Town councillor loses High Court case over Portland migrant barge
A town councillor who wanted to challenge the Home Secretary’s failure to obtain necessary planning permission to use the Bibby Stockholm barge to accommodate asylum seekers has had her claim dismissed.
In the High Court today (11 October), Mr Justice Holgate ruled that Carralyn Parkes, a member of Portland Town Council and the Mayor of Portland but who was bringing the claim in a personal capacity, did not have an arguable case.
The three-storey Bibby Stockholm is docked at Portland Port in Dorset.
The Home Office began transferring people onto the barge at the beginning of August. Up to 500 men will eventually live on the vessel while they await the outcome of asylum applications.
It was argued by Ms Parkes that the barge’s “permanent mooring” extends the planning jurisdiction, and it therefore requires planning permission.
Prior to the hearing, Deighton Pierce Glynn Solicitors (DPG), representing the claimant, said: “First, our client argues that Portland Harbour is within the jurisdiction of the local planning authority. By proceeding without it, the Home Secretary is circumventing the proper planning process.
“Second, the barge is effectively a permanent structure, moored and connected to the land to operate with supplies for electricity, sewage, for people and staff to get on and off, and for the moving of supplies. It is therefore more akin to a pier, dock or marina than a transient vessel. This permanent mooring extends the planning jurisdiction, and the barge therefore requires planning permission.”
Lastly, it was submitted that various works have been carried out on shore in order to support the barge. “Those works – including the creation of an exercise area, erection of fences and structures, changing a building’s use to hold regular meetings regarding the barge, and installation of plumbing and electricity – require planning permission, either together with the Barge as a ‘planning unit’ or in their own right”, the law firm said.
According to the BBC, Paul Brown KC, leading Home Secretary Suella Braverman's legal team, said Ms Parkes' claim was "out of time" and "without merit".
Government lawyers also argued the local planning authority did not think planning permission was required and there was no "general principle" that housing "non-British asylum seekers" together on a vessel was unlawful under a public sector equality duty.
The Home Office has been approached for comment.
