Wethersfield: Braintree council loses appeal over airbase

A district council has lost an appeal against government plans to house migrants at a former RAF station.

The Home Office wants to place 1,700 adult male migrants at MDP Wethersfield in rural Essex, making it the UK's largest asylum accommodation centre.

Braintree District Council had sought an injunction to stop the plans.

On Friday, the Court of Appeal dismissed the bid and agreed it had been correctly struck out by the High Court in April.

In their ruling, Sir Keith Lindblom, Lord Justice Dingemans and Lady Justice Whipple said that the original judge was right when he said he had no legal jurisdiction in the case.

The Ministry of Defence (MoD)-owned land was one of the sites identified when immigration minister Robert Jenrick unveiled plans in March to house asylum seekers in disused military bases to reduce reliance on hotels.

The council had previously argued that the proposals were a "flagrant breach" of planning laws and the location was too isolated.

The 335-hectare site is located 10 miles (16km) from the nearest railway station in Braintree, with the proposals relating to 6.5 hectares.

The Home Office and MOD, however, said changing the use of government-owned land was justified under planning law because it would prevent an emergency which "threatens serious damage to human welfare".

In their conclusion, the judges said: "Having considered all the submissions made to us, both written and oral, on the issue of jurisdiction, we find it impossible to accept the argument advanced on behalf of the council."

They added: "It seems to us clear that the judge was right to conclude as he did on this issue, and that his essential reasons for doing so are sound and complete."

Mr Justice Waksman said in his original ruling that the Home Office estimated there were 109,000 migrants - the highest level on record - in need of accommodation and support as of the end of March, including 48,000 being housed in hotels, at a total cost of £6.2m a day.

The court heard in April that Home Office operational plans are based on scenarios of up to 56,000 small boat arrivals in 2023, which would take the number of people needing accommodation and support to between 120,000 and 140,000.

Speaking to BBC Essex after the hearing, Braintree District Council leader Graham Butland, a Conservative, said the local authority would continue to fight against the proposals.

"The government is basically saying 'this is an emergency situation, and therefore we can override the views of local authorities and their constituents'," he added.

"I am extremely disappointed and extremely annoyed."

Separately, the council has issued judicial review proceedings against the home secretary, as has Gabriel Clarke-Holland, who lives near the airfield.

The Administrative Court is consider whether to grant permission for the judicial reviews, and another in relation to similar proposals for RAF Scampton in Lincolnshire, at a hearing on 12 and 13 July.

In May, West Lindsey District Council lost its bid for an injunction. in relation to RAF Scampton.

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