East Lindsey District Council

East Lindsey District Council has formally submitted a pre-action letter to the Home Office, indicating it is considering pursuing a Judicial Review to prevent the Home Office from continuing to promote the unlawful use of hotels in Skegness as hostels for those seeking asylum.

The Council’s letter argues the Home Office has persistently, repeatedly and unlawfully encouraged and procured breaches of planning control by instructing SERCO Group Plc, to purchase hotel accommodation in Skegness for those seeking asylum in the United Kingdom.

The Council’s case is that the use the Home Office is encouraging is a material change of use which requires planning permission, which has not been applied for or obtained.

The letter states: “Those unauthorised changes of use have caused substantial harm.”

The Council, while monitoring successful legal action obtained by Great Yarmouth Borough Council, has been trying to seek an assurance from the Home Secretary, Suella Braverman MP, and the Minister of State for Immigration, Robert Jenrick MP, that the Home Office will not procure the use of any more hotels as hostels for asylum seekers in Skegness or East Lindsey as a whole.

Both have failed to give those assurances and now the Council has taken the first step towards potentially triggering legal action to prevent further harm. 

The Council says that any more changes of use of this kind should be subject to an application for planning permission.

To date, five hotels in the prime tourist area of Skegness have been procured for hostel use without the grant of planning permission.

The harm that has been caused by the Home Office’s policy is to deplete Skegness’s stock of hotel accommodation for tourists and harm its reputation as a family resort.

The harm that has been, and will continue to be, caused to Skegness’s hotel sector and its tourism economy more generally directly conflicts with the policy SP19 of the adopted Local Plan for Coastal East Lindsey, which specifically aims to boost tourism and restrict the loss of hotels to other uses.

In addition, the Home Office’s failure to consult with the Council and its partners has placed a substantial and potentially unsustainable burden on providers of primary healthcare in Skegness as well as beginning to undermine social cohesion.

Cllr Craig Leyland, Leader of East Lindsey District Council, said: “Skegness is the fourth most visited coastal resort in the UK. It depends on maintaining a thriving tourism economy driven by holidaymakers and people who choose to holiday in the town and on day trippers. 

“The unlawful use of hotels as hostels, which goes against planning policy, is depleting the supply of accommodation on offer for tourists and this use is not helping our reputation as a family holiday resort which is a vital part of the local economy.  

“We understand the national pressures faced by the Home Office in finding suitable accommodation for those seeking asylum in the UK but we call for a halt to the procurement of any more hotels in Skegness and wider East Lindsey.

“This pre-action letter indicates the Council’s intentions to seek a Judicial Review if the Home Office will not agree to stop purchasing more hotels for hostel use unless it is authorised by the grant of planning permission.”

Matt Warman, MP for Boston and Skegness, said: “I have repeatedly urged the Prime Minister, the Home Secretary and the Immigration Minister to end the use of tourist hotels in Skegness to accommodate people seeking asylum. As I said recently at a public meeting in Skegness, it is unacceptable and wholly inappropriate.

“I have been clear throughout on my three ‘asks’ of Government – deter people from making journeys across the channel in the first place, process people more quickly and look at alternative forms of accommodation to the inappropriate use of hotels needed for tourism.

“Britain is an immensely compassionate country but we need to address the issue of asylum seekers coming in such numbers. It’s right that we’re now working more closely with France to stop people making perilous voyages. It’s right that we are imposing tougher penalties for the criminal people smugglers who exploit the vulnerable, including life imprisonment.

“It’s right that we have done a new deal with Albania to make sure we return those from that country who do not qualify as rapidly as possible.

“I will continue to press the point that these hotels are needed to support our local tourism economy and offer my full support to ELDC in bringing this legal challenge.”

The Secretary of State will now have time to consider East Lindsey District Council’s letter which calls for the Home Office to engage with the Council to agree a resolution as an alternative to a claim for Judicial Review.

East Lindsey District Council is preparing to formally submit revised plans for the redevelopment of Sutton on Sea Colonnade and Pleasure Gardens.

The amended plans conclude a detailed process of consultation and engagement with lead partners on the technical design elements, to ensure that the proposed development can be delivered in such a way that it complements both the Government’s Levelling Up agenda around economic growth, as well as ensuring the future standard of community safety provided by the sea defences.

The plans introduce an additional 16 metre clearance between the new landmark multi-use pavilion, seasonal overnight lodges and the promenade while maintaining all the key designs from the original proposal.

The project, which is part of the Connected Coast Town Deal and has been approved by the government for Town Deal funding, now includes a new 3m-wide bridge link connecting the promenade to the new buildings while maintaining access to the seafront. Sixteen day-let beach huts will remain, as originally planned, on the promenade.

Additional amendments also see the removal of 21 undercroft kiosk spaces, the inclusion of a Changing Places Toilet and a first floor viewing platform within the main pavilion and two new craft studios beneath the overnight lodges.

The application will also set out how the Pleasure Gardens area will be enhanced to create new sensory play facilities for children, additional seating areas and space for pop-up events and markets.

The design also includes enhanced planting and community gardens, a new dunes landscape and additional walkways. The scheme also ensures the retention and protection of the popular paddling pool, anchor water feature and tennis courts.

Cllr Steve Kirk, Portfolio Holder for the Coastal Economy, said: “We have long since established our aspirations for the redevelopment and reinvigoration of Sutton on Sea’s historic Colonnade and Pleasure Gardens, in consultation with local communities.

“Our long and detailed negotiations with the Environment Agency have now brought us a vital step closer to seeking consent for the proposed scheme and bringing the construction works to reality in early 2023. These negotiations have been pivotal to ensuring the new Colonnade doesn’t negatively impact the vital function and integrity of the adjacent sea defences.

“Our full business case for the Colonnade project has been welcomed and accepted by HM Government and subject to planning approval, we look forward to delivering the works, with the support of all our lead partners.”

Cllr Martin Foster, the council’s champion for the Colonnade project, said: “By working with our partners we have been able to come up with a scheme that still protects our flood defences while keeping the original design elements the council first proposed in its business case.

“Subject to planning approval, this modern development will be a game changer to Sutton on Sea. It will bring investment, new opportunities and facilities for both residents, day visitors and holiday makers who enjoy everything Sutton on Sea has to offer.”

Claire Draper, Vice Chair of Connected Coast, commented: “Through partnership working we have developed these modern and aspirational designs which reflect the ambition for the Colonnade whilst maintaining the vital flood defences.

“With these designs and the Town Deal funding, we have the opportunity to bring a development that will be transformative for Sutton on Sea.”

The Environment Agency has provided advice and guidance to East Lindsey District Council to ensure the project is sustainable.

Area Coastal Manager for the Environment Agency, Deborah Campbell BEM, said: “Flood risk needs to be at the heart of decision making by local authorities to help maintain a thriving community and improve resilience against flood risk and climate change impacts expected in the future

“This has been a great example of partnership working in action and shaped the revised plan for the Colonnade and Pleasure Gardens to be more sustainable in response to rising sea levels.

“The ARCC (Adaptive and Resilient Coastal and Communities) project, which is part of the Lincolnshire Flood Risk and Water Management program of works, will agree the likely expected climate change impacts. It will also consider how local ambition for growth and prosperity can be delivered to accommodate these Climate Change impacts and ultimately secure the funding to deliver the necessary infrastructure.

“The Environment Agency has committed to develop this publicly consulted Adaptation Strategy alongside East Lindsey District Council, Lincolnshire County Council and the University of Lincoln.”

The Sutton on Sea Colonnade project has an estimated capital build cost of £6.2million, with £4.2million confirmed through the Towns Fund. The build programme remains on schedule for completion by Easter 2024 as outlined in the full business case, which was formally approved by HM Government in August 2022.

The plans are due to be formally submitted for planning consent in the coming weeks.