Jurisdiction(s):
United Kingdom

High Court refuses TCPA 1990 s 187B planning injunction against hotel housing asylum seekers, emphasising last-resort enforcement and Home Secretary’s duties (Epping Forest DC v Somani Hotels)

Published on: 11 November 2025

Published by a LexisNexis Planning expert

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Article summary

Epping Forest District Council v Somani Hotels Ltd and others [2025] EWHC 2937 (KB) What are the practical implications of this case?

The decision confirms that an injunction under TCPA 1990, s 187B is a rare, last-ditch measure, to be used only where standard enforcement would fail or be disproportionate. Local planning authorities must show that routine tools—such as an enforcement notice, stop notice, or a certificate of lawfulness—were properly explored and found wanting. Even where a breach of planning control is acknowledged, the High Court may withhold relief if powerful public interest considerations exist, for example the Home Secretary’s statutory obligation to house asylum seekers under the Immigration and Asylum Act 1999. The judgment underscores the mounting friction between local planning oversight and national emergency accommodation policy. LPAs should keep thorough, contemporaneous records justifying why urgent injunctive relief is necessary, and should not rely on public objection, protest activity, or political pressure as proof of planning harm. Developers and hotel operators should recognise that refusing an injunction does not make a use lawful, but does indicate a pragmatic judicial stance where national need can outweigh local planning harm. Site owners may therefore face pressure either to...

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