Doncaster Sheffield Airport: Judicial review application over closure

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Sign at Doncaster Sheffield Airport
Image caption,

Air traffic control staff at the airport will be leaving Doncaster Sheffield Airport on 3 December, the court heard

An application has been made for a judicial review into the decision to shut Doncaster Sheffield Airport.

Applying for the review, Doncaster Council argued that the airport's owners had not left time for a buyer to make a realistic offer.

But site operators Peel Group said no viable offer for the site was made and a judicial review should not go ahead.

On Tuesday, Mr Justice Fordham told Leeds Administrative Court he would announce his decision at a later date.

The last passengers touched down at the airport on 4 November and the court heard that air traffic control staff, who worked for another company at the airport, were expected to leave on 3 December.

The lease for the site to be operated as an airport was due to end in May 2023, the court was also told.

Image caption,

The last passengers to use Doncaster Sheffield Airport touched down on 4 November

James Maurici KC, representing Doncaster Council, argued that Peel Group had not run a consultation on the future of the airport for long enough for a buyer to make a credible offer.

He claimed the outcome of the consultation had been "predetermined" and also highlighted the number of public services the airport hosted, including military, coastguard and police aircraft.

"They weren't listening. It wasn't an options consultation. They didn't consult the public and the businesses further afield and there wasn't sufficient time," he said.

"[An airport] is a scarce national resource. It's a gateway to the region. We say that's a matter in the public interest."

Meanwhile, Heather Emmerson, representing South Yorkshire Mayoral Combined Authority (SYMCA), argued the airport's owner had previously admitted its "pivotal role in the economic fortunes of the area".

'No evidence'

But John Litton KC, representing Doncaster Sheffield Airport Limited, said Peel Group did not have a duty to launch a consultation and that it had extended the consultation period twice to nearly 11 weeks at the request of Doncaster Council and SYMCA.

Independent consultants had judged the airport to be unviable and Peel Group had not received full details of the potential buyers the council claimed it had found, he said.

"At the heart of this case is whether a private company should be held accountable to a public authority for the process through which it decided to close its business," Mr Litton told the court.

"There's simply no evidence whatsoever that the consultation was predetermined.

"Look at the extent that [Doncaster Sheffield Airport Limited] and Peel Group engaged on a weekly basis with SYMCA and [Doncaster Council]," he said.

Image caption,

The owners of Doncaster Sheffield Airport, Peel Group, said they did not receive any viable offers from buyers for the site

At the hearing in Leeds, Doncaster Council also applied for an injunction to stop the airport being what it described as "asset-stripped".

Mr Maurici, representing the authority, said it was concerned about the removal or sale of equipment such as fire engines and lights.

He said there was also a risk of the airport losing its licences and its right to control its airspace, which might put off another operator from buying the site.

But Mr Litton said Doncaster Sheffield Airport Limited "rejected completely" the allegation of asset-stripping.

He argued against imposing the injunction and said it would increase costs for the airport operator, which could lead to insolvency and threaten redundancy payments to staff.

Mr Justice Fordham said he would make a judgement on both applications, but did not confirm the date.

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