Decision not to seek judicial review on asylum seeker accommodation questioned
It has been revealed that the planning appeal that led to permission for a former university halls of residents to be turned into asylum seeker accommodation has cost Stafford Borough Council more than £50,000.
The authority refused to grant planning permission for the change of use of Stafford Court, but Serco won an appeal against this decision following a public inquiry.
Stafford’s MP Theo Clarke, who has also been involved in opposing the plans, called on the council to seek a judicial review of the decision made by the Planning Inspectorate.
But the council ruled out the move after receiving legal advice that it would not succeed.
Councillor Frances Beatty questioned the decision not to seek a judicial review at Tuesday’s full council meeting.
She also commended the work being done by members of Stafford Welcomes Refugees to support those already being given temporary accommodation in the town.
She said: “Will the leader indicate what weight was given in this decision to elements like the impact on residents of the borough, the impact on local services like the health service and whether this location is indeed an appropriate location, particularly given what Stafford Borough is already doing elsewhere to house those seeking asylum and the volumes to be housed in one concentrated location?
“Launching a Judicial Review would at least delay the arrival of asylum seekers and show government very clearly how Stafford Borough feel about these proposals and give them time to review whether it is indeed an appropriate location, something that the local Member of Parliament, Theo Clarke, has also been calling for.”
Councillor Mark Winnington said: “I went to the original planning meeting which was quite charged and emotional as a lot of residents were there and were upset about this proposal.
"Does the leader feel that we should consider those residents and owe them at least a go at a judicial review?”
Council leader Aidan Godfrey said: “It’s very clear from the opinion of the planning law experts that there is no way at all that the judicial review would be successful.
"In all circumstances of this case there are no reasonable prospects at all of a successful application for statutory judicial review.
“It would be a waste of council tax money in these financially tight times and it would also be a very expensive way to delay a decision that would definitely go against us.
“Please also remember that we would be liable for the legal costs incurred by the Home Office and Serco.
"This would be many thousands of pounds and would leave us with a lot less money to spend on residents’ concerns.
“Stafford Borough Council has already spent over £50,000 in the inquiry process and this does not include officer time.
"If anybody else would like to ask for a judicial review they can, but I would strongly recommend they read the legal opinion received.”
Councillor Godfrey added that he was aware that two other councils had applied for judicial reviews into decisions on asylum seeker accommodation, but their circumstances were different to those in Stafford.
He said: “In these cases the Government claimed permitted development rights, so they claimed they did not need to apply for planning permission.
“In Stafford’s case the Government did apply for planning permission, and this was granted by HM Inspectorate, so Stafford cannot use the same reason for a judicial review.
"Stafford Borough Council investigated all the options and arguments against siting of the centre in Beaconside.
“My hope is we can all work together for the wellbeing of all our residents; we will listen to residents’ concerns and respond as quickly as possible.
"We will be lobbying hard to secure greater funding for services for our residents and we will make sure that everybody is informed as to what is happening.”
