In the High Court today (15 February 2021) Mr Justice Holgate approved a court order which had been agreed by all the parties to the Manston judicial review in December last year. The order allows the judicial review on the ground that the Secretary of State for Transport did not give adequate reasons for his decision. It also quashes the Manston DCO and orders costs in favour of the Applicant.
The effect of the order made today is only to require the decision to be re-taken following a further representation period, it does not reverse any earlier stages of the process. The Secretary of State is likely to explain the reasons for his decision in more detail this time round.
Why is the DCO no longer granted?
Ramsgate resident Ms J Dawes applied for a judicial review of the Manston DCO decision. In December the Secretary of State for Transport decided not to defend the claim, but only on the ground that he had not given adequate reasons for the decision.
On 15 February, the High Court approved a court order – which had been agreed by all the parties to the judicial review in December. The court order quashes the Manston DCO decision.
Q Does the DCO now go back to square one?
A No. The effect of the order is only to require the decision to be re-taken following a further representation period, it does not reverse any earlier stages of the process. There will be a further consultation, on a limited number of issues, by the Secretary of State – carried out in writing like the one held in January 2020. The Secretary of State will then take the responses into account and reissue the decision. The Secretary of State is likely to explain the reasons for his decision in more detail this time round.
Q Does RSP have to pay £35,000 towards Ms Dawes costs in connection with the Judicial Review?
A No. The court order actually states as follows: ”The Interested Party shall pay the Claimant’s additional costs occasioned by the Interested Party of the claim, on the standard basis, to be subject to detailed assessment by the Court, if not agreed.” The amount of additional costs is not yet determined.