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Fresh judicial review challenge on horizon over Home Office asylum accommodation site

The Home Office could be subject to a fresh judicial review over its plans to house asylum seekers on former military sites across the country after an East Sussex resident reached a crowdfunding goal to challenge plans to move people into a disused prison.

Jeffrey Newnham, who lives in the Bexhill-on-Sea area, has reached his stretch goal of £15,000 for a judicial review of the Home Office's decision to house asylum seekers at HMP Northeye.

The site was originally a WWII RAF radio station. It was used as a prison for two decades before being used as a military training base for the United Arab Emirates. The site has been unoccupied since 2010.

Newnham is seeking to challenge the Home Office's decision to claim Class Q permitted development rights for its plans.

The application of Class Q allows the Government to develop Crown land in the event of an emergency. Class Q is set out in The Town and Country Planning (General Permitted Development) (England) Order 2015.

Newnham also wishes to challenge the lack of consultation of local stakeholders and the alleged lack of transparency and information about the decision-making, "in particular the impact on the environment and other factors, given the proximity to the Pevensey Levels".

Rother District Council and East Sussex County Council have not launched a legal challenge of the plans, although the district council has stated it is considering its legal options.

In a statement, Newnham wrote: "Residents of Bexhill have expressed their disappointment at the lack of consultation from the Government, and have many concerns about the proposals. Following news of the Home Office's plans, Bexhill residents have protested. Many are concerned about the impact of the plans on council services.

"The majority of residents present at the consultation opposed the plans."

He added: "In addition to this, protests have been held since the announcement of the proposals, from both pro-refugee and those against the use of the site. Videos from these protests have since been shared by far-right figures on social media, which is concerning, given the incidences of violence against asylum seekers by such groups."

He is receiving legal advice from Duncan Lewis Solicitors.

The plans for Northeye were revealed in March by Immigration Minster Robert Jenrick as part of a Home Office strategy to move away from its costly policy of housing asylum seekers in hotels.  

He announced three main locations, HMP Northeye, Wethersfield Airfield in Essex and RAF Scampton in Lincolnshire.

However, the plans for Wethersfield and RAF Scampton were met with almost-immediate legal challenges from Braintree District Council and West Lindsey District Council, respectively.

High Court judge rejected an application by West Lindsey for an interim injunction blocking the Home Office from placing asylum seekers at RAF Scampton, but the council is set to challenge the plans at a judicial review hearing yet to take place.

Braintree also failed to secure an interim injunction - with Mr Justice Waksman concluding that the High Court did not have jurisdiction to rule on the issue - but is now pursuing an appeal in the Court of Appeal. West Lindsey has applied to intervene in those proceedings.

third legal challenge has also been lodged by a member of the public who lives next to Wethersfield Airfield.

Adam Carey

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