The National Park Authority sought permission from the High Court to apply for the judicial review stating that proper account had not been taken of the New Forest's protected status as a National Park, particularly in terms of mitigating for the impact of the airport plans.
In his written decision, the judge considering the application, said: "Despite careful and skillful drafting, the grounds are not arguable. Indeed at times the grounds appear to 'trail' points rather then commit. It is simply not arguable that the defendant [Christchurch Borough Council] did not address the National Park factors."
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Cllr David Jones, Chairman of Christchurch Council's Planning Control Committee, said: "We are delighted that the judge has seen that this case is not arguable. The application for planning permission included a full and proper environmental statement both in general terms as well as the way in which the proposals may have affected the National Park.
"Contrary to claims by the Park Authority, the Council was at all times aware of its legal duties with regard to the impact upon the conservation or enhancement of the natural beauty, wildlife and cultural heritage of the National Park."
In addition to finding the Park Authority's case not arguable, the judge noted that "this application should not have been delayed to the last date of the three-month period".
(JM)
