“Can’t predict the future”: Doncaster Sheffield Airport legal challenge question deadbatted by council boss

Other regional airports have previously expressed concerns about the subsidy plan while the office of South Yorkshire mayor Oliver Coppard has warned a legal challenge could lead to a “significant delay” to the reopening project.

A report was published in January 2025 by the Government’s Subsidy Advice Unit at a point when the council’s plan was to lend £105m to FlyDoncaster at rates which meant the money would equate to an effective £89.7m grant. Both Leeds Bradford Airport and the Regional & City Airports, which owns airports in Exeter, Norwich and Bournemouth, questioned the “proportionality” of the planned subsidy.

The amount expected to be given to FlyDoncaster has since increased while a separate legal challenge by the privately-owned Bristol Airport against the Welsh providing a £205m subsidy to the publicly-owned Cardiff Airport was registered in June 2025 but was only heard last month, with a judgement in that case yet to be announced.

When asked by The Yorkshire Post whether he anticipates a legal challenge against the Doncaster plan, CDC chief executive Damian Allen said: “If I could predict the future I would be a bookie.”

Rules surrounding the planned FlyDoncaster grant are governed by the recently introduced Subsidy Control Act 2023 – making it a relatively untested area of law.

Once the council passes funding to FlyDoncaster, it will be required to publish details of the figures within three months of a decision to grant money. There will then be a further month for any interested party to apply to the Competition Appeal Tribunal for a review.

Leeds Bradford Airport chief executive Vincent Hodder said in November he would have a “real problem” with the use of taxpayer money to entice airlines to move to DSA. But he also said DSA “can do as they wish” in regard to infrastructure investment.

Mr Allen said in regard to those remarks: “He’s been very clear that if the public subsidy is applied to incentivise airlines, then you are going to put yourself in some challenge. We’re not contesting that point. But not all funding is sourced from public subsidies.”

FlyDoncaster director Christian Foster said with ongoing commercial negotiations taking place with airlines, the council has been taking advice to ensure it ​​​​​​​follows the ”right and proper procedures” around complying with subsidy rules.

The council has previously said that it believed any “discounts or incentives” offered to airlines would comply with legal rules. It has also said it would “robustly defend” any legal challenge.

Mr Allen said he did not wish to answer a “hypothetical question” about what the impact of Bristol winning its legal challenge would be on the Doncaster strategy.

He said the subsidy would not be provided to FlyDoncaster until after the company is established as the airport operator.

He added: “You also need to be clear about what the subsidy is being applied to. There’s a lot of income that comes into the airport that’s nothing to do with the subsidy. That’s an accounting process for the director of FlyDoncaster.”

Funding for the FlyDoncaster subsidy is also dependent on £160m of money for the council being released by the South Yorkshire Mayoral Combined Authority. This money is not due to be released until the council’s lease with landowner Peel is renegotiated – a process which is yet to be concluded but Mr Allen has said is in its “final stages”.

Mr Allen said progress is continuing to be made on the reopening project in advance of that and would still be able to happen it a legal challenge did occur.​​​​​​​

A DSA project spokesperson said: "We have a robust and realistic project timeline that aims to get the airport open as soon as possible. While there are always going to be factors outside of our control, we have taken all necessary steps to mitigate any risks these pose to the programme, including taking steps and expert advice to ensure we are compliant with subsidy requirements.”​​​​​​​