes to you and yours,
Peter

[mustangp51]

I am so sorry to see this disappointing judgement after your long and patient fight and support for the airfield over so many years PB.I pray that this is not the end and that the short sighted and prejudiced morons do not win in the end. 

[davidallum]

Morning Peter,

Sometimes the law is an ass but I hope the management team @ Blackbushe and indeed people like yourself keep up the fight because as has been mentioned so many times before,Blackbushe has a lot going for it.

[PB]

Good Morning David, Good Morning MustangP51..

Thank you so much for your good wishes toward our splendid and historic aerodrome! Such support comes like the Sun breaking through stormy skies, it may be looking bleak temporarily but better times may still be looked forward to.

I know the Blackbushe Management team are rubbing shoulders and looking closely as to the next steps through the tenuous legal pathway that remains to be trodden.

Unfortunately our present situation is thanks to a small number of local antagonists and a national body who feel strongly over "rights" and Common Land. One has to listen with care to their side of the case as their claims are credible on a national scale, sadly on our localised scale Common considerations are applied without due flexibility or concern as to their consequences. The Judicial Review requested by Hampshire County Council was based on a technicality applied to the Planning Inspector's agreement to approve the necessary de-registration of just 114 acres of Blackbushe's precious land. The High Court found in favour of the application of Hampshire's quest and the 'technicality' has given rise to our current situation.

Whatever moves might be forthcoming we will have to wait and find out, but I'm sure that the resolute support Blackbushe enjoys from good people such as yourselves and the many who visit the Forum or the Facebook Blackbushe pages will remain a strong and forthright as ever. I know my heart has been beating for sixty years with Blackbushe supported in every beat, hopefully a situation that will last a little longer?

I'm going to pen a missive to Grant Shapps this morning. His Office at the DfT requested I keep them updated on the Blackbushe situation, and that is a request I have no problem in following up. Grant has, by the way, approved a Spitfire flight to celebrate VE Day, a flight that will fly over an NHS Hospital named by the paper's readers. The address is [e-mail] and I am going to nominate Frimley Park. With the closure of the Cambridge Military in Aldershot, Frimley Park maintains a significant military structure and also is close to the home of British aviation, Farnborough. Frimley Park also has very close personal associations, I owe them a lot.

Have a great day one and all..

PB