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Asylum seeker barracks plans could face further delays

LONDON – The UK Home Office's strategy to move asylum seekers out of costly hotels and into large-scale accommodation sites has hit a significant regulatory hurdle in Scotland. Plans to utilise Cameron Barracks in Inverness could face substantial delays, as senior Scottish politicians argue the project is subject to local planning laws, a development that could have national implications for the government's contentious immigration policy.

The intervention by Members of the Scottish Parliament (MSPs) Fergus Ewing, of the governing Scottish National Party, and Edward Mountain, a Conservative, has shifted the focus from a national directive to a question of local authority and devolved powers. They contend that any use of the military site as an asylum hostel for a period exceeding six months constitutes a "change of use" under Scottish law, thereby requiring a formal planning application to be submitted and approved by the Highland Council.

This procedural challenge introduces a new layer of complexity and potential delay to a cornerstone of the government's plan to reduce the daily £8 million expenditure on hotel accommodation for asylum seekers. It places a local council at the centre of a national political firestorm, armed with the statutory power to scrutinise, and potentially reject, the Home Office's proposal.

The Core Legal and Planning Issue

The crux of the matter lies in the distinct nature of planning law in Scotland, which is a devolved power managed by the Scottish Parliament and administered by local authorities.

• Change of Use Doctrine: Under the Town and Country Planning (Scotland) Act 1997, a material change in the use of land or buildings typically requires planning permission. MSPs Ewing and Mountain assert that converting a military barracks into long-term residential accommodation for asylum seekers clearly falls into this category.

• The Six-Month Threshold: The politicians have highlighted a critical timeframe. While temporary use might be permissible under certain conditions, they argue that using Cameron Barracks as a hostel for more than six months solidifies its status as a permanent change, legally obligating the Home Office to seek formal approval from the Highland Council.

• Local vs. Central Authority: This situation creates a jurisdictional clash. The Home Office, a UK-wide government department, is pursuing a national policy on Crown land (property owned by the state). However, the enforcement of planning regulations on that land falls to the local Scottish authority, creating a direct tension between central government ambition and local democratic oversight.

Context: A National Strategy Under Scrutiny

The plan for Cameron Barracks is not an isolated initiative. It is a key component of the Home Office's broader, and highly controversial, strategy to establish large-scale accommodation sites to end the use of hotels for asylum seekers awaiting decisions on their claims.

This policy has been driven by two primary factors:

• Fiscal Pressure: The government has repeatedly cited the unsustainable cost of housing tens of thousands of individuals in hotels across the country. Large, self-contained sites like barracks are presented as a more cost-effective solution, intended to reduce the strain on the public purse.

• Deterrence Policy: The move is also part of a wider political strategy aimed at deterring illegal Channel crossings. The government believes that providing basic, non-hotel accommodation will make the UK a less attractive destination for asylum seekers.

Other sites earmarked under this strategy include the Bibby Stockholm barge in Dorset and former RAF bases at Wethersfield in Essex and Scampton in Lincolnshire. Each of these has faced intense local opposition, legal challenges, and significant logistical setbacks, highlighting the immense difficulty in implementing the policy on the ground. The challenge in Inverness now adds a uniquely Scottish legal dimension to this ongoing national struggle.

Key Stakeholders and Their Positions

The developing situation at Cameron Barracks involves several key actors, each with distinct motivations and powers.

• The Home Office: Remains committed to its plan to reduce hotel use. It views the barracks as viable, state-owned assets that can be repurposed quickly. It must now decide whether to challenge the MSPs' legal interpretation, comply by submitting a planning application, or attempt to limit its use of the site to under six months.

• MSPs Fergus Ewing (SNP) & Edward Mountain (Conservative): In a rare show of cross-party unity, these senior politicians are championing local accountability. Their focus is not on the merits of the asylum policy itself, but on ensuring that the Home Office adheres to what they see as mandatory Scottish planning procedures. Their actions empower the local council.

• The Highland Council: The council is now in a pivotal, and potentially uncomfortable, position. If a planning application is submitted, it will have to assess the proposal based on established criteria, including the impact on local services, infrastructure, community cohesion, and the suitability of the site itself. This process would involve public consultation, giving a formal voice to local residents and businesses.

• The Scottish Government: As a devolved administration, the Scottish Government has long been critical of the UK's broader immigration and asylum policies. While planning is a local matter, it is likely to publicly support the Highland Council's right to exercise its statutory duties, reinforcing the principles of devolution.

Implications and The Path Forward

The assertion that Scottish planning law applies to Cameron Barracks has profound implications, extending beyond the Highlands.

First, it guarantees further delays. A formal planning application process is lengthy, often taking many months and involving detailed reports, public hearings, and the potential for appeals. This timeline is fundamentally at odds with the Home Office's desire for a rapid transition away from hotels.

Second, it introduces a significant element of uncertainty. There is no guarantee that a planning application would be successful. The Highland Council would be legally bound to consider all material planning considerations, and a refusal could force the Home Office to abandon the site entirely or face a protracted legal battle.

The immediate next step rests with the Home Office. It must publicly clarify its position on the planning requirements. Its decision will be a critical test case for the use of Crown land for controversial purposes in devolved nations. For the residents of Inverness and the officials at the Highland Council, it marks the beginning of a formal process that will determine the future of a historic local landmark and its role in a deeply divisive national policy.