By Julian Whittle

Last updated at 11:53, Saturday, 02 March 2013

Legal moves to stop the redevelopment of Carlisle Airport are underway.

Gordon Brown

Irthington farmer Gordon Brown, who successfully overturned a previous planning consent in 2009, is mounting another challenge that could go all the way to the Court of Appeal.

His solicitor, Dickinson Dees, has served a pre-action protocol letter on Carlisle City Council after the council granted planning permission last month.

Stobart Group wants to build a 394,000sq ft freight-distribution centre and to resurface the runway for scheduled passenger flights to London Southend and Dublin.

A pre-action protocol identifies the issues in dispute. It is the first step towards applying to the courts for a judicial review of a decision made by a local authority. The council has 14 days to respond.

A council spokeswoman said: “The letter was received on Wednesday and raises a number of issues. We will respond to the letter, following which Mr Brown will consider his position.”

Stobart had said that work on the £25 million scheme would start “straight away”.

It declined to comment on the latest turn of events. Some preparatory work has started but it is unlikely that major works will go ahead until Mr Brown’s challenge has been resolved.

He declined to go into the details of his case but said he believed the council had “acted unlawfully”.

He has said previously that the planning consent may breach European state-aid rules.

These apply when a public body gives assistance to a business that might distort trade and competition.

Mr Brown warned councillors in January that, “at the very least”, they should check with the European Commission before granting permission. He also claimed that one of the council’s planning conditions was unenforceable.

This requires Stobart to keep the airport open unless the company can show it is unviable, even with rental income from the freight-distribution centre.

Councillors delayed consideration of Stobart’s planning application to get legal advice on Mr Brown’s arguments. They confirmed permission after their lawyers said there was no breach of the state-aid rules and that his other claim was “without basis”.

First published at 11:36, Saturday, 02 March 2013
Published by http://www.newsandstar.co.uk