Lincolnshire district council formally launches legal challenge to Home Office plan to house asylum seekers at RAF base

West Lindsey District Council has applied to the High Court for a judicial review of the Home Office’s decision to use the RAF Scampton base as a site for accommodating asylum seekers.

The local authority said last week (28 April) it wanted to safeguard the future of the site and protect plans for a £300m investment and regeneration scheme.

It is seeking interim relief to prevent the Home Office from developing the site whilst the judicial review proceedings are ongoing. If interim relief is not granted, it will press for a hearing to take place as soon as possible.

The council will argue that the Home Secretary has acted unlawfully by failing properly to take account of key material considerations in relation to the site.

West Lindsey will also challenge the Government’s decision to rely upon temporary permitted development rights when the intended use of the site extends beyond the temporary period of permission.

Sally Grindrod-Smith, Director of Planning Regeneration and Communities at West Lindsey, said: “The council does not take lightly this application for judicial review. However, given the impact of the Home Office plans on our £300m investment, we have been left with no choice.”

She added: "The council considers the Home Office has not adequately assessed local factors in determining to use RAF Scampton for asylum accommodation. In particular the local planning context should have been a material consideration in any site selection exercise and we have received no assurance that this has been the case.

“We do not believe it is appropriate to rely upon temporary permitted development rights when it is clear that the site would be used for longer than any temporary permission would allow.”

The council said it had followed all government processes in making its expression of interest to acquire the site from the Ministry of Defence and in the preparation of the site-specific policy within the adopted Central Lincolnshire Local Plan.

“It cannot be acceptable that a process with any less rigour is followed by the government when making decisions regarding the future of a key strategic site,” it argued.

Grindrod-Smith said: “However, it is important that we prepare for every eventuality. Therefore, we continue to engage with partners across Lincolnshire including police, the health sector and other councils, to ensure that if proposals do go ahead, any actions required in order to minimise the impact on local communities and to support asylum seekers, are identified and raised with the Home Office.”

The legal action has been backed by the local Conservative MP, Edward Leigh, who said the council had his “full support”.

He added: “It is clear that the best future for Scampton and Lincolnshire is the £300m regeneration deal we have spent years crafting.”

The Home Office has been contacted for comment.

Last week Braintree District Council confirmed it will appeal the High Court's refusal of its injunction application over the Home Office’s proposed use of RAF Wethersfield for asylum seeker accommodation, a day after a local resident announced they had issued judicial review proceedings.

Gabriel Clarke-Holland, who has lived opposite the main entrance to the Essex airfield since he was one, launched his judicial review challenge on 27 April.

Rother District Council – in whose area the Home Office's third site, Northeye Prison, is located – meanwhile said last week that it was also "currently considering all options, including legal options”.