The now-famous “Epping Injunction” may mark a watershed moment for the contentious policy of housing asylum seekers in hotels. This article considers the legal basis for the injunction and its potential implications for the continued accommodation of asylum seekers at Highfield House in Portswood.
What is the legal basis for the action taken by Epping Forest District Council (EFDC)?
EFDC was granted an interim planning injunction in the High Court. This was underpinned by section 187B of the Town and Country Planning Act. This gives local planning authorities statutory powers to seek legal remedies to restrain potential breaches of planning laws.
The alleged breach is that the Bell Hotel only has planning permission as a “C1 hotel”, i.e. to cater for guests on a short-term basis. Where a hotel is converted into asylum accommodation, this could amount to a material change of use that would require a fresh planning application. EFDC asserted that the operators of the Bell Hotel had not obtained permission to convert it for long-term accommodation.
Did the operators of the Highfield House hotel submit a planning application to transition from C1 hotel to longer term accommodation?
Based on our searches of the public database operated by SCC which lists all planning applications and their outcomes, we could not find any evidence of this.
Could Southampton City Council apply for an interim injunction?
Yes. SCC is the relevant authority for any planning-related matters within the City of Southampton.
Could a private person or third-party organisation apply for an interim injunction under section 187B?
No. The power is reserved for the relevant local planning authority.
Are there any alternative options open to private persons or third-party organisations?
In theory, private individuals could explore the use of judicial review and private nuisance actions in similar situations. However, the costs of initiating these types of action are likely to be prohibitive for most people. Additionally, the prospects of success are uncertain, even if, for instance, crowdfunding were organised.
A more viable option is to exert political pressure on the local planning authority to seek an interim junction. This could be done either through contacting your local MP and/or councillors or contacting the council using the relevant form.
Reform UK currently does not have any councillors on SCC. What could it realistically do here?
We have submitted a report of a potential enforcement breach relating to “unauthorised changes of use” using the relevant form as described above. In the report, we have cited a spike in community tensions and strain on police resources among the potential harms caused by the use of the Highfield House Hotel as asylum accommodation.
View from Reform is written by
Dr Alexander Culley
Secretary, Reform UK Southampton
