Material Change of Use of a Hotel to accommodate asylum seekers.

Epping Forest District Council have secured an interim injunction requiring the owners of the Bell Hotel to stop using, or permitting the use of, that “hotel” for accommodating asylum seekers by 16:00 on 12^th September 2025.

Background

The Local Planning Authority for the district of Epping applied for an injunction under the Town and Country Planning Act 1990 (‘TCPA 1990’) to stop the use of the Bell Hotel for accommodating asylum seekers. Similarly, an application was made on the same grounds for a temporary injunction.

The owner of the Bell hotel had stopped using it as a hotel for paying guests shortly before 2020. Notably, since early April 2025, the Bell Hotel, Epping, has been used to accommodate asylum seekers under a contract with CTM (North) Ltd pursuant to duties imposed on the Home Secretary under the Immigration and Asylum Act 1999.

Legislation and Grounds

The broad principle under consideration was that of section 57(2) of the TCPA 1990, namely, planning permission is required for the development of land. Section 55(1) of the same outlines that “development” for these purposes includes the making of a material change in the use of any buildings or land. Therefore, planning permission is required where there is such a material change of use.

In the proceedings, it was agreed that the lawful planning use of the Bell is as a hotel within Class C1 of the Town and County Planning (Use Classes) Order 1987 (as amended) (1987 Order). In Northern Ireland, a hotel use is sui generis, i.e. a sole use falls outside any of the use classes in the Planning (Use Classes) Northern Ireland (amended) (2015 (as amended))(“the 2015 Order”).

The Local Planning Authority argued that the use of the Bell hotel to accommodate asylum seekers is a material change of use, for which the Hotel should have, but had not, obtained planning permission. They argued that the correct use is a sui generis use of accommodation for the Home Office placement of asylum seekers, or alternatively, for use as a hostel. In Northern Ireland, a hostel is either Class C2 of the 2015 Order “when no significant element of care is given” or a sui generis use if “significant element of care is given”.

Whether the current use of the Bell as accommodation for asylum seekers was in breach of planning control depended on (1) whether the housing of asylum seekers is a change from the permitted use as a hotel and (2) whether, if there is such a change, it is a change which is ‘material’ in terms of planning considerations.

Held

On 19^th August 2025, Mr Justice Eyre granted an interim injunction requiring the owners of the Bell House, to stop using, or permitting the use of, that property for accommodating asylum seekers by 12 September 2025.

In his assessment, the judge weighed up factors which operated both against and in favour of a finding that there has been a change of use.

Some of the factors in opposition to the finding of a change of use include:

• There had been no internal structural changes to the building;

• The external appearance of the building remained unaltered;

• The same staff continued to operate the facilities and provide service.

The contentions in favour of a finding of change of use include :

• Those accommodated are all of one category of person, namely single male asylum seekers;

• None of those accommodated are paying for themselves; and

• None of those accommodated in the Bell had anywhere else to live in the UK.

In concluding that there had been a change of use, the judge stated that the Council’s point that “the Bell is not a hotel for those who are placed there” was a “powerful” one.

Having concluded that there was a change of use, it then fell to be assessed whether such a change was material or not. The judge concluded that the change was ‘material’, given that the nature of the on-site operation had changed in these extensive ways, the opportunity for use of the Bell by members of the wider community had gone and that “the contribution which those currently resident at the Bell can make to the local community will be different from that which could have been made by visitors to a hotel” .

Implications for Northern Ireland

While in Northern Ireland, a hotel is a sui generis use as opposed to falling within a prescribed use class within the 2015 Order, the legal principles and considerations arising as to the assessment of the materiality of such a change being effected in NI are the same.

Whilst it is understood that this judgment is being appealed, it will nevertheless have implications for such similar ‘changes in use’ which may have occurred. The planning mantra of being a question of fact and degree, and every case turning on its own facts, will be relevant to any assessment of the principles relied upon by an enforcing planning authority.

If you would like any further information or advice on these issues, please contact a member of our Planning & Environmental team.

*This information is for guidance purposes only and does not constitute, nor should be regarded, as a substitute for taking legal advice that is tailored to your circumstances.