THE MAYOR of Portland is set for a final courtroom showdown with Dorset Council over the legality of the Bibby Stockholm barge at Portland Port.

Between February 27 and 29, the High Court will be hearing the case to determine whether Dorset Council has the power to enforce planning authority over the Bibby Stockholm barge.

Carralyn Parkes, a local resident and Mayor of Portland, has brought this claim in her personal capacity.

The Bibby Stockholm barge, moored at Portland Port, is currently being used to accommodate around 400 asylum seekers whilst their claims are processed by the Home Office.

The asylum seekers were moved on to the barge in October 2023 after being moved off after just four days in August when legionella bacteria was discovered on board.

A legal case to try and declare the barge as unlawful, was previously brought to the High Court against the Home Office but Judge Mr Justice Holgate ruled Mrs Parkes did not have an arguable case.

A second legal case was subsequently launched against Dorset Council, arguing that they could have enforced planning law to stop the Bibby Stockholm.

In the claim, Mrs Parkes is arguing that Portland Harbour does fall under the boundaries of Dorset Council planning jurisdiction, because of the way that the law has historically dealt with harbours and enclosed bays, where the sea lies ‘within the jaws of the land’.

She will argue that planning legislation’s purpose is to manage the impact on the local community, and so the law should reflect that.

It is also argued that Dorset Council should consider planning enforcement over the change of use of the finger pier and access road where the Bibby Stockholm barge is moored. If the barge were placed almost anywhere else, on the dock, on land, in a lake, or on a canal, it would be subject to planning control.

Ms Parkes believes that placing the barge in a harbour should not remove local people’s ability to have any say over what goes on in their community.

Dorset Council has hit back at the legal claim saying the case forces a further cost on taxpayers.

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

"Matters relating to onshore areas such as the finger pier and access road do not form part of these proceedings but remain under consideration by the council”.

“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.”