Ipswich Borough Council v Fairview Hotels (Ipswich) Limited & Anor

Ipswich Borough Council v Fairview Hotels (Ipswich) Limited & Anor

The claimants failed to demonstrate substantial or urgent planning harm justifying the continuation of interim injunctions; the balance of convenience, including the statutory duty to accommodate asylum seekers and the lack of irreparable planning harm, weighs against continuing the injunctions until trial.

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
Civil / Interlocutory Application to Continue Interim Injunctions
Outcome
Applications to continue interim injunctions refused; injunctions discharged.
Legal Topics
Material Change of Use, Planning Enforcement, Interim Injunctions, Accommodation of Asylum Seekers, Town and Country Planning Act 1990, Use Classes Order, Balance of Convenience
Planning Law Administrative Law Material Change of Use Planning Enforcement Interim Injunctions Accommodation of Asylum Seekers Town and Country Planning Act 1990 Use Classes Order +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 13
Sign in to unlock

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

Civil / Interlocutory Application to Continue Interim Injunctions

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 interim injunctions restraining such use should be continued until trial
  3. 3 Whether the balance of convenience favours continuation or discharge of the injunctions

Ratio Decidendi

The claimants failed to demonstrate substantial or urgent planning harm justifying the continuation of interim injunctions; the balance of convenience, including the statutory duty to accommodate asylum seekers and the lack of irreparable planning harm, weighs against continuing the injunctions until trial.

Court Disposition

Applications to continue interim injunctions refused; injunctions discharged.

Orders

  • The applications to continue the injunction granted to Ipswich Borough Council on 27 October 2022 and to East Riding of Yorkshire Council on 28 October 2022 are refused.
  • The interim injunctions are discharged.