Court of Appeal to hear challenge relating to injunction preventing use of RAF Wethersfield for asylum seeker accommodation
On 12 June 2023, the Court of Appeal will hear an appeal arising from the first instance decision of Waksman J in Braintree District Council v (1) Secretary of State for the Home Office (2) Secretary of State for Defence  EWHC 1076 (KB).
The Council applied for an injunction under s.187B of the Town and Country Planning Act 1990 to prevent the use of RAF Wethersfield for accommodating asylum seekers. The Secretary of State for the Home Office applied to strike out the claim in reliance on section 296A of the Town and Country Planning Act 1990. At first instance, Waksman J allowed that strike-out application.
The Court of Appeal will now consider two issues:
- Whether an application for an injunction under s.187B of the Town and Country Planning Act constituted a “step taken for the purposes of enforcement” within the meaning of section 296A of the Town and Country Planning Act 1990.
- Whether the permitted development rights under Schedule 2, Part 19, Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) – which allows the Crown to undertake development for, among other things, reducing, controlling or mitigating the effects of, or taking other action in connection with an “emergency” – applied to the proposed development.