Peter Barclay and Communities Against Gatwick Noise Emissions -v- Secretary of State for Transport (transmission direction order)

High CourtKing's Bench DivisionPlanning CourtTransmission Direction Order

Case number: AC-2025-LON-003791
AC-2025-LON-003837

In the High Court of Justice
King’s Bench Division
Planning Court

13 January 2026

Before:

The Hon. Mr Justice Mould

Between:

AC-2025-LON-003791

The King
on the application of
Peter Barclay
(Claimant)

AC-2025-LON-003837

The King
on the application of
Communities Against Gatwick Noise Emissions
(Claimant)

-v-

Secretary of State for Transport
(Defendant)

-v-

Gatwick Airport Limited
(Interested Party)

Order

On the application of the Claimants and on the court’s own motion

Following consideration of: (i) the Claimants’ application notice; (ii) the parties’ pleadings and the decision under challenge in these significant Planning Court claims; and (iii) the Orders of Mr Justice Mould of 3 December 2025 and 9 December 2025, inter alia linking these claims and fixing a rolled- up hearing on Tuesday 20 January 2026 with a time estimate of 4 days.

ORDER BY THE HON. MR JUSTICE MOULD

  1. Any request for a direction under s. 85A(3)(b) of the Courts Act 2003 (“a transmission direction request”) by a person not taking part in the proceedings (“an applicant”) for permission to watch or listen to the proceedings remotely must be made by 10am on Monday 19 January 2026.
  2. Any transmission direction request should be sent by email to the Administrative Court List Office at administrativecourtoffice.listoffice@justice.gov.uk and must include the following:

(a) the full name of the applicant;

(b) the email address of the applicant;

(c) whether the applicant would be located within the jurisdiction of England and Wales at all times when attending the proceedings remotely (if a transmission direction were to be made); and, if not, details of the applicant’s location;

(d) any information the applicant wishes to provide in support of the request, including in particular any reason(s) why it is contended that making such a direction would be in the interests of justice; and

(e) a statement by the applicant in the following terms: “If permitted to attend the hearing remotely, I understand and undertake to the Court that I will not make a recording, capture images, and/or broadcast any part of the proceedings. I understand that to do so would be an offence and may be a contempt of court, and that I may be punished if I were to do so.”

  1. Unless exceptionally the Court otherwise directs, a transmission direction request made otherwise than in accordance with this Order will not be granted.

REASONS

(1) These claims seek to challenge the validity of the decision by the Defendant made on 21 September 2025 granting development consent for the expansion of Gatwick Airport. The scheme authorised by the development consent order [the DCO] would enable dual runway operations at Gatwick by replacing the existing standby runway with a new operational second runway and delivering additional infrastructure significantly to increase passenger capacity.

(2) As stated in the Claimants’ application notice, these claims are likely to attract significant public interest, particularly to people who are unable in practice to attend in person during the working week but who wish to watch or listen to the hearing wholly or in part. These claims may also attract media attention.

(3) For these reasons I am satisfied that these are appropriate cases for requests for transmission directions to be made under section 85A(3)(b) of the Courts Act 2003. This Order is made to ensure that any transmission direction requests are made in a timely manner, to enable them to be considered and determined prior to the hearing on 20 January 2026 and to ensure that any such requests are accompanied by the necessary information.

Signed: MR JUSTICE MOULD
Date: 13 January 2026