[2025] EWCA Civ 1134

This is the judgment of the court, to which we have all contributed, in respect of two linked applications for permission to appeal orders made by Eyre J (“the judge”) on 19 August 2025, with the appeals to follow if permission is granted. One application is by Somani Hotels Ltd (“Somani”), the other by the Secretary of State for the Home Department (“the SSHD”).

In proceedings issued on 11 August 2025, the claimant, Epping Forest District Council (“the Council”), applied for an injunction pursuant to section 187B of the Town and Country Planning Act 1990 (“the 1990 Act”) to restrain the defendant, Somani, from using the Bell Hotel at High Road, Bell Common, Epping, Essex (“the Hotel” or “the Bell”) as accommodation for asylum seekers on the basis that it amounted to a material change of use in breach of planning control.

We should say at the outset what this appeal hearing is not about. We are not concerned with the merits of Government policy in relation to the provision of accommodation for asylum seekers, in hotels or otherwise. At a hearing on 15 August 2025 before the judge, the Council sought an interim injunction requiring Somani to stop using or permitting the use of the Hotel for accommodating asylum seekers or for using the Hotel for any use other than as a hotel until the trial of the claim. An interim declaration was also sought. On 19 August 2025, before the judgment in the injunction application was handed down, the judge considered an application by the SSHD to be joined as a party in the proceedings. Following the judge’s dismissal of the SSHD’s application, judgment was given in respect of the Council’s interim injunction application. The judge’s order included the following:

“IT IS ORDERED THAT:

1.

From 4:00pm on Friday, 12 September 2025 onwards until final judgment in this Claim or further Order of the Court, the Defendant must not at any time:

(a)

use;

(b)

permit to be used; or

(c)

facilitate the use of

the Bell Hotel, High Road, Bell Common, Epping, CM16 4DG (or any part thereof)

(1)

for accommodating asylum seekers (howsoever described), or

(2)

for any use other than as a hotel (within the meaning of Class C1 of Schedule 2 to the Town and Country Planning (Use Classes) Order 1987),

unless and until there is a grant of planning permission under the Town and Country Planning Act 1990 for the use of the Bell Hotel for accommodating asylum seekers.”

It should be emphasised that, as the wording of the order makes clear, Eyre J did not decide that the accommodating of asylum seekers at the Bell Hotel should cease permanently. He was only asked to decide, and only did decide, what should happen for the relatively short period until the trial of Epping’s claim, which he fixed for the week of 13-17 October 2025.

The application by the Council for an interim declaration was refused.

Permission to appeal was refused to both Somani and to the SSHD.