Epping Forest District Council v Somani Hotels Limited

Epping Forest District Council v Somani Hotels Limited

The Court of Appeal refused permission to appeal, holding that the High Court judge correctly assumed a breach of planning control for the purposes of the injunction application, properly balanced the limited planning harm against the significant public interest in accommodating asylum seekers, and exercised his discretion lawfully in refusing both the injunction and the declaration. The costs orders were within the judge's discretion, and no arguable error or compelling reason for appeal was shown.

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
Civil Appeal / Application for Permission to Appeal (court of Appeal)
Outcome
permission to appeal refused
Legal Topics
Injunctions Under S.187 B TCPA 1990, Material Change of Use, Planning Enforcement, Costs Orders, Distinction Between Hotel and Hostel Use, Statutory Duties for Asylum Accommodation
Planning Law Public Law Administrative Law Injunctions Under S.187 B TCPA 1990 Material Change of Use Planning Enforcement Costs Orders Distinction Between Hotel and Hostel Use +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 3 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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

Civil Appeal / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the High Court erred in refusing an injunction under s.187B TCPA 1990 to restrain use of a hotel for asylum seekers
  2. 2 Whether the High Court erred in refusing a declaration that the use was a material change of use
  3. 3 Whether the costs orders in favour of the SSHD and Somani were proper

Ratio Decidendi

The Court of Appeal refused permission to appeal, holding that the High Court judge correctly assumed a breach of planning control for the purposes of the injunction application, properly balanced the limited planning harm against the significant public interest in accommodating asylum seekers, and exercised his discretion lawfully in refusing both the injunction and the declaration. The costs orders were within the judge's discretion, and no arguable error or compelling reason for appeal was shown.

Court Disposition

permission to appeal refused

Orders

  • Application for permission to appeal refused.
  • No order for wider guidance on hotel/hostel distinction.