Government needs planning permission to house asylum seekers at Barracks – MSPs

The UK Government would need to gain planning permission to use Cameron Barracks to house asylum seekers MSPs have said.

Independent MSP Fergus Ewing and Scottish Conservative MSP Edward Mountain have written to the Home Secretary Shabana Mahmood as they claim the UK Government cannot use the Cameron Barracks to house asylum seekers without first getting planning permission for a change of use.

The letter, which was sent on Monday, said that at present the Barracks are classed as a residential institution and not as hotels and hostels which are a different class order for use.

It said: “We are advised by the local authority planners, that the law relating to planning in Scotland requires a change of use application to be made before the Barracks can be used as a hotel or as hostel accommodation for these young men. At present, the Barracks are classed as a residential institution which are in another class order, whilst Hotels and Hostels are in Class 7.”

The letter also said that while the Home Office intended to use the Barracks for 12 months to house asylum seekers but under Scottish law emergency use is restricted to six months.

It said: “The problem about this is, however, that whilst in England the law provides that such usage may continue for a period of 12 months, the law in Scotland is different. Such emergency use is in Scotland restricted to six months, not 12. This is very clear.”

It continued that to change such law would require the Scottish Parliament to use subordinate legislation powers which were used in Covid lockdown.

The MSPs ask if the UK Government has plans to do this. It said: “Therefore we are writing to ask if you can kindly clarify whether the Home Office will be submitting the Change of Use application which as set out above, we understand is required by law.”

Mr Ewing, MSP for Inverness and Nairn said: “Last October the Home Office declared without any consultation that they would house more than 300 young male asylum seekers in Cameron Barracks. They said that this would start in November and last for 12 months.

“However, I have now learned from Highland Council that change of use permission is required and the Home Office haven’t bothered to apply for it. They are either ignorant or careless.

“In England they would not need change of use permission if they claimed it was an emergency. In England that can last for 12 months. But in Scotland such emergency use may only last for six months.

“It seems the Home Office simply believed that the law in Scotland would be the same as south of the border.

“Working across party lines, Ed Mountain and I have asked the Home Secretary to explain if an application will be submitted – or if they will simply scrap the plans for the use of Cameron Barracks as we and many of our constituents would prefer.”

Mr Mountain added: “Fergus Ewing and I are working together because we both believe, as many of our constituents do, that this plan to use Cameron Barracks to house asylum seekers is unsuitable for our town and for the asylum seekers themselves.

“We think the Home Office should rethink their plans and keep the people of Inverness fully informed. After months of vacillation we hope the Home Office at least follows Scots law.”

About 300 men were due to be housed in Cameron Barracks in Inverness and the UK Government originally wanted to move asylum seekers by early December.

The Home Office delayed these plans and said it wanted to avoid rushing the plans and said it would proceed when facilities were “fully operational and safe”.

A Highland Council spokesperson said: “It is our understanding that Cameron Barracks would require to be licensed as a House in Multiple Occupation (HMO). We have had initial discussions with the Home Office on this, but we have not received an HMO licence application to date.

“We are awaiting confirmation from the Home Office on their specific plans for the site to determine if planning permission is required.”

A UK Government spokesperson said: “We are furious at the level of illegal migrants and asylum hotels.

“This Government will close every asylum hotel. Work is well under way, with more suitable sites, such as military bases, being brought forward to ease pressure on communities and cut asylum costs.

“We are working closely with local authorities, property partners and across government so that we can accelerate delivery.”