Council to appeal High Court dismissal of asylum airfield judicial review

West Lindsey District Council has resolved to appeal against the High Court's decision earlier this month to dismiss its challenge against the Home Office's use of permitted development rights to accommodate asylum seekers on RAF Scampton.

Councillors unanimously agreed on the appeal in a Corporate Policy and Resources Committee meeting on Tuesday (19 December).

Mrs Justice Thornton dismissed the council's judicial review claim on 6 December.

West Lindsey's claim was heard alongside claims from Braintree District Council and a local Braintree resident over the Home Office's use of Wethersfield Airfield for asylum accommodation, as they raised similar legal arguments.

The three claimants all contested the Home Office's use of Class Q permitted development rights under the Town and Country Planning (General Permitted Development) (England) Order 2015, which allows development on Crown land in an emergency.

Thornton J found the Secretary of State used the legally correct construction of emergency in the relevant emergency statement, and her reliance on Class Q was, in the Court's view, lawful.

At the time, Braintree and the resident immediately vowed to appeal the decision, but West Lindsey said it would consider its options before deciding.

In a statement published Wednesday (20 December) confirming the appeal, council leader, Cllr Trevor Young, said: "It was important for us to challenge the decision taken by the government in March, and we strongly believe this is still the case now, given the findings from the legal proceedings.

"Our decision is strengthened by Mrs Justice Thornton who acknowledged 'compelling grounds' for us to appeal on all counts."

Cllr Young added: "Our decision was not taken lightly, but our position has always been clear that this site is not suitable for accommodating 2,000 single, adult male asylum seekers.

"And whilst it has been a challenging 10 months, since the Home Office announced its plans to use RAF Scampton – we have spent much longer working to secure a once in a generation deal for West Lindsey and Lincolnshire as a whole."

RAF Scampton was home to the Dambusters during the Second World War and was earmarked by the council for a £300m investment plan.

Cllr Lesley Rollings, Chair of the Prosperous Communities Committee and Deputy Leader of West Lindsey District Council, said: "We firmly believe protecting our communities as well as promoting the once in a life-time investment opportunity and associated benefits for the district and beyond, justifies our ongoing fight."

Commenting on the £300m investment plan, Cllr Rollings added: "We simply can't forget just how significant this opportunity is for West Lindsey and beyond. This commercial activity would bring aerospace, aviation, heritage, hospitality, tourism, education, research and much more right here in our County."

The Home Office said it would be inappropriate to comment on ongoing legal proceedings.

Adam Carey