The High Court has dismissed an application for judicial review brought by the operators of two private airports against the Secretaries of State for Defence and Transport and the Civil Aviation Authority. The application concerned the safety standards to be applied at RAF Northolt, a government aerodrome which accepts civil passenger and commercial air traffic and is notified by the CAA as available for civil use pursuant to section 210 of the Air Navigation Order 2009.
The parties agreed that under the statutory scheme the Civil Aviation Authority has the power to impose conditions on the notification of government aerodromes in relation to matters concerning the safety of the use by civil aircraft of such aerodromes. There was, however, a dispute as to the nature and extent of the conditions which the CAA could impose. The judgment contains a helpful and important exegesis of the regulatory framework governing civil air traffic at government aerodromes.
The full judgment can be read here: http://www.bailii.org/ew/cases/EWHC/Admin/2015/24.html
Sarah Wilkinson and Naina Patel (instructed by the Civil Aviation Authority) acted for the Civil Aviation Authority
Gemma White (instructed by the Treasury Solicitor) acted for the Secretaries of State for Defence and Transport.
Ben Jaffey acted for the MoD.