Thornton J had granted permission to appeal on the basis that the importance of the case provided a compelling reason for an appeal to the Court of Appeal.

The case concerned the use of RAF Wethersfield by the Secretary of State for the Home Department as temporary accommodation for asylum seekers and in particular a negative EIA screening direction issued by officials from the Department of Levelling Up, Housing and Communities.  The main issue was whether DLUHC had lawfully assessed the environmental impacts of the “project”, both as to the definition of the project and potential cumulative effects.  

The judgment of Thornton J is summarised here.

The judgment is available in full here.

Richard Honey KC and Michael Rhimes acted for the Secretary of State for Levelling Up, Housing and Communities, the Second Defendant.

Charles Streeten acted for Secretary of State for Defence, an Interested Party.