Court of Appeal dismisses RAF Wethersfield s. 187B appeal

The royal courts of justice 1648944 1920

Today, the Court of Appeal dismissed Braintree District Council’s appeal from the decision of Waksman J striking out its application for a S. 187B injunction to halt the Home Secretary’s plans to use land at RAF Wethersfield to accommodate asylum seekers: Braintree DC v Secretary of State for the Home Department [2023] EWCA Civ 727.

The Court held that commencing a claim and making an application for an injunction under s. 187B TCPA 1990 constituted taking a step for the purposes of enforcement, and was so subject to the statutory bar provided by s. 296A TCPA 1990. On that basis, Waksman J was right to strike out the claim.

In the circumstances the Court rejected the Secretary of State’s invitation to consider the second issue decided by Waksman J, which is whether the proposed development falls within Class Q, part 19, Schedule 2 of the General Permitted Development Order 2015. That issue now falls to be decided in judicial review proceedings.

West Lindsey District Council, Rother District Council and Gabriel Clarke-Holland (a local resident who lives near Wethersfield) were granted permission to intervene in writing. Claims for judicial review in relation to both RAF Wethersfield and RAF Scampton have been brought by West Lindsey District Council, Rother District Council and Mr Clarke-Holland. An oral permission is listed for 12-13 July.

Paul Brown KC and Nick Grant appeared for the Secretary of State. Isabella Buono is instructed with them for the judicial review claims.

Alex Goodman KC and Charles Bishop provided the written submissions of Mr Clarke-Holland, instructed by Deighton Pierce Glynn. They are also instructed in his forthcoming judicial review.

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