High Court dismisses applications for interim injunctions to restrain use of hotels to accommodate asylum seekers

In a judgment handed down at 5.30pm this evening, Mr Justice Holgate has dismissed applications by two local planning authorities to continue injunctions previously granted without notice, which had the effect of preventing the use of hotels in the two authorities’ areas to accommodate asylum seekers (including those being relocated from the overcrowded facility at Manston). The claims were brought by the two councils under s. 187B Town and Country Planning Act on the basis that using the hotels to accommodate asylum seekers would amount to a material change of use, from use as a hotel to use as a hostel.  Noting that the mere fact that a hostel was not in the same use class as a hotel did not of itself establish that the change was “material”, and that the distinction between a hotel and a hostel was “fine”, Holgate J nevertheless accepted that there was a serious issue to be tried. However, applying the American Cyanamid balance of convenience, he concluded that the factors in favor of discharging the injunction clearly outweigh those in favour of continuing it.  In particular:

1. The distinction between use as a hostel and use as a hotel was fine. Whether there was a material difference depended upon the planning harm identified by the claimants.
2. There would not be any irreparable damage or harm. The use would not cause any environmental damage or any harm to the amenity of neighbouring uses.  The buildings would not be altered and there would be no issues relating to traffic generation.
3. Although there is a public interest in enforcement action being taken against breaches of planning control, the integrity of the planning system is not undermined by the normal enforcement regime, which allows alleged breaches to continue while the merits of an appeal are under consideration.
4. The defendant’s conduct was not a flagrant breach of planning control. There were respectable arguments that planning permission was not needed.
5. The Home office was facing an unprecedented increase in the number of asylum seekers, the vast majority of who it was under a duty to accommodate. Without the ability to contract for the use of hotels there was a real risk of some asylum seekers becoming homeless.
6. In the claim brought by Ipswich, the Council’s concerns about the potential impact on tourism were “tepid”.
7. The proposed use would be temporary in nature. If that turned out not to be the case there were “plenty of other weapons in the LPA’s enforcement armoury to tackle the issue”.

A copy of the judgment can be found here. This is the second decision in two weeks in which applications to continue ex parte orders restraining the use of hotels have been dismissed by the High Court:  a similar application was rejected by Linden J in City of  Stoke on Trent v. Britannia Hotels on 2 November 2022. Paul Brown KC appeared for Serco, the 2^nd Defendant in the above claim brought by Ipswich Borough Council, and the 3^rd Defendant in the claim brought by Stoke on Trent.