Judgment reserved in council appeal in asylum seeker airfield dispute

The Court of Appeal has reserved judgment in Braintree District Council's appeal of the High Court's decision to reject an interim injunction blocking the Home Office from placing asylum seekers on Wethersfield airfield.

The Court agreed to hear the appeal after Mr Justice Waksman concluded that he did not have the jurisdiction to rule on the interim injunction in April.

Braintree is challenging the Home Office's use of Class Q permitted development rights to avoid the need for planning permission for the disused airfield.

Class Q allows the Government to develop Crown land in the event of an emergency.

The council's case also raises questions on whether Local Planning Authorities can enforce on crown land using an injunction.

Following today's hearing (12 June), a council spokesperson said: "We are pleased to have had the opportunity to put our views and the views of our local community in front of the Judge, continuing to support the community to restrain the Home Office from going ahead with these proposals.

"We believe Wethersfield Airfield is an unsuitable site for the Home Office's plans to house 1,700 asylum seekers, given the lack of capacity in local services, its isolated location, the size of the site, and the fact that the scale of the development proposed could have an impact upon the local community."

The council reported that the Court of Appeal hopes to deliver a judgment in as short a time as possible.

West Lindsey District Council, which is fighting against plans to place asylum seekers on an airfield in its own area, submitted evidence as part of the Court of Appeal hearing.

Adam Carey