'The game is not over' - West Lindsey District Council celebrates High Court win over RAF Scampton challenge

This decision followed an extensive hearing at the Royal Courts of Justice in London, where Mrs Justice Thornton DBE ultimately ruled in favour of the local authority.

Represented by Richard Wald KC, the council argued during the proceedings that the government’s approach to housing up to 2,000 asylum seekers at the former home of the Dambusters, was unlawful.

The review is being carried out on the grounds that the government was incorrect to rely on the Environmental Impact Assessment screening decision and Class Q planning permission.

The court also reviewed similar claims by Braintree District Council and Weathersfield resident Gabriel Clarke-Holland, who contended that the government’s plans to house up to 1,700 asylum seekers at MDP Weathersfield were likewise unlawful. All three claims will now move forward to judicial review.

Following the proceedings, Director of Planning and Regeneration at WLDC, Sally Gringrod-Smith said: “Ultimately, we’ve been given permission to proceed to a full judicial review with Braintree District Council and Mr Clarke-Holland.

“That is on the fundamental issues of whether it is right to utilise Class Q and have they [the Home Office] followed the appropriate environmental screening requirements.

“To be able to proceed to judicial review, there is a fairly high legal threshold to get through. What you’ve seen today is the challenge of those pure legal points moving forward.”

While no date has been set for the subsequent step in the legal challenge against the Secretary of State, it’s confirmed to unfold over two days.

“The judge has directed that it will be a two-day hearing. We will work with our colleagues at Braintree District Council and Mr Clarke-Holland’s team to determine whether we press for an expedited hearing,” continued Mrs Gringrod-Smith.

Richard Wald KC also argued that the government’s proposals have thrown a wrench in a £300 million enterprise, heritage, and tourism project by Scampton Holdings Ltd.

The project was expected to create thousands of high-skilled jobs in the area. However, there is now a growing concern that investors may redirect their resources elsewhere if the government’s plans are executed.

While Mrs Justice Thornton conceded that the Secretary of State should have considered this more thoroughly, it was not accepted as a ground for judicial review.

Oliver Wheeldon, Co-Director of Scampton Holdings, attended the two-day permission hearing; he said: “We view this as a short-term victory and belive that the judge has made the right decision.

“Obviously, it’s a technical case within planning law and statutory powers of the Home Office. But, we’re glad that the High Court is interested in scrutinising some of the aspects that we’re concerned with, particularly Class Q and emergency powers, and whether these were invoked correctly.”

The aviation and space specialist concluded with an encouraging message to investors and concerned residents: “Do not give up hope, I believe we will prevail in this matter. The game is not over.”

West Lindsey District Council Leader Trevor Young (Liberal Democrat) also welcomed the decision and commended the council’s decision to pursue its legal challenge.

He noted: “I hope the community sees today’s judgement as a positive, as it clearly demonstrates we have a case.

“I welcome today’s judgement, which I hope the community will take as a positive in that it clearly shows we have a case.

“However, as we have seen at other large sites across the country and in particular at Wethersfield, the Home Office is continuing to press ahead with its plans to use larger sites for asylum accommodation.

“Therefore, our challenge is to continue to balance our legal process with our duty of care as a local authority, to hold the Home Office to account on their proposals, as we have been doing since March.

“Unfortunately, despite regular meetings with the Home Office and our partners, we still have many unanswered questions. We will continue to raise our concerns with the Home Office so it can put in place mitigating actions.

“We will also continue to push for open and transparent engagement with our community. I would like to take this opportunity to thank everyone for their support so far and we will keep you informed as we hear of any updates.”