Final verdict on ‘legality’ of Bibby Stockholm barge to come next week

Dorset Council to meet the Mayor of Portland at the High Court

Author: Jamie GuerraPublished 22nd Feb 2024
Last updated 22nd Feb 2024

The Mayor of Portland will take on Dorset Council in High Court next week to discuss the legality of the Bibby Stockholm barge.

On February 29th, The High Court will be deciding whether Dorset Council has the power to enforce planning authority over the Bibby Stockholm barge.

A previous case to try and declare the barge ‘unlawful’ was put against The Home Office but ultimately ruled out as the clamant ‘did not have an arguable case’.

Carralyn Parkes, a local resident and Mayor of Portland, told us: “The judge implied that we had the wrong defendants and that we should go for Dorset Council.

“The Home Secretary was acting as a developer and if a developer were to circumvent planning regulations, it was a local authority to enforce those regulations.”

Subsequently, Mrs Parkes launched a second lawsuit, in a personal capacity, this time against the local authority, arguing that ‘the boundaries of Dorset Council include Portland Harbour’.

In the claim, Mrs Parkes states harbours are more similar to rivers, bays or inland lakes, all of which are subject to planning control, than they are the open sea therefore local authorities ‘should have a say in what happens there’.

She said: “They could’ve been more robust regarding planning and even if you take away ‘the watermark’ argument they’re presenting, there's been all sorts of work done on dry land that are part of Dorset Council's responsibility for planning.”

Mrs Parkes believes the purpose of the planning legislation is to “manage the impact on the local community,” which she feels has not been achieved.

“I have to be honest, though, it is with the absolute utter reluctance that I take this action,” she added. “In some respects, I view them as much victims of what's happened with the Bibby Stockholm as everybody else. However, it is here and, in my opinion, they have a responsibility to enforce the law.”

A Dorset Council spokesperson replied: “Dorset Council maintains its position that the Bibby Stockholm falls outside of its planning jurisdiction.

“The council is still very disappointed at Ms Parkes’ decision to issue a judicial review proceedings claim against us, which simply forces the council to incur further costs to local taxpayers – funds which, in a challenging budget situation, should be used to deliver services for the people of Dorset.”

Meanwhile, around 400 asylum seekers are currently living on the Bibby Stockholm barge at Portland Port whilst their claims are processed by the Home Office.

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