Council Rules Out Further Legal Action Over Crowborough Army Camp Asylum Plans

Wealden District Council has confirmed it will not pursue any further legal action over the Government’s decision to house asylum seekers at Crowborough Army Camp.

More than 500 male asylum seekers are set to be accommodated at the East Sussex site under plans announced last year by the Home Office.

The council took part in a High Court case last week as an interested party, but the claim — brought by campaign group Crowborough Shield — was rejected by a judge at the High Court.

Following the ruling, the council said legal advice from its King’s Counsel team indicated that any fresh action would be unlikely to succeed.

It added that launching a new judicial review would “achieve nothing of practical value” and could risk wasting taxpayers’ money.

Council leader James Partridge described the outcome as a “major disappointment” but said it would be wrong not to be transparent about the legal advice received.

The authority said it had been advised that while there may have been “arguable errors of law” in environmental assessments, ministers are expected to correct those issues before any further claim could be made.

Even if a legal challenge were successful, it would likely result only in the Home Office re-taking its decision, potentially prolonging the site’s use.

Lawyers also told the council they had found no legal argument capable of preventing the Home Secretary from using the camp for asylum accommodation in principle.

The Government used emergency planning powers — known as Class Q permitted development rights — to change the use of the site without going through the usual planning process.

The council said it had been advised there was no solid basis to challenge the refusal to allow planning enforcement action.

Legal advice suggested that a High Court challenge arguing there was “no emergency” to justify the use of those powers would have little or no prospect of success, despite similar arguments succeeding in previous cases.

Unlike local campaigners, the council would not be protected by the Aarhus costs cap, which limits how much individuals and community groups can be ordered to pay in environmental legal disputes under the Aarhus Convention.

As a public body, the council could face an uncapped legal bill.

Mr Partridge said:

“We all wanted to stop the Home Office as this camp is good for no-one. The Home Office has failed Crowborough.

“But to keep fighting a legal challenge that is doomed to fail helps nobody. Throwing good money after bad is simply wrong.

“We must all now turn our attention to making sure that everyone feels safe and secure.

“We will continue to press the Home Office to do their job properly and to engage better with us all.”

Crowborough Shield has until Wednesday to raise the remaining funds needed to continue its renewed judicial review bid.

In a statement on social media, the group described the council’s decision as disappointing and said it would seek to obtain the full facts before deciding its next steps.

The Home Office has been approached for comment.