Bibby Stockholm: Dorset Council powerless to block migrant barge, court told

The barge arrived at Portland in July 2023

A council did not have the power to block a migrant barge's arrival because of its location in the sea, the High Court has heard.

The mayor of Portland, where the Bibby Stockholm is based, has brought a case against Dorset Council over the 222-home barge being based in her town.

She has argued the authority was wrong to decide in July 2023 not to consider using its planning enforcement powers.

But the authority's lawyers called her case "absurd and unworkable".

Lawyers for Portland mayor Carralyn Parkes, who is bringing her case in a personal capacity, said she was "deeply concerned" about the barge housing migrants and wanted a judge to order the council to reconsider its position.

Penelope Nevill, representing Ms Parkes at the hearing in London, said Dorset Council had reached an "erroneous" view that the "stationing and use of the Bibby Stockholm barge is outside the area within which it can exercise its planning powers".

The legal action has been brought by the Mayor of Portland, Carralyn Parkes

In written arguments, Ms Parkes's legal team said the Bibby Stockholm was "integrated into the local community, rather than being 'out to sea"', with the law allowing the council to take action when it is "in the public interest" and where a development could have a "substantial impact" locally.

The Home Office and Department for Levelling Up, Housing and Communities, are taking part in the hearing as interested parties.

They back the council's position, arguing the case should be dismissed.

The Government has spent around £9.2 million on using the barge, with 315 people living there as of January 9 this year, Home Office lawyers told the court.

Richard Wald KC, representing the council, said in written arguments that Ms Parkes's case was "absurd and unworkable".

There has been considerable local opposition to the barge coming to Portland

"Planning law simply doesn't extend below the mean low water mark, whether that be in a bay, harbour or anywhere else," he said.

He said "the seabed over which the Bibby Stockholm floats is not 'land"', and that Ms Parkes's lawyers had failed to show that Portland Harbour comes within the boundaries of Dorset.

The barge, chartered by the government for 18 months, arrived at the port in July.

It has since been hit by problems, delays and disputes, including the discovery of dangerous bacteria last summer that led to an evacuation, with it lying empty for two months.

An inquest is also ongoing into the death of one asylum seeker thought to have taken his own life while living on board.

The hearing before Mr Justice Holgate is due to conclude on Thursday, with a ruling expected at a later date.

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