Home Office facing fresh legal action over special development order used to house asylum seekers at RAF base

West Lindsey District Council has launched a fresh judicial review challenge over the Home Office's decision to use a Special Development Order (SDO) to house asylum seekers at RAF Scampton.

The council's Director for Planning, Sally Grindrod-Smith, has said the Home Office's decision "goes against everything the planning process stands for".

The news comes after a series of legal battles between the Home Office and the district council over efforts to move up to 2,000 asylum seekers onto the airfield.

In an update published Friday (2 February), the council said the Home Office had disclosed a new Environmental Impact Assessment Screening Direction to the local authority in an effort to secure longer-term use of the site.

The screening direction was then "followed up quickly" with a letter confirming the Home Office intended to regularise the development on-site through an SDO, the council said.

The Government can make an SDO under section 59 of the Town and Country Planning Act 1990, which allows the Government to secure planning permission through secondary legislation passed by Parliament.

Due to the short timescales, an SDO must be accompanied by a negative EIA Screening Direction.  

The council said it has previously "made its view clear" that it is against the method of obtaining planning permission by way of an SDO due to concerns over lack of transparency and opportunity for public consultation.

In a 28-page letter commenting on the SDO, the council complained over the lack of an assessment of why the Home Office decided to pursue an SDO.

It added: "There are a number of other possible planning routes through which planning permission could be sought but an SDO circumvents proper public participation, scrutiny and consultation, all of which should be afforded to a proposal of this significance and impact."

After submitting its letter, the council launched judicial review proceedings against the Environmental Impact Assessment Screening Direction on which the SDO application will rely.  

The council argues that the assessment is in direct conflict with the Central Lincolnshire Local Plan.

It also contends that the plan will bring harm to listed buildings, monuments and their settings and result in inappropriate intensification of population in an unsustainable rural area.

Additionally, it claims the plan will have an "unacceptable" impact on strategic infrastructure, including highways, health, education and utilities.

The council also claims the plan fails to meet requirements for the protection of important species and disregards the new Biodiversity Net Gain requirements.

Cllr Trevor Young, Leader of West Lindsey District Council, said: "The council's decision demonstrates our commitment to hold the Government to account in relation to its decision to use RAF Scampton for the purposes of housing 2,000 male asylum seekers."

He added: "The Government has not only failed to understand the complexity of the site through its inadequate Environment Impact Assessment, but it has also failed to engage properly with local people throughout the process leading to significant anxiety within the community.

"RAF Scampton is wholly unsuitable for the purpose they propose and as such they need to engage in meaningful consultation with all future stakeholders to ensure a balanced and sustainable approach to addressing asylum seeker accommodation needs is developed nationally. It can't simply continue to be a postcode lottery based on the availability of Crown Land alone."

Sally Grindrod-Smith said: "We continue to hold the view that RAF Scampton is an unsuitable site for asylum seeker accommodation. The Government's own assessment of the impacts through their EIA Screen Direction fails to address our long held and fundamental concerns. As such it is important that we continue to make this point and where necessary challenge their decisions through the court.  

"We also consider that using an SDO by means of securing planning approval for this major development is completely inappropriate and goes against everything the planning process stands for."

The Home Office originally sought to secure planning permission to use the site as asylum accommodation under permitted development rights (emergency powers known as Class Q) for 12 months up to April 2024. The council, along with Braintree District Council and a local resident in Wethersfield challenged the use of Class Q through a judicial review, which is currently going through the appeal process.

Activity on site has been stalled due to the council serving a planning Enforcement and Stop Notice on the site, which the Home Office are appealing.

A Home Office spokesperson said: “Delivering accommodation on surplus military sites provides more orderly, suitable accommodation for those arriving in small boats while reducing the use of hotels.

“We understand the concerns of local communities and are liaising with councils and local services to manage the impact of using these sites on a temporary basis.

“We remain committed to working with key partners to facilitate their visions for Scampton in the future.” 

Adam Carey