Ipswich Borough Council v Fairview Hotels (Ipswich) Ltd & [2022] EWHC 2868 (KB) (11 November 2022)

Ipswich Borough Council v Fairview Hotels (Ipswich) Ltd & [2022] EWHC 2868 (KB) (11 November 2022)

The court held that the claimants failed to demonstrate a sufficiently arguable case that the proposed use of the hotels as accommodation for asylum seekers constituted a material change of use requiring planning permission. The evidence did not establish a change in the essential character of the use or sufficient planning harm. The claimants also failed to justify the necessity or expediency of interim injunctive relief, particularly given the lack of urgency, inadequate investigation, and failure to give proper notice. Accordingly, the interim injunctions were not continued.

Citation
[2022] EWHC 2868 (KB)
Parties
Claimant: Ipswich Borough Council; First Defendant: Fairview Hotels (Ipswich) Limited; Second Defendant: Serco Limited; Claimant: East Riding of Yorkshire Council; First Defendant: LGH Hotels Management Limited; Second Defendant: S Hull Propco Limited; Third Defendant: S Hull Opco Limited; Fourth Defendant: Mears Group PLC; Fifth Defendant: Mack Residential Limited
Jurisdiction
England and Wales
Judgment Date
11 November 2022
Procedural Posture
Interim Injunction Applications (planning Enforcement) / Hearing to Determine Continuation of Ex Parte Interim Injunctions Pending Trial
Outcome
Interim injunctions discharged; applications to continue injunctions refused.
Legal Topics
Material Change of Use, Planning Enforcement, Interim Injunctions, Accommodation of Asylum Seekers, Use Classes Order, Section 187 B TCPA 1990
Planning Law Administrative Law Civil Procedure Material Change of Use Planning Enforcement Interim Injunctions Accommodation of Asylum Seekers Use Classes Order +1 more

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Parties

Ipswich Borough Council

Claimant

Fairview Hotels (Ipswich) Limited

First Defendant

Serco Limited

Second Defendant

East Riding of Yorkshire Council

Claimant

LGH Hotels Management Limited

First Defendant

S Hull Propco Limited

Second Defendant

S Hull Opco Limited

Third Defendant

Mears Group PLC

Fourth Defendant

Mack Residential Limited

Fifth Defendant

Procedural Posture

Interim Injunction Applications (planning Enforcement) / Hearing to Determine Continuation of Ex Parte Interim Injunctions Pending Trial

Legal Issues

  1. 1 Whether the proposed use of hotels to accommodate asylum seekers constitutes a material change of use requiring planning permission
  2. 2 Whether it is necessary or expedient to grant interim injunctions restraining such use under section 187B of the Town and Country Planning Act 1990

Ratio Decidendi

The court held that the claimants failed to demonstrate a sufficiently arguable case that the proposed use of the hotels as accommodation for asylum seekers constituted a material change of use requiring planning permission. The evidence did not establish a change in the essential character of the use or sufficient planning harm. The claimants also failed to justify the necessity or expediency of interim injunctive relief, particularly given the lack of urgency, inadequate investigation, and failure to give proper notice. Accordingly, the interim injunctions were not continued.

Court Disposition

Interim injunctions discharged; applications to continue injunctions refused.

Orders

  • The interim injunctions granted ex parte are discharged.
  • No order continuing the injunctions pending trial.