Click here to view the original consultation document

Click here to view response from Finchingfield Parish Council

After the consultation period closed, the Ministry of Justice sent a request for a scoping opinion to Braintree District Council.

You can read that report here

You can read the replies from Wethersfield Parish Council here and from the SWAP chairman here

Essex County Council’s planning department responded to the Mega Prisons proposal in November 2021. Click below to download and read the full document

Part 1

Part 2

Some of you may have had a letter from the MoJ through your door telling us that they are still working out whether or not they will put in a planning application. An entire year has passed since they announced their plans, and the uncertainty continues for those affected.

Click here to see a copy

The Ministry of Justice will soon submit outline or full planning permission. We were told to expect this by Q2 of 2022. Please make sure you sign up to our newsletter so we can inform you when this happens and how you can comment on the application.

Link to High Court Judgement on Braintree District Council’s case against the Home Office (not the Appeal)

National Archives uploaded the High Court judgement provided by Judge Waksman on 21.4.23 regarding Braintree District Council’s case against the Home Office and the Ministry of Defence. If you do not want to read it all, go to the analysis and conclusion in pages 19-21.

Two issues:

Was BDC’s injunction valid

Was it an “emergency”

It was quite clear that the injunction would be struck out as it did not come via Section 296A of the Town & Country Planning Act 1990 which relates to Crown land (the Airbase is owned by the MoD). In that section consent for enforcement, ie an injunction, would have to be obtained from the “appropriate authority”, in this case, the MoD. No such consent was sought and quite frankly would the MoD have given consent for an injunction to be placed on the Home Office!

The judge clearly believed the asylum seeker situation was an emergency and therefore the Home Office could use the provisions of Class Q of Part 19 to Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015, which relate to

Development by or on behalf of the Crown on Crown land for the purposes of

(a) preventing an emergency;

(b) reducing, controlling or mitigating the effects of an emergency; or

(c) taking other action in connection with an emergency.

An “emergency” is defined in Class Q. Class Q does limit the time the Home Office can use the land to 12 months in such circumstances, unless it does something to enable it to stay longer – the Home Office’s counsel has stated that the Home Office will seek to do this at Wethersfield either by a planning application (likely to go to the Secretary of State) or a Special Development Order through Parliament. If by a planning application, it will have to start the process soon.

There is obviously more detail to the judgement and other background of interest, which you can read.

Equality Impact Assessment

Wethersfield EIA Screening Response

Item descriptionWethersfield EIA Screening Response Part 2

Item descriptionWethersfield Screening Request Letter

Investigation into Asylum Accommodation

NAO