CND threatens council and MoD with legal challenge amid claims permitted development rights wrongly used in plan that could see nuclear weapons stationed in Suffolk
West Suffolk Council and the Ministry of Defence are facing a judicial review challenge from the Campaign for Nuclear Disarmament (CND) over the use of permitted development rights in relation to a development the campaign group believes is a precursor to stationing American nuclear weapons.
CND also argues that the two defendants failed to assess the environmental impact of potentially facilitating the weapons at the Suffolk airbase and has called on the MoD to halt development works at RAF Lakenheath while the necessary screening is carried out.
Works planned for the airbase include the construction of 'rapid airfield damage repair facilities' (RADR), a child development centre and a 144-bed dormitory.
Environmental impact screening assessments have been carried out for the child development centre and the RADR, but not for the dormitory, as the MoD says the dormitory has permitted development rights under the Town and Country Planning (General Permitted Development)(England) Order 2017.
However, in pre-action protocol letters to the MoD and West Suffolk, CND argues that the permitted development rights do not apply.
The group claims the work could go ahead without an environmental impact assessment if it was being carried out by or on behalf of the Crown, but this does not apply as the building works are being done by and for the United States Airforce.
CND added there had been no screening of the dormitory plan by West Suffolk to show it would have no significant environmental impact, and without that screening, it cannot have permitted development rights.
CND also argues that works at the airbase should have been considered as one project for planning purposes, in line with planning practice guidance.
In addition, it argues that any assessment must include not only the construction of the buildings comprising the various developments but also the effects of the use of those buildings, that is, the effects of stationing nuclear weapons on the airbase.
Risks that should be considered include that of weapons being negligently maintained or handled by USAF personnel, but also security risks if malicious actors break into the airbase or the weapons cause the UK to become a target for a nuclear attack, the group said.
CND General Secretary Kate Hudson said: "USAF has ploughed ahead with construction at the airbase by purportedly relying on planning rights that assume that the development won't have significant environmental effects. But in doing that they've completely ignored the risks that stationing nuclear weapons would entail and therefore might arguably be operating unlawfully in breach of planning control."
CND is represented by planning law specialist solicitor Ricardo Gama at law firm Leigh Day.
Gama said: "CND wants to make sure that the development at RAF Lakenheath, and the wider question of whether nuclear weapons should be stationed on UK soil, if that is what the USAF is planning, doesn't slip under the radar without proper public scrutiny. The planning process is one way for members of the public to make representations on these controversial plans."
A Ministry of Defence spokesperson said: “The planned accommodation block falls under existing permitted development rights and work is underway to support an Environmental Impact Assessment screening.”
A spokesperson for West Suffolk Council confirmed it had received a letter from CND and is considering its response.
Adam Carey
