[2025] EWCA Civ 1134

Somani is the owner of the Hotel which lies within the Metropolitan Green Belt Common Conservation Area. It is situated on the outskirts of the centre of Epping; opposite the Hotel is an open space known as “Bell Common”. There are a number of schools in the vicinity of the Hotel, the nearest being an 11-minute walk from the Hotel. There is a residential care home within 0.3 kms of the Hotel.

The Council is the local planning authority for the district of Epping. Somani and the Council are agreed that the lawful planning use of the Hotel is as a hotel within Class 1 of the Town and Country Planning (Use Classes) Order 1987 (“the UCO”).

For many years the property has been used as a hotel. It has 80 bedrooms. A sign outside describes it as having a “restaurant & bar, banqueting suite & conference rooms.” The Hotel had been in decline for some years. In 2006, the owners sought planning permission for a partial demolition and for the use of the remaining part of the site as a care home. Permission was granted but the change was not implemented.

In March 2020, following the outbreak of the Covid-19 pandemic, the Hotel closed. Between 22 May 2020 and 4 March 2021, the Hotel was used to accommodate asylum seekers. Following the lifting of lockdown restrictions, the Hotel opened in August 2022, however occupancy and its use as a hotel was greatly reduced. Somani’s evidence is that the Hotel has been in decline for a number of years and is no longer the “community hub for social gatherings and weddings” that it had been 15-20 years ago. It was loss-making in the period from 2017 to 2020 and its future as a hotel was at risk. Somani’s contract with a Home Office service provider, which results in the accommodation being used by asylum seekers, provides a steady income without which the financial stability of the business would be at risk.

Between October 2022 and April 2024, the Hotel was used to accommodate single adult male asylum seekers. They were accommodated pursuant to the duties imposed on the SSHD under the Immigration and Asylum Act 1999 (“the 1999 Act”).

The housing of asylum seekers at the Hotel was operated by a registered service provider on behalf of the Home Office. Between May 2020 and March 2021, the service provider was Clearsprings/Ready Homes and between October 2022 to late April 2024 it was Finefair Ltd. The period of occupation passed without incident. During these periods, the Council did not issue any enforcement notices against the use of the Hotel to house asylum seekers.

In November 2022, the Council learned that the Hotel was again being used to provide accommodation for asylum seekers. As a result, contact was made between an officer of the Council and a director of Somani in order to obtain updated information in respect of the use of the Hotel. Somani’s director stated that the Hotel was being used to accommodate approximately 70 asylum seekers but advised that this figure could alter; the use was stated to have commenced some two weeks earlier. On 29 November 2022, a site visit by the Council’s officer took place following which Somani, through its solicitors, agreed that it would submit a temporary change of use application without prejudice to its legal position that the Hotel could lawfully temporarily accommodate asylum seekers under contract with the Home Office.

On 14 February 2023, Somani applied to the Council for planning permission for a “Temporary Change of Use until 30 June 2024 or such earlier date as notified in writing to the Council by the Applicant from hotel use (Class C1) to use as a hostel for asylum seekers (Sui Generis)”.

The statement accompanying the application included the following:

“The application is made following a meeting with John Ayres, Epping Forest DC’s Planning Enforcement Officer which was held on 29th November 2022. It is made without prejudice to my clients’ view that the present use of the Hotel does not constitute a material change of use. The purpose of the application is to clarify the planning status of using the Bell to accommodate asylum seekers under contract with the Home Office, and to enable the Hotel to ‘bridge’ the current adverse economic climate and eventually resume its normal hotel operations. …..

This application for a temporary 18-month planning permission is made without prejudice to Somani’s view, that the current use of the Hotel to temporarily accommodate asylum seekers under contract with the Home Office does not constitute a material change of use.”

More than a year later, in March 2024, the Council had still not determined the application (notwithstanding the requirement to do so within eight weeks, per the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013/2140, art. 23(2)(ba)). On 21 March 2024, the application was withdrawn by Somani because it had become academic: the use would cease on 26 April 2024 when the Home Office contract came to an end. The Hotel closed on 26 April 2024 and did not reopen until April 2025.

On 18 February 2025, Somani was contacted by the Home Office and informed that the Hotel had been identified for future use as asylum accommodation. Following meetings and communications between Somani and the Home Office, Somani was informed that occupants would be expected to arrive around the end of March. On 17 March 2025, the Council sent a letter to the Home Office objecting to the use of the Hotel for asylum seekers and raising a number of concerns relating to pressures on the local homelessness, housing and health services. The letter made no reference to any concern that the use of the Hotel would be a breach of planning control requiring permission.

Corporate Travel Management (North) Limited (“CTM”) is a registered Home Office service provider of accommodation for asylum seekers under section 98 of the 1999 Act. By a contract dated 24 March 2025, for an initial term of 12 months ending on 24 March 2026, Somani has agreed to provide CTM with exclusive use of the Hotel for the contractual period for the purpose of short-term accommodation for asylum seekers. In its capacity as service provider, CTM provides all services connected with the welfare of asylum seekers and their social, mental and medical care. It handles all movement of residents to and from premises and has complete control over who is placed in the Hotel, the duration of their stay and all matters relating to their occupancy. Through a subcontractor, it provides premises, security and the catering of all meals. Somani provides cleaning, general facility maintenance, and hotel laundry; it facilitates personal laundry through an offsite service provider.

Those accommodated in the Hotel have no choice of room nor of the person with whom they share. They do not pay Somani; payment is made to Somani through the contract with CTM. The residents of the Hotel are free to “come and go” but if an individual wishes to be away for more than one day they must obtain authorisation from the Home Office. Somani is required to obtain a signature from each resident each day and to notify CTM and the Home Office if any resident is not seen for more than one day.

There have been no changes to the internal structure of the Hotel since it commenced accommodating asylum seekers and the only external change has been the erection of security fencing in July 2025 by Somani which was a response to the protests which were taking place outside the Hotel.

Prior to the making of the contract between Somani and CTM, discussions were held between the Home Office, CTM and the Council regarding the occupancy of the Hotel by asylum seekers. The Council confirmed its agreement to a maximum of 138 residents for the Hotel. CTM took the lead in discussions with officers of the Council. Somani had no direct involvement with the Council prior to the making of the contract with CTM in March 2025: all communication was through the Home Office or CTM.

Since April 2025, the Hotel has reopened and has been used to accommodate single adult male asylum seekers pursuant to the contract between Somani and CTM.

On 8 April 2025, the Council’s planning enforcement team contacted Somani and informed Somani’s solicitor that it was their view that it would be necessary for Somani to seek permission for a change of use of the Hotel.

Somani initially suggested to the Council that a fresh temporary change of use planning application could be made. However, on 15 May 2025, Somani, having taken advice from the Home Office, informed the Council in writing that it would not be submitting a temporary application. An email dated 15 May 2025 from a director of Somani to an officer of the Council included the following:

“I have been working on the change of use planning application since we spoke, but I have received new direction from the Home Office via CTM the contracted agent. The Home Office has advised that in the Government’s opinion the hotel is contracted on exclusive use terms as a hotel, not a hostel, and so they do not support a change of use application. I understand that this matter has recently been discussed more widely with all interested parties and the Local Authority Engagement Officer (Caroline Fallows) agreed that the various asylum accommodation was contracted as exclusive use hotels, not hostels.

Accordingly, I have been instructed not to proceed with the change of use application. I appreciate that Local Authority Officers and indeed Councillors would welcome more information on the exclusive use hotels, and for our part we are keen to do whatever we reasonably can to reassure the local community. Therefore, if you do require further information with regards to the Bell Hotel and the Home Office asylum activities please let me know and I will do my best to share as much as I am permitted to.”

The Council did not reply to this notification from Somani and it appears that no enforcement officer visited the Hotel to assess the current state of activities.