Great Yarmouth Borough Council v Al-Abdin & Ors [2022] EWHC 3476 (KB) (21 December 2022)

Great Yarmouth Borough Council v Al-Abdin & Ors [2022] EWHC 3476 (KB) (21 December 2022)

The use of the Villa Rose Hotel as a hostel for asylum seekers would, on the evidence and planning policy context, likely constitute a material change of use in breach of planning control and an extant enforcement notice. The planning harm to a sensitive tourism area is significant, the breach would be flagrant, and normal enforcement measures have proved ineffective. The balance of convenience strongly favours continuation of the interim injunction to restrain the use pending trial.

Citation
[2022] EWHC 3476 (KB)
Parties
Claimant: Great Yarmouth Borough Council; First Defendant: Al-Abdin; Second Defendant: Second Defendant; Third Defendant: Third Defendant; Fourth Defendant: Serco Ltd
Jurisdiction
England and Wales
Judgment Date
21 December 2022
Procedural Posture
Injunction Application Under Section 187 B of the Town and Country Planning Act 1990 / Interim Injunction Continuation Hearing
Outcome
Interim injunction continued until trial
Legal Topics
Quia Timet Injunctions, Material Change of Use, Enforcement Notices, Planning Policy, Accommodation of Asylum Seekers, Balance of Convenience, Section 187 B Injunctions
Planning Law Administrative Law Local Government Law Quia Timet Injunctions Material Change of Use Enforcement Notices Planning Policy Accommodation of Asylum Seekers +2 more

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Parties

Great Yarmouth Borough Council

Claimant

Al-Abdin

First Defendant

Second Defendant

Second Defendant

Third Defendant

Third Defendant

Serco Ltd

Fourth Defendant

Procedural Posture

Injunction Application Under Section 187 B of the Town and Country Planning Act 1990 / Interim Injunction Continuation Hearing

Legal Issues

  1. 1 Whether the use of the Villa Rose Hotel as a hostel for asylum seekers constitutes a material change of use in breach of planning control
  2. 2 Whether an interim injunction restraining such use should be continued pending trial
  3. 3 Whether the enforcement notice remains effective and enforceable

Ratio Decidendi

The use of the Villa Rose Hotel as a hostel for asylum seekers would, on the evidence and planning policy context, likely constitute a material change of use in breach of planning control and an extant enforcement notice. The planning harm to a sensitive tourism area is significant, the breach would be flagrant, and normal enforcement measures have proved ineffective. The balance of convenience strongly favours continuation of the interim injunction to restrain the use pending trial.

Court Disposition

Interim injunction continued until trial

Orders

  • The interim injunction restraining use of the Villa Rose Hotel and other hotels in the GY6 area as hostels is continued until trial.
  • The first defendant is removed from the claim as requested by the claimant.