Doncaster Sheffield Airport: Judicial review over airport closure refused

The last passengers landed at Doncaster Sheffield Airport on 4 November

An application for a judicial review into the decision to shut Doncaster Sheffield Airport has been refused, Doncaster Council has said.

The authority had argued that the airport's owners had not left time for a buyer to make a realistic offer.

Site operators Peel Group said no viable offer had been made and that a judicial review should not go ahead.

Following the ruling, Doncaster mayor Ros Jones said "every legal tool" would be used to keep the site open.

Ms Jones added that she was disappointed at the decision by Mr Justice Fordham following a hearing last month at Leeds Administrative Court.

She said a Compulsory Purchase Order (CPO) was another approach to keeping the airport open which the council had supported and that would now be attempted.

"We knew that the judicial review in itself would not have saved the airport as it could not have compelled Peel to reverse their decision to close Doncaster's Airport.

"The only way this will happen is if Peel sell the airport - and the investors we identified are still talking to Peel - or if we are successful in securing a CPO of the airport site and works with the market to secure an operator."

Doncaster Mayor Ros Jones said despite the latest setback, "every legal tool" would be used to keep the airport open

During the court hearing in November, James Maurici KC, barrister for Doncaster Council, argued that the consultation by Peel Group on the future of the airport had been too short to find a potential buyer.

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

But in response, 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.

Independent consultants had judged the airport to be unviable and Peel Group had not received full details of the potential buyers Doncaster Council claimed had been found, he added.

In his ruling, Mr Justice Fordham said: "In my judgment, it is not arguable with any realistic prospect of success that the Strategic Review was approached with an actual or apparent 'predetermined' position or 'closed mind', or that the operator was 'not listening'.

He added: "I can find in this case no viable ground for judicial review crossing the threshold of arguability with a realistic prospect of success."

The last passengers touched down at the South Yorkshire airport on 4 November.

The BBC has contacted the Peel Group for a response.