Gabriel Clarke-Holland, R (on the application of) v Secretary of State for the Home Department & Anor
[2023] EWHC 3140 (Admin)
West Lindsey District Council, R (on the application of) v Secretary Of State For Defence & Anor
11 May 2023
[2023] EWHC 1400 (Admin)
High Court
A council tried to stop the government from using an old airbase to house asylum seekers. The judge said the government had a good reason to use the land, even though it might affect the council's plans. The council didn't get permission to stop the government.
Key Facts
- •West Lindsey District Council (the council) sought judicial review of the Secretary of State for the Home Department's (the Secretary of State) decision to use RAF Scampton for housing asylum seekers.
- •The council sought an interim injunction to prevent the movement of materials, equipment, and people onto the site until the claim was determined.
- •The council is the local planning authority and has redevelopment plans for the site.
- •The Ministry of Defence (MoD) owns the site.
- •The Secretary of State intends to use approximately 50 hectares of the site to accommodate asylum seekers.
- •The Secretary of State argues the use is permitted development under Class Q of the GPDO.
- •The council argues the decision failed to consider material considerations, was irrational, was ultra vires, and lacked adequate reasons.
Legal Principles
Interim relief is governed by the American Cyanamid test, modified for public interest cases.
American Cyanamid (House of Lords 1975)
A local planning authority must not take enforcement steps on Crown land without consent from the appropriate authority (usually the owning government department).
Section 296A of the Town and Country Planning Act 1990
Planning permission is normally required for development (subject to exceptions like permitted development rights).
Section 57 of the Town and Country Planning Act 1990
Class Q permitted development allows development for emergencies, subject to a 12-month time limit unless extended by agreement or planning permission.
Part 19, Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015
Reasons for a decision must be intelligible and adequate (South Buckinghamshire District Council v Porter (No. 2)).
South Buckinghamshire District Council v Porter (No. 2) [2004] 1 WLR 1953 at [36]
Outcomes
The interim injunction was refused.
The court found the Secretary of State had the better of the arguments, considering the balance of convenience and justice, and the strong public interest in providing accommodation for asylum seekers.
The application for an expedited hearing was refused.
The court saw no reason to deviate from the normal timetable, given the undertaking that no asylum seekers would occupy the site before 3 July 2023.
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