R (THOMAS GORDON BROWN) v. CARLISLE CITY COUNCIL & ANOTHER 

The Court of Appeal has granted permission to apply for judicial review of a grant of planning permission, by Carlisle City Council, for a freight storage and distribution facility at Carlisle airport. The section 106 planning obligation connected to the planning permission required the applicant, Stobart Air Ltd, to take certain steps in connection with future works (which were not included in the application for planning permission) to repair and renew the airport runway, and complete a passenger terminal building. The Claimants challenged the grant of planning permission, arguing in particular that there had been a failure by the Council to consider whether the works contemplated by the section 106 agreement might have environmental impacts in combination with the freight and distribution facility.

In granting permission to apply for judicial review Sullivan LJ observed that it was an important question whether the works envisaged by the section 106 agreement were part of the cumulative effects of the development permission by the planning permission, and if so whether the high court was correct to exercise its discretion not to quash the grant of planning permission. The application for judicial review will be heard by the Court of Appeal

Gregory Jones and Jeremy Pike appear for the Claimant, instructed by Dickinson-Dees; James Pereira appears for and is instructed by Carlisle City Council