R (Medway and Kent CC) v Secretary of State for Transport [2002] EWHC 2516 (Admin)

High Court (Administrative Court)

Facts: This case involved a challenge to the Secretary of State's decision to exclude options related to the expansion of Gatwick Airport from a consultation document on the future of air transport. Local authorities argued that the exclusion was irrational, especially given that the expansion of Heathrow and Stansted, as well as a new airport in Kent, were included in the document. The decision was also challenged for procedural unfairness, as it neglected to consider environmental impacts and other reasonable alternatives.

Held : The court found that the exclusion of Gatwick options from the consultation process was irrational. The decision was quashed on the grounds that it failed to consider all reasonable alternatives, particularly in light of the environmental and conservation concerns surrounding the alternative site in Kent. The decision to exclude Gatwick was also inconsistent with the consultation document's approach.

Judicial Remarks (Para 17-18): The court emphasized that the decision to exclude Gatwick could not be justified as a matter of high policy alone, especially when environmental considerations were at stake. The decision was subject to judicial review on traditional grounds, including rationality, and the exclusion of Gatwick was found to be unreasonable in the circumstances.

💡Leveluplaw : This case centers on the procedural requirements of rational decision-making by public authorities, particularly when environmental and planning considerations are at stake.