Previous statements - June 2025 to June 2023
Capacity at Wethersfield asylum centre will temporarily increase past its standard operational 800 bed limit, Braintree District Council has been informed. The Home Office has stood up an extra 445 spaces at the site, with the first of those beds potentially in use from Thursday, July 31. Inflow would be in gradual increments, following the site’s established intake process of no more than 60 individuals a week. The Home Office has stated there are no plans to exceed 1,245. Cllr Graham Butland, leader of Braintree District Council, said: “At the earliest opportunity, I updated the Council that the Home Office was considering this option for Wethersfield due to record small boat arrivals. “We now have had confirmation of the plans, along with more details on how this would operate, which we are now sharing. “We will continue to monitor the situation and, along with other partners, hold the Home Office to account to ensure that the site runs safely alongside the local community.” Prior to the announcement, the Home Office has worked with their on-site providers on their readiness for a “steady and safe increase” past 800. In subsequent weeks, intake may raise to no more than 100 a week, with an intention to return to regular occupancy levels in October. A detailed schedule of activity for the planned drawdown will be announced by the Home Office ahead of that time. Men will continue to be sent onto dispersed accommodation outside of the Braintree district area after a maximum of nine months on site. Cllr Butland added: “This does not change what we have been saying for more than two years since we first learnt of the Home Office’s plans; this disused airbase in a very rural area does not have the infrastructure to host asylum seekers on such a large scale.” Has the site risen above 800 capacity previously? No. This is the first time the Home Office has used its ‘surge’ capacity for the site. Under the Class Q conditions, which the site operated under for a year before the SDO was laid before Parliament in April 2024, the population reached 630. What allows the Home Office to make this decision? The Home Office, under the conditions of the Special Development Order, has the power to house up to 1,700 men at Wethersfield. However, following an operational review in early 2024, it decided to self-impose a normal operational limit of 800, while having a temporary ‘surge’ capacity of up to 425. While it can be assumed that the decision to surge would be tied to the levels of small boat crossings, the levels of capacity across the wider Home Office estate are not shared with us. Any new intake of asylum seekers at Wethersfield will continue to come directly from small boat arrivals after initial processing checks have been completed rather than elsewhere in the estate. This is the established intake procedure that has been in place and agreed with Braintree District Council since the first asylum seekers arrived on site. How long will it take to get to the maximum capacity of 1,245? The intake at Wethersfield is entirely dependent on small boat arrivals. There are also weekly dispersals from Wethersfield on a weekly basis to onward dispersal accommodation throughout the UK. It has taken until this month for Wethersfield to reach its standard operational capacity of 800, despite having the cap of 580 beds removed in February. Braintree District Council is the planning enforcement authority, why doesn’t it shut the site down? The council has consistently opposed the change of use for Wethersfield airfield through various legal challenges in the High Court and through the Court of Appeal, which proved unsuccessful. The council was bypassed through the use of Class Q and Special Development Order planning permissions to the MHCLG. This is covered in detail on our Wethersfield information page. Despite this, we have made our position clear; we do not support the use of the site for the accommodation of asylum seekers given the scale of the development, the lack of capacity in local services and its isolated location. Planning conditions allowing Wethersfield asylum centre to raise its capacity to 800 have been approved, the council has learnt. The Home Office has stated the Ministry of Housing, Communities and Local Government (MHCLG) is satisfied all conditions of the Special Development Order (SDO), that capped the population at 580, have now been met. As a result, intake taking the site over the 580 cap is likely to happen next week (week commencing February 10). The SDO was originally laid before Parliament in April 2024 and bypassed Braintree District Council as the planning authority. It also superseded the Class Q permission, which originally gave the Home Office permission to start work on the site in March 2023. This also bypassed Braintree District Council’s jurisdiction. Cllr Tom Cunningham, deputy leader of Braintree District Council, said: “We have been made aware all outstanding conditions limiting the asylum centre’s capacity to 580 have now been signed off by MHCLG. “We understand that the Home Office will conduct a phased increase in population, increasing numbers only when they are satisfied with site readiness. We have been told that, under current conditions, it is estimated the site could reach full capacity of 800 asylum seekers in eight weeks. “We will continue to monitor the situation and, along with other partners, hold the Home Office to account to ensure that the site runs safely alongside the local community. “However, this does not change what we have been saying for nearly two years since we first learnt of the Home Office’s plans; this disused airbase in a rural area does not have the infrastructure to host asylum seekers on such a large scale.” Has the site risen above 580 capacity previously? Yes. From July 2023 to April 2024, the asylum centre operated under Class Q emergency planning powers, which like the Special Development Order, bypassed Braintree District Council as the planning authority. Under Class Q, the site capacity could have theoretically reached 1,700, but to our knowledge did not rise above 630. Braintree District Council is the planning enforcement authority, why doesn’t it shut the site down? The council opposed the change of use for Wethersfield airfield through various legal challenges in the High Court and through the Court of Appeal, which proved unsuccessful. This is covered in detail on our Wethersfield information page. Despite this, we have made our position clear; we do not support the use of the site for the accommodation of asylum seekers given the scale of the development, the lack of capacity in local services and its isolated location. Who runs the site? Wethersfield asylum centre is a non- detained Home Office accommodation site established on the former RAF Wethersfield airfield. It is operated by Clearsprings Ready Homes on behalf of the Home Office. Braintree District Council has announced that it has withdrawn from the Judicial Review appeal process, challenging the Home Office of its use of Wethersfield airfield for asylum accommodation. The High Court granted the council and West Lindsey District Council permission to withdraw. The decision comes after the Home Office confirmed it had laid a Special Development Order (SDO) in Parliament, which came into force on 11 April 2024, and grants planning permission for the site to be used for asylum accommodation for a further three years with up to six months decommissioning. The council has spent the past few months reflecting on the detail contained within the Judicial Review judgement from December 2023, where Mrs Justice Thornton determined the Home Office acted lawfully when making the decision to use the site for this purpose and taking time to consider the council’s position. With the Home Office’s temporary planning permission through emergency permitted development rights (known as Class Q) now expired and the SDO now in place, it is no longer expedient for Braintree District Council to pursue the appeal. The Judicial Review was brought against the Home Office decision making around the use of Class Q and the interpretation of an emergency. With the introduction of the SDO, which grants planning permission for the site to be used for asylum accommodation for a further three years with up to six months decommissioning and regularises the development of the site, the council’s view is that it means those legal arguments brought through the judicial review process are now academic. The council believes it is important to preserve funding and resources in order to robustly consider any potential future enforcement action that may arise under the SDO. In making this decision, the council has had to weigh the advantages and disadvantages of continuing the legal action and determining whether the gain arising from the action is worth the risks associated such as additional costs incurred, adding to the council’s budget pressures, and impact on council resourcing. Councillor Graham Butland, Leader of Braintree District Council, said: “We’ve stated since day one that we do not agree with the approach the government has taken by using the site for large scale asylum accommodation, and bypassing us as the local planning authority to grant itself permission, which meant the opportunity for communities’ voices to be heard was lost. “We’ve spent the last few months carefully considering our legal challenge and with the Special Development Order now in place, we feel at this time it is within the best interest to safeguard our resources and money. The cost of the legal challenges has had to be met by taxpayers across the whole of the Braintree District, which has been an important consideration as part of this decision. “It was important for us to challenge the decision taken by government and we have worked extremely hard over the past year to challenge the Home Office decision on the use of the site. We know how important this site is to our communities and we are committed to continuing to do all we can to continue to represent their views, maintain an open dialogue with the Home Office and work with our partner agencies to ensure the needs of our community and those living on site are met whilst the site is in operation. "We will also continue to listen and work with the community regarding the future of the former RAF Wethersfield site, post the period of the SDO.” The council continues to hold the Home Office to account on its asylum accommodation centre. Councillor Butland added: “Braintree District Council has not been involved in the government’s SDO process so when it was laid to Parliament on 21 March, that was the first time we had seen its detail. We have since written to the Home Office on numerous occasions requesting urgent copies of all relevant documentation and information associated with the SDO to ensure its compliance and to support our duty in safeguarding the interests of the local community and those living or working on site. The Home Office have indicated they will be sharing this information with us, and we will continue to work behind the scenes and explore all routes to make sure the site is operating in accordance with the SDO.” The Home Office is responsible for the asylum accommodation centre and keeping residents updated. A monthly newsletter is published on the GOV website by the Home Office to provide residents with updated accurate and factual information about the asylum accommodation centre. This week the Home Office confirmed with Braintree District Council that it has laid a Special Development Order (SDO) which gives planning permission for the Secretary of State at the Department for Levelling Up, Housing and Communities to extend the use of the asylum accommodation centre at Wethersfield Airfield for a further three years, with up to six months decommissioning following. This comes as their emergency permitted development rights (known as Class Q) expire in April. The Council was given the opportunity to provide its comments on the SDO process where it raised various concerns, including the lack of information initially provided to us and the failure to ensure meaningful engagement with stakeholders and the local community. However, this is the first time the Council has seen the detail of the SDO. A letter has also been received from the MoJ by Braintree District Council stating they are not looking to use the Wethersfield airfield site to progress two new prisons whilst the Home Office are on site, but still maintain an interest in Wethersfield as part of their long-term prison strategy. This comes after they held a public consultation in 2021 asking for resident’s views on their plans to develop two new prisons on the site and the district council requesting for updates on their position over the past three years. Braintree District Council still believes the MoJ would need to submit a planning application to Braintree District Council, as the local planning authority, if they wanted to pursue any potential prison plans in the future. This would give the council, residents, businesses and stakeholders the opportunity to submit their views and comments through the planning process. Councillor Graham Butland, Leader of Braintree District Council, said: “Having direction on the government’s ongoing plans for its use of the Wethersfield airfield site will finally give our communities clarity, especially for the MoJ prison proposals since they announced the plans over three years ago. “As we’ve said since day one, the Home Office have bypassed us as the local planning authority and applied directly to the Secretary of State as a way of getting around planning permission for asylum accommodation which we don’t think is appropriate, and therefore the opportunity for the communities’ voices to be heard was lost. Braintree District Council did not have sight of the SDO prior to it being laid and will be reviewing its content and considering any implications arising from it. “We still oppose the use of the site for the purposes of asylum accommodation, for the many reasons we have outlined before including its isolated location, scale of development and lack of capacity in local services. With the site in operation, we continue to share and raise feedback from the community with the Home Office and work alongside partner agencies to ensure that the needs of residents, both local people and those living at the site, are met.” Following a review of occupancy capacity at Wethersfield site, the Home Office confirmed they have decided to cap the regular occupancy to a maximum of 800 service users from the original 1,700 to reduce impact on the local community. A monthly newsletter is published on the GOV website which provides updated accurate and factual information about the asylum accommodation centre. The latest update on the prison proposals can be found on the council webpage including the recent letter from the MoJ. We have received confirmation that our appeal against the decision of the High Court, where we challenged the Home Office’s decision to use the RAF Wethersfield site to house up to 1,700 asylum seekers, will take place on 11 and 12 June 2024. This will also be heard alongside other appeals brought by West Lindsey District Council for the RAF Scampton site and a resident from Wethersfield. We understand the Home Office still plan to extend the temporary use of the site for at least a further three years by seeking planning permission through a Special Development Order (SDO) when their emergency permitted development rights (known as Class Q) runs out in April. We understand this is progressing and we await to hear more. We were given the opportunity to provide our comments on this process where we raised various concerns over the lack of information provided and the failure to ensure meaningful engagement with stakeholders and the local community. With the site still in operation, we continue to maintain an open dialogue with the Home Office, whilst holding them to account and doing our best, working alongside partner agencies, to ensure that the needs of residents, both local people and those living at the site, are met. Braintree District Council has shared its view with the Home Office that its plans to seek planning permission for its asylum accommodation centre at Wethersfield airbase via a Special Development Order “runs against the spirit of national planning policy”. This comes as Braintree District Council was invited to provide its comments from the Home Office on their intention to obtain a Special Development Order (SDO) for the site and extend the temporary use of the site for a further three years. An SDO is a form of secondary legislation that grants planning permission for specific kinds of development in a particular area. The Home Office originally secured 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, something the council felt the Home Office could not rely on as a way of getting around the need for planning permission, which was legally challenged by the council. The response reiterates the council’s overall concerns about the SDO process, with a lack of information provided and inadequate time of seven working days to provide comments on a complex process, failing to ensure meaningful engagement. Bypassing the local planning system and depriving the local community, residents and stakeholders of the opportunity to engage and express valid concerns has also been raised, with the fact their input should be “permitted and enabled”. A lack of information and communication to the public has also been criticised, stating it is a “key failure of the SDO process”, namely on the Home Office’s Environmental Impact Assessment (EIA) screening direction for the site and reassurances that habitats regulations, contamination and environmental impacts are being addressed appropriately. The response references the council’s adopted Local Plan and development in Wethersfield, that states ‘in order to protect the intrinsic beauty of the countryside, development here is normally restricted to that which supports countryside uses’, as well as the work of local residents to bring forward a joint neighbourhood plan for Wethersfield and Finchingfield, which will form part of the council’s development plan. Impacts of the development have also been raised in relation to heritage, noise, transport, lighting and habitats. Councillor Graham Butland, Leader of Braintree District Council, said: “We continue to have concerns over the complete lack of transparency and limited information being provided by the Home Office both to stakeholders and the local community on the development and the SDO process, and we’ve used this opportunity to reiterate this formally. They’ve also bypassed us as the local planning authority, as well as local residents, on the opportunity to engage and express their views which runs against the spirit of national planning policy. “With the site still in operation, we continue to maintain an open dialogue and collaboration with the Home Office whilst holding them to account and doing our best to ensure that the needs of residents, both local people and those living at the site, are met.” Braintree District Council’s response can be viewed on its website at www.braintree.gov.uk/wethersfieldairfield. Braintree District Council have shared their disappointment after the High Court’s decision that the Home Office acted lawfully in its decision to use RAF Wethersfield for accommodation of up to 1,700 asylum seekers. The Judicial Review took place over a two-day hearing on 31 October and 1 November which Braintree District Council pursued to challenge the Home Office in their decision to use the RAF Wethersfield site. This had been given permission to proceed in July by Mrs Justice Thornton, to challenge the Home Office’s reliance on the use of permitted development rights (known as Class Q) and the environmental impact assessment screening direction, as well as their compliance with equality regulations. Mrs Justice Thornton considered arguments from both Braintree District Council and the Home Office, alongside another legal challenge by a resident from Wethersfield and West Lindsey District Council for the RAF Scampton site. Braintree District Council has requested permission from the High Court to appeal the decision and awaits to hear more if this is granted or not. Cllr Graham Butland, Leader of Braintree District Council, said: “We have worked since March to make a strong case to the court that the Home Office acted unlawfully when making the decision to use RAF Wethersfield to house asylum seekers. We are of course disappointed with this outcome after months of work to present our case and evidence as we still believe it isn’t an appropriate site for a development of this scale given its remote location and the lack of capacity in local services. It was important for us to challenge this decision but we have to respect the judgement of the court and I am grateful for the support of residents, MP’s, businesses and communities throughout the process. Whilst we have initially appealed the decision, we will take some time to reflect on the decision and consider the council’s position. Meanwhile we will continue with our duty of care to support asylum seekers on site and helping to minimise impact on our local communities whilst the site is being utilised for this purpose.” In July, Braintree District Council was given permission to pursue a judicial review which took place at the High Court over a two-day hearing on Tuesday 31st October and Wednesday 1st November. This was alongside another legal challenge by a resident from Wethersfield and West Lindsey District Council for the RAF Scampton site. Mrs Justice Thornton considered arguments from both parties, with Braintree District Council challenging the Home Office on their reliance of the use of permitted development rights (Class Q), the Environmental Impact Assessment screening direction and compliance with the Equality Impact Assessment. Since the decision was taken by the Home Office to use the site to house asylum seekers, Braintree District Council has used legal routes to challenge the decision. Cllr Graham Butland, Leader of Braintree District Council, said: “We will have to wait a little while longer to get a final decision on the Judicial Review challenge which we were pleased to secure permission for, implying the High Court felt the Council had an arguable case, and that there were key issues that needed to be fully considered. “From the moment the decision to use RAF Wethersfield as an asylum accommodation centre was made, the Council have been clear that this is not a suitable site for this purpose and the Home Office has failed to secure appropriate planning permission or adequately assess the impact of their proposals. “The Judicial Review provided us with an opportunity to challenge these points and present this to the court, with the hope of a successful outcome, as it’s important to us to not only represent the views and concerns of the local community but to hold the government to account when we believe breaches of regulations have taken place.” The High Court has confirmed that the Judicial Review hearing of our challenge against the Home Office’s decision to use the RAF Wethersfield site to house up to 1,700 asylum seekers will take place on 31st October and 1st November 2023. The hearing will also include the other judicial reviews from West Lindsey District Council for the RAF Scampton site and a resident from Wethersfield. This will provide us with an opportunity to fully put our views and the views of our local community to the court, supported by our respective evidence. We still believe Wethersfield Airfield is not a suitable site for these plans and the Home Office has failed to follow due progress in reaching its decision to use the site. Although there is ongoing legal action, this doesn’t stop the Home Office from progressing with their plans at the Wethersfield site, and we understand from the end of last week there were 94 asylum seekers on site, and this will gradually increase over time. All multi-agency partners will continue to not only provide support where needed for all asylum seekers coming into our district, but also for the wider local community too. The Home Office has advised us they will continue to keep their online factsheet updated to inform the community about the latest information and developments relating to the site and answer the communities' questions and their monthly community newsletter . Residents can also visit our web page for links to Home Office information relating to the Wethersfield site and contact details. Please know that we will continue to push for clarification on any issues or concerns as they arise and that community engagement is prioritised as the site develops. Braintree District Council's judicial review permission application against an asylum centre on the former Wethersfield airbase will go to a final hearing. Council leader Cllr Graham Butland said: “Our Judicial Review permission hearing was heard at the High Court this week on 12 and 13 July, giving the council the opportunity to further challenge the Class Q point and the failures of the Home Office to take into account a range of issues as part of their decision to use the site for accommodation of up to 1,700 asylum seekers. “This was also heard alongside the other judicial reviews from West Lindsey District Council for the RAF Scampton site and a resident from Wethersfield. “We are pleased that Lady Justice Thornton granted us permission to proceed with our Judicial Review on the following challenges: “We are grateful to have had another opportunity to put our views and the views of our local community across to the High Court at this initial stage, as we still believe Wethersfield Airfield is not a suitable site for these plans. “The case will now proceed to a final hearing. This will be the Council’s opportunity to formally present its challenge under the grounds on which we have been granted permission and will allow for evidence to be presented to the Court. The final hearing will be subject to the Court’s normal case management process and at this stage, we do not know when the matter would be listed for a final hearing, but we will update residents when we know more. “This does not stop the Home Office from utilising the site to house asylum seekers in the meantime and we are aware that an initial group of 46 individuals moved onto the site this week and more expected over the coming weeks. “Again we’ll continue to work closely with the Home Office and multi-agency partners to ensure there is minimal impact on all those involved residents that live nearby and local services, as well as raising our concerns with the Home Office so it can put in place mitigating action, whilst supporting asylum seekers coming to our district. “We will also continue to push for regular, open and transparent engagement with the wider community, which to date we feel has been lacking and creating frustrations quite rightly for our residents and businesses who have been left with a void of information.” Braintree District Council's judicial review permission hearing against the use of Wethersfield airfield as an asylum centre is underway. Cllr Graham Butland, leader of Braintree District Council, said: “Yesterday and today (July 12 and 13) our Judicial Review permission hearing was heard at the High Court, which gave the council the opportunity to further challenge the Class Q point and the failures of the Home Office to take into account a range of issues as part of their decision to use the site for accommodation of up to 1,700 asylum seekers. This was also heard alongside the other judicial reviews from West Lindsey District Council for the RAF Scampton site and a resident from Wethersfield. “This challenge was on eight grounds, which includes a challenge to the Home Office proposed use and proposed development, and the need for planning permission to have been obtained and the Home Office failure to take a range of matters into account as part of their decision making process, including the conflict with the Local Plan, health care, traffic implications and wastewater. “Lady Justice Thornton has reserved judgement and indicated that she will deliver her decision tomorrow morning. “Again we are pleased to have had another opportunity to put our views and the views of our local community across to the High Court. “Meanwhile, this does not stop the Home Office from utilising the site to house asylum seekers and we are aware that an initial group of 46 was moved onto the site on Wednesday 12 July. “We are still very much of the opinion that Wethersfield Airfield is not a suitable site for these plans and we’ll continue to work closely with the Home Office and multi-agency partners to ensure there is minimal impact on all those involved residents that live nearby and local services.” We are aware that the first cohort of 46 asylum seekers have arrived at the Wethersfield Airfield site today (July 12) with more arriving over the coming weeks. The Home Office has informed us and partners that they will continue to monitor the situation and to ensure the site is running smoothly and safely. We will continue to work closely with our multi-agency partners to make sure we not only provide support to asylum seekers coming in our district but minimising any negative impacts and concerns to support the wider local community too. There remain many pressing matters that need addressing by the Home Office and these were set out in an open letter to Robert Jenrick on Monday which you can read here: www.braintree.gov.uk/wethersfieldairfield. We will continue to push for clarification on these points. Even with the site now being operational, it doesn’t mean that engagement is over. Please be assured we will continue to raise concerns and questions to the Home Office to ensure local voices are heard and continue encouraging the Home Office and the site provider to engage directly with the wider community. For any queries or concerns the local community may have regarding the site, the Home Office have advised people can contact them by emailing public.enquiries@homeoffice.gov.uk. The first group of asylum seekers will move onto Wethersfield airfield this month, says the Home Office. Councillor Graham Butland, leader of Braintree District Council, said: "We are aware that the first cohort of asylum seekers will not be housed at the Wethersfield Airfield site any earlier than 11 July. We are yet to receive confirmation on an exact date from the Home Office. “Over the past few months, we have continuously raised the various pressing issues we have in relation to these plans, alongside partners and the community, and we still feel there are many that still need addressing and clarifying, in particular in relation to community engagement and funding. These concerns have been set out in an open letter I have sent to the Home Office today. View the letter. “This also includes delivery challenges, operational plans for the site with clear timescales, transport and vehicle movement and criteria for the funding being issued to local authorities. “We are supportive of welcoming asylum seekers into our district and providing them with the support they need, however we are still very much of the view that the airbase is not a suitable site, for the many reasons we’ve outlined before: www.braintree.gov.uk/wethersfieldairfield. “We are still proceeding with our judicial review permission hearing this week on 12th and 13th July which we hope will give an opportunity to further challenge the Class Q point and the Home Office’s decision to use the site for this purpose. The judicial review is on eight grounds, which includes a challenge to the Home Office proposed use and proposed development, and the need for planning permission to have been obtained. It also includes challenges against the Home Office failure to take a range of matters into account as part of their decision making process, including the conflict with the Local Plan, health care, traffic implications and wastewater. “This hearing will determine whether the three judicial reviews (Braintree District Council’s, West Lindsey District Council's and a resident from Wethersfield) are granted permission to proceed. “There are currently no restrictions that prevent the Home Office from proceeding with their plans. “We do not know when we will expect a decision on whether we can proceed but will update residents when we know more. If permission is granted, the case will then proceed to a final hearing. This will be the Council’s opportunity to formally present its challenge under the eight grounds and will allow for evidence to be presented to the Court. The matters will be subject to the courts normal case management, and at this stage, we do not know when the matter would be listed for a final hearing. “The Council, alongside multi-agency partners, continue to meet regularly and work to push the Home Office on these points. We absolutely appreciate the significant challenges central government are seeking to address in terms of high arrival numbers, however we still need clarification on a range of issues. It is clear there are increasing concerns from the public about these plans and I fully understand the frustration that there is still the continued lack of information and unanswered questions from the Home Office. Partners will continue to work closely together to support asylum seekers accommodated and help to minimise any impacts on our local communities. “We understand the Home Office will be updating their online factsheet with the latest information and updates which people can view here: https://www.gov.uk/government/publications/asylum-accommodation-factsheets/factsheet-mod-wethersfield-asylum-accommodation-accessible . “We have also been pushing for a dedicated contact so that the community can raise questions and concerns directly with the Home Office. We are continuing to push for this but in the meantime, they have advised people can contact them by emailing public.enquiries@homeoffice.gov.uk.” Braintree District Council's appeal against the usage of Wethersfield Airfield as an asylum centre has been dismissed. "Today (Friday 23 June) we received the Court of Appeal’s judgement on our appeal against the High Court’s decision to not grant us with an injunction to stop the Home Office’s proposals to provide accommodation for asylum seekers at Wethersfield Airfield, and their decision that the Home Office could rely on the use of permitted development rights (Class Q) as a way of getting around the need for planning permission. "The Rt Hon Sir Keith Lindblom has unfortunately decided to dismiss our appeal. In doing so the Court of Appeal has determined not to grant us with an injunction and have decided not to determine the Class Q point. We are extremely disappointed with this outcome. We are particularly disappointed on the Court of Appeal’s refusal to provide a definitive answer on the interpretation of the wording contained within Class Q, despite being invited by all the parties to do so, and Mr Justice Waksman’s recognition that the interpretation of this point was one of national importance. "We will be proceeding with our judicial review permission hearing next month, which further challenges the Home Office’s decision to use the site for this purpose. A Judicial Review requires permission from the Court and this hearing will determine whether the three judicial reviews (ours, West Lindsey District Council and a resident from Wethersfield) are granted permission to proceed with the judicial reviews. If permission is granted, the case will then go to a final hearing which would give an opportunity for us to further seek clarification on the interpretation of Class Q in the judicial review. Unsuitable "We continue to stand behind the community on the fact that the site is unsuitable for these plans and we are doing all we can through legal routes to prevent it from going ahead. This is all whilst we are continuing to work with our partners to mobilise should the plans progress, to support asylum seekers accommodated and ensure minimal impact on all those involved. "There are still many pressing issues that we feel need addressing from the Home Office around transport and vehicle movement, impact on road infrastructure, security and safety, and lack of operational plans for the site with clear timescales and funding. There is frustration with the lack of information and unanswered questions and rightly so, and we are working hard behind the scenes to press the Home Office for more information and for them to actively engage with the local community. We have been and will continue to raise the concerns and feedback coming from residents, local businesses, parish councils and community groups with the Home Office to ensure local voices and concerns are heard. "In the meantime, the Home Office, this week, have confirmed that they will not be looking to accommodate anyone on the Wethersfield site before 11 July. "We will of course continue to keep the community updated and update our webpage with any new information. "Thank you to those who have worked with us and supported us throughout this process so far." A decision on Braintree District Council's appeal against Home Office plans to turn the former airbase at Wethersfield are due imminently, the Council understands. “We understand that residents and businesses remain anxious to know more regarding the Home Office’s plans to accommodate 1,700 single adult male asylum seekers at Wethersfield Airfield. “We are still awaiting a decision on our appeal which was heard at the Court of Appeal on June 12. This was our appeal against the High Court’s decision about the interpretation of Class Q and the refusal to grant the Council an injunction to stop the Home Office’s proposals to provide accommodation for asylum seekers at Wethersfield Airfield. We will update residents once we know more. “Yesterday the Home Office informed us that they have amended their Wethersfield Factsheet. “We understand surveying work is still ongoing on the site, and physical works to mobilise the site will begin shortly. The Home Office can continue preparing the site whilst legal proceedings are ongoing. “We know there are still many unanswered questions and please know that we, alongside our partners, are doing all we can to get definitive answers and clarity around the proposals from the Home Office, whilst continuing to raise concerns shared by the community. “We have been insisting that they engage proactively with residents, stakeholders, businesses, parish councils and community groups.” A statement from our Leader Cllr Graham Butland on Wethersfield Airfield. Today our appeal against the High Court’s decision regarding the interpretation of Class Q and the refusal to grant the Council an injunction to stop the Home Office’s proposals to provide accommodation for asylum seekers at Wethersfield Airfield was heard at the High Court. This challenged the Home Office’s reliance on the use of permitted development rights (Class Q) as a way of getting around the need for planning permission. We had sought to obtain an injunction to restrain them from using the site for this purpose. The Rt Hon Sir Keith Lindblom reserved judgement which means a decision will be given at a future date. He said he hopes to deliver a judgement in as shorter time as possible. We are pleased to have had the opportunity to put our views and the views of our local community in front of the Judge, continuing to support the community to restrain the Home Office from going ahead with these proposals. We believe Wethersfield Airfield is an unsuitable site for the Home Office’s plans to house 1,700 asylum seekers, given the lack of capacity in local services, its isolated location, the size of the site, and the fact that the scale of the development proposed could have an impact upon the local community. As always, we will continue to keep residents informed when we know more. Thank you again to residents, businesses, community groups, MP’s and parish councils for working with us throughout this process so far. In the Wethersfield Airfield case, the Home Office have reliance on certain permitted development rights conferred by Class Q, Part 19, Schedule 2 under the General Permitted Development Order 1995. This deals with development by the Crown or for national security purposes. Within that, Class Q addresses development by the Crown relating to an emergency.
26 June 2025 - Home Office notifies council of temporary capacity increase plan for Wethersfield asylum centre
Where would the new occupants come from?
7 February 2025 - Home Office notifies council Special Development Order conditions fulfilled for Wethersfield asylum centre
30 May 2024 - Special Development Order for Wethersfield airfield means legal challenge “no longer expedient”
22 March 2024 - Government confirms its plans for the ongoing use of Wethersfield Airfield
13 March 2024 - Date set for Wethersfield asylum centre judicial review appeal
30 January 2024 - Home Office Special Development Order process for Wethersfield asylum accommodation "runs against the spirit of national planning policy" claims council
6 December 2023 - Braintree District Council disappointed in judicial review decision over RAF Wethersfield asylum accommodation
1 November 2023 - High Court reserves judgement on judicial review for RAF Wethersfield asylum accommodation
1 September 2023 - Wethersfield asylum centre Judicial Review hearing date set
14 July 2023 - Wethersfield Airfield Judicial Review to proceed to final hearing
13 July 2023 - Wethersfield Airfield Judicial Review permission hearing held at High Court
12 July 2023 - First asylum seekers arrive at Wethersfield Airfield site
10 July 2023 - Home Office says first asylum seekers due at Wethersfield this month
23 June 2023 - Wethersfield asylum centre injunction appeal dismissed
Cllr Graham Butland, leader of Braintree District Council, said:
"We now need to reflect on the detail contained within the judgement and consider the council’s position. 21 June 2023 - Decision awaited on Wethersfield asylum centre injunction appeal
Cllr Graham Butland, leader of Braintree District Council, said:12 June 2023 - Appeal against Wethersfield asylum centre injunction ruling heard
Our previous statements on this situation can be found at www.braintree.gov.uk/wethersfieldairfield.