Gatwick northern runway cleared as High Court blocks final appeal

Gatwick Airport’s plan to rebuild its northern runway for regular departures has survived its final legal test. On 4 August 2026, Lord Justice Holgate and Lord Justice Dove refused permission for Communities Against Gatwick Noise Emissions (Cagne) to appeal the High Court’s dismissal of their judicial review. The judges ruled that every ground raised by the campaigners was 'unarguable'.

The decision follows Transport Secretary Heidi Alexander’s development consent order, granted in 2025. Cagne, represented by Leigh Day, had argued that the approval breached planning laws on greenhouse gas assessments and policy compliance. The court disagreed, finding Alexander’s qualitative approach to non-CO₂ emissions lawful under the Jet Zero Strategy.

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Under the Aarhus Convention, the 12 Cagne members must each pay £10,000 towards the government’s legal costs for the High Court and Court of Appeal stages. The convention caps liability for environmental challenges but does not cover Gatwick’s own costs. Herbert Smith Freehills Kramer, the airport’s legal team, said the government and Gatwick had incurred 'significant' expenses defending the claims.

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Leon Culot, senior associate at Herbert Smith Freehills Kramer, told New Civil Engineer the ruling affirmed the 'proper scope of a planning decision-maker’s discretion'. He added that the judgment should deter similar challenges to airport expansions, citing the court’s endorsement of 'sensible and pragmatic approaches'.

Residents should be immensely proud of what they have achieved in holding Gatwick Airport’s shareholders to account. This proposed new runway will come at a significant cost to both the taxpayer and the planet.

Communities Against Gatwick Noise Emissions (Cagne)

Construction to start in 2026

Gatwick said it would now 'move forward with confidence' into the delivery phase. The airport expects the runway to open in 2030, creating jobs but potentially straining local labour supplies. David Crosthwaite, chief economist at the Building Cost Information Service, warned that smaller projects near Gatwick could face delays if the expansion absorbs too much of the available workforce.

The Court of Appeal stage lasted five weeks, including a one-and-a-half-day oral hearing. By comparison, the equivalent stage for the Sizewell C nuclear project took almost six months. The government’s Planning and Infrastructure Act 2025, which aimed to speed up such cases, appears to have had some effect, though Gatwick’s legal team noted that costs remain a concern for developers.

What happens next

With no further legal avenues open, Gatwick will begin preparatory work later this year. The airport has not disclosed the total construction cost, but the Building Cost Information Service estimates it will run into hundreds of millions. Cagne said it would continue to monitor the project’s environmental impact, including noise and emissions, but has no further legal recourse.