Bell Hotel asylum accommodation — a short briefing on recent litigation
Kama Petruczenko, senior policy analyst at the Refugee Council, brings us up to date with developments around the Bell Hotel in Epping.
Critics note that emergency hotel placements now account for nearly half of all asylum support costs — estimated at over £300 million in 2024 — while community-based alternatives deliver better outcomes at lower expense. The Bell Hotel in Epping is one among 210 hotels currently accommodating asylum seekers.
Is the use of these hotels governed by the planning system? Somani Hotels Ltd v Epping Forest District & Anor [2025] EWCA Civ 1134 examined whether converting the Bell Hotel into asylum accommodation required planning permission. Epping Forest District Council secured an interim High Court injunction (19 August 2025) on the basis that housing people seeking asylum represented a material change from its Class C1 (hotel) use. On appeal (heard 1 September 2025), the Court of Appeal overturned the injunction, emphasising that planning enforcement must not be driven by public protest and must give proper weight to the Home Office’s statutory duty to house people seeking asylum. The court left open the substantive question of whether asylum use of a hotel constitutes ‘development’ under the Town and Country Planning Act, pending a full trial.
Under section 187B of the Town and Country Planning Act 1990, local planning authorities may apply for injunctions to restrain actual or anticipated breaches of planning control. ‘Development’ is defined by section 55, and section 57 requires planning permission where a material change of use occurs. The courts apply the material-change-of-use test established in Ipswich BC v Fairview Hotels (Ipswich) Ltd [2018] EWHC 2754 (Admin), focusing on the character of the new use rather than the operator’s identity.
In Somani Hotels, Eyre J granted the interim injunction on the basis that accommodating people seeking asylum was materially different from a transient hotel guest operation. The Court of Appeal, however, stressed the need to balance planning enforcement against the Home Office’s duty under section 95 of the Immigration and Asylum Act 1999 to provide asylum accommodation, warning that local objections driven by public protest could not override statutory obligations.
Refugee Council calls for action
The Refugee Council is urging the government to:
- Close all asylum hotels within the next 12 months
- Transition people seeking asylum into community-based housing schemes, improving integration and wellbeing
- Invest in support mechanisms — such as mentorship, language training, and accreditation pathways — to enable licensed professionals (including refugee doctors) to access employment opportunities commensurate with their qualifications.
For detailed proposals and supporting research, read the Refugee Council’s report on Ending the Use of Hotels to House People Seeking Asylum.
