Problem Question WORD LIMIT: 1500 WORDS!!!!! Following a global pandemic, the Go
WORD LIMIT: 1500 WORDS!!!!!
Following a global pandemic, the Government decides to build a new airport to boost the economy and reignite the travel industry following the lockdown. Overseen by the Department for Transport, the new airport is built close to the (fictitious) town of Ryansville. Once Ryansville International Airport has been completed, however, its proximity to the town causes problems for a number of the local residents who wish to challenge the Government’s decision to build the airport on this site.
The following residents of Ryansville wish to bring an application for judicial review of the Government’s decision to build the airport close to the town. Critically discuss whether each party (Pete and Amy; Camilla; James; and Theresa) satisfies the requirements for judicial review, with a particular (though not exclusive) emphasis on standing. Consider each of the parties separately and in isolation.
• Pete and Amy. Both are self-employed – Pete as a watchmaker and Amy as a dressmaker – and both work from home, which is under the flight path into Ryansville International Airport. The new airport, however, is disrupting their work with the constant vibrations caused by planes taking-off and landing at the airport making it harder for both Pete and Amy to practice their delicate crafts. Their businesses are severely affected. Neither Pete nor Amy wish to challenge the Government’s decision, however, their friend Archie is keen to do so on their behalf.
• Camilla, a professional singer and music teacher who also works from home, close to the airport. The noise of the planes makes singing practice difficult and disrupts Camilla’s music lessons. She is forced to find another location to work. Camilla wishes to bring a claim but 7 months have passed since the airport opened.
• James, the local (opposition) MP for Ryansville. A number of residents have got in touch to complain about the noise and disruption from the airport. He wishes to bring a judicial review claim to challenge the Government’s decision to build the airport, doing so on behalf of the many residents who have complained to James.
• William is a local refuse collector who suffers from severe asthma. The pollution from the planes and other airport vehicles affects his breathing. He does not have the means to bring a claim. Theresa, however, is the Founder of a prestigious environmental pressure group, BigTrees. She is keen to bring a claim on behalf of William and other residents affected by the pollution.