THE future of flying activities at Kemble Airport has been cast into doubt less than three months after it won a battle with Cotswold District Council (CDC).

North Wiltshire District Council is seeking to challenge CDC’s decision to grant the airport a Certificate of Lawful Use in the High Court.

As the airport is in Cotswold District but runs into North Wiltshire District, it is necessary to have planning permission from both councils for commercial flying activities.

Claire McGine, CDC spokesman, said: “NWDC has submitted a judicial review challenge to CDC’s decision to grant a Certificate of Lawfulness (CLEUD) to Kemble Airfield Estates Limited following the Planning (Regulatory) Meeting on June 25, 2008.

“CDC has taken external legal advice from a barrister. His advice is that we should concede that the granting of the Certificate was unlawful on certain grounds.

“CDC has no power to revoke the CLEUD and therefore the advice we have received is that we should agree that the certificate should be quashed in the judicial review.

“In the light of this advice, it has been agreed to pursue this course of action and the council has written to the court, NWDC and the applicant to inform them of its position. We do not wish to comment further at this stage as the matter is the subject of legal proceedings.”

In a statement, David Young, Kemble Airport manager, said the airport would defend CDC’s June decision.

“Kemble Airport believes that the minuted resolution of the members of the CDC Planning Committee to grant a CLEUD to Kemble remains the democratic decision of the council and it will defend that position,” he said.

“We very much hope to work with CDC in accordance with advice from our top QC to see that the errors in the administrative process are corrected. There are rules of ‘slippage’ which specifically allow for this and the CLEUD should not be revoked but corrected in accordance with the resolution of the Members.

“Our QC advises us that all CDC have to do is issue a new correct certificate. This would be in support of the members resolution and the democratic process.

“We are assuming that the majority decision taken by the planning committee has not, and cannot be revoked, and we would expect a new and correct CLEUD to be issued in accordance with the extant resolution.”