Epping Forest District Council v Somani Hotels Ltd [2026] EWCA Civ 264 (13 March 2026)

Epping Forest District Council v Somani Hotels Ltd [2026] EWCA Civ 264 (13 March 2026)

The Court of Appeal held that the High Court judge was entitled to refuse an injunction under s.187B TCPA 1990, having assumed in EFDC's favour that a breach of planning control had occurred but finding the harm limited, the breach not flagrant, and the need for asylum accommodation a significant countervailing factor. The judge's approach to the costs orders and refusal of a declaration was not open to arguable criticism. All grounds of appeal were unarguable.

Citation
[2026] EWCA Civ 264
Parties
Appellant/claimant: Epping Forest District Council; Respondent/defendant: Somani Hotels Limited; Intervener: Secretary of State for the Home Department; Intervener: Clearsprings Ready Homes Limited
Jurisdiction
England and Wales
Judgment Date
13 March 2026
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Injunctions Under S.187 B TCPA 1990, Material Change of Use, Planning Enforcement, Costs Orders, Joinder of Parties, Accommodation of Asylum Seekers
Planning Law Administrative Law Civil Procedure Injunctions Under S.187 B TCPA 1990 Material Change of Use Planning Enforcement Costs Orders Joinder of Parties +1 more

Case Brief

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Parties

Epping Forest District Council

Appellant/claimant

Somani Hotels Limited

Respondent/defendant

Secretary of State for the Home Department

Intervener

Clearsprings Ready Homes Limited

Intervener

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether use of hotel for asylum seekers is a material change of use requiring planning permission
  2. 2 Whether an injunction under s.187B TCPA 1990 should be granted
  3. 3 Whether the High Court judge erred in refusing injunctive relief and in costs orders

Ratio Decidendi

The Court of Appeal held that the High Court judge was entitled to refuse an injunction under s.187B TCPA 1990, having assumed in EFDC's favour that a breach of planning control had occurred but finding the harm limited, the breach not flagrant, and the need for asylum accommodation a significant countervailing factor. The judge's approach to the costs orders and refusal of a declaration was not open to arguable criticism. All grounds of appeal were unarguable.

Court Disposition

Appeal dismissed

Orders

  • Refusal of injunction under s.187B TCPA 1990 upheld
  • Refusal of declaration upheld