Council to pursue compulsory purchase order over airport closure after Administrative Court rebuff

The Administrative Court has refused Doncaster Council permission for a judicial review challenge over the decision of Doncaster Sheffield Airport Limited and the Peel Group to close Doncaster Sheffield Airport.

In September this year Peel Group said that, following a strategic review, no tangible proposals had been received regarding the ownership of the airport or which addressed “the fundamental lack of financial viability”.

It argued that “the high fixed costs associated with running a safe, regulated airport, together with recent events materially reducing prospective future aviation income streams, mean that a break-even business plan cannot be identified for the foreseeable future”. 

Commenting on the Administrative Court’s ruling today (1 December), the local authority said that “although the court’s judgment found that much of the council’s submission had merit unfortunately, it has determined that we do not have the ability to ensure that the airport remains open”. 

Ros Jones, Doncaster’s elected mayor, said: “Whilst I am disappointed in this decision, we knew we had to test Peel’s decision legally and although the judge’s decision has not fallen on our side, we do not regret taking this to court.

“We have to use every legal tool at our disposal and this was one of them. The other is a Compulsory Purchase Order (CPO) that the council supported and we will now progress. We knew that the judicial review in itself would not have saved the airport as it could not have compelled Peel to reverse their decision to close Doncaster’s Airport.”

Mayor Jones said the only way this would happen was if Peel were to sell the airport – and the investors identified are understood to still be talking to Peel – or if the council were successful in securing a CPO of the airport site and worked with the market to secure an operator. 

“I remain convinced that Doncaster’s airport can and should be a success and I remain committed to the fight for Doncaster Sheffield Airport,” she said.

“I hope that the Peel Group will reach a deal with the interested purchasers, but in the event that this does not happen then, I have instructed Doncaster Council officers to now focus their efforts on the preparation for a CPO of the airport site. There is significant backing for this course of action, with cross party support by Doncaster Councillors, local and regional MPs and also the business community.”

Peel Land & Property has been approached for comment.