KB-2025-002908 - [2025] EWHC 2937 (KB)
Fecha: 11-Nov-2025
Introduction
Introduction
The Claimant is the local planning authority for the district of Epping Forest. By these proceedings issued under Part 8 of the Civil Procedure Rules, the Claimant applies for a final injunction pursuant to section 187B of the Town and Country Planning Act 1990 [“the 1990 Act”] to restrain the Defendant, Somani Hotels Limited, from using the Bell Hotel, High Road, Bell Common, Epping, Essex [“the Bell”] to provide accommodation for asylum seekers. The Claimant’s case is that the use of the Bell for that purpose constitutes a breach of planning control. The Claimant also applies for a declaration that the use of the Bell for the purpose of providing accommodation for asylum seekers is not use of the Bell as a hotel.
- Heading
- Introduction [1]
- Introduction
- The Claimant’s case
- The Bell hotel, its location and current use
- The proceedings
- The evidence
- Legal principles
- Factual background
- 2022-2024 – second period of use as accommodation for asylum seekers
- Resumption of use as contingency accommodation – early 2025 onwards
- Correspondence regarding the need for planning permission – April/May 2025
- Events since 8 July 2025
- The decision to apply for an injunction
- The launch of proceedings and subsequent events
- Discussion
- An actual or apprehended breach of planning control
- The Claimant’s decision to apply for an injunction
- Whether an injunction is an appropriate remedy – the correct approach
- Planning and enforcement history
- Environmental harm and urgency
- Countervailing factors
- Although initially procured by service providers as a short-term measure to deal with an exceptional increase in demand for accommodation during the pandemic, the pace and volatility at which the numb
- Striking the balance – is an injunction a commensurate remedy?
- My conclusion
- Declaratory relief
- Conclusions