Braintree District Council v Secretary of State for the Home Department & Anor
[2023] EWCA Civ 727
Braintree District Council v Secretary of State for the Home Office & Anor
21 April 2023
[2023] EWHC 1076 (KB)
High Court
The council tried to stop the government from using a site to house asylum seekers without planning permission. The judge said the council couldn't legally stop the government, but also that the government probably didn't need planning permission anyway because of the high number of asylum seekers needing homes (a kind of emergency).
Key Facts
- •Braintree District Council (BDC) sought an injunction against the Secretaries of State for the Home Office (SSHD) and Defence (SSD) to prevent the use of a 6.5-hectare site (the Site) at RAF Wethersfield for housing up to 1,700 male asylum seekers (the Development).
- •The Site is Crown land and the Development would constitute a material change of use requiring planning permission unless exempt.
- •The SSHD argued that the Development was exempt under Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended, relating to permitted development for emergencies.
- •The SSHD also argued that BDC lacked jurisdiction to bring the claim under section 296A of the Town and Country Planning Act 1990, which restricts enforcement action against the Crown.
- •The SSHD justified the use of Class Q based on an ‘emergency’ stemming from record-high numbers of asylum seekers requiring accommodation, exacerbated by factors such as small boat arrivals and the aftermath of the Covid-19 pandemic.
- •BDC argued that the ‘emergency’ was not sudden or unforeseen, and that the SSHD's actions would circumvent the planning process.
Legal Principles
Planning permission is generally required for development.
Town and Country Planning Act 1990, section 57
Carrying out development without planning permission constitutes a breach of planning control.
Town and Country Planning Act 1990, section 171A
Local planning authorities may apply for injunctions to restrain breaches of planning control.
Town and Country Planning Act 1990, section 187B
Enforcement action against the Crown on Crown land requires consent of the appropriate authority.
Town and Country Planning Act 1990, section 296A
Permitted development rights under Class Q apply to Crown land developments for purposes related to emergencies.
Town and Country Planning (General Permitted Development) (England) Order 2015, Class Q
Outcomes
The claim was struck out.
The court held that section 296A of the Town and Country Planning Act 1990 prevents local planning authorities from bringing injunction proceedings under section 187B against the Crown on Crown land.
The court found that the Development likely fell within Class Q permitted development rights.
The court determined that the high number of asylum seekers and the lack of suitable accommodation constituted an 'emergency' within the meaning of Class Q, justifying temporary development without planning permission.
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