Carallyn Parkes, R (on the application of) v Secretary of State for the Home Department

11 October 2023

[2023] EWHC 2580 (Admin)

High Court

Someone sued the government for using a barge to house asylum seekers without getting planning permission. The judge said it's up to the local council to deal with planning issues, not the court, so the lawsuit was dismissed.

Key Facts

•Carralyn Parkes, Mayor of Portland, challenged the lawfulness of the Home Secretary's use of the Bibby Stockholm barge to house asylum seekers in Portland Harbour.
•The Home Secretary argued that planning permission was not required as the barge is moored below the mean low water mark.
•Dorset Council, initially agreeing with the Home Secretary's assessment, later stated that planning permission was not required.
•The claimant argued that the use of the barge constituted 'development' under the Town and Country Planning Act 1990, requiring planning permission and potentially subject to enforcement action.
•The claimant also raised concerns about environmental impact assessment and equality act compliance.

Legal Principles

Development under the Town and Country Planning Act 1990

Town and Country Planning Act 1990, s.55

Planning control enforcement powers of local planning authorities

Town and Country Planning Act 1990, Part VII

Judicial review cannot usurp the discretionary powers of local planning authorities.

R (Hammerton) v London Underground Ltd [2002] EWHC 2307 (Admin)

It is primarily for Local Planning Authorities (LPAs), not the court, to decide whether to take enforcement proceedings for breaches of planning control.

R (Prokopp) v London Underground Limited [2004] Env.L.R. 8

Definition of 'land' in planning legislation and its geographical extent in coastal areas.

Town and Country Planning Act 1990, s.336(1); Local Government Act 1972, s.72

Public Sector Equality Duty under the Equality Act 2010

Equality Act 2010, s.149

Environmental Impact Assessment (EIA) Regulations

Town and Country Planning (Environment Impact Assessment) Regulations 2017 and/or retained EU law on EIA

Outcomes

Permission to bring the judicial review claim against the Secretary of State was refused.

The court found that the claimant had challenged the wrong defendant. The Secretary of State's actions, even if potentially in breach of planning control, did not constitute an error of public law. Enforcement is the responsibility of the local planning authority.

Carallyn Parkes, R (on the application of) v Secretary of State for the Home Department

Key Facts

Legal Principles

Outcomes

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