Lord Justice Bean, sitting with Lady Justice Nicola Davies and Lord Justice Cobb, emphasised the appeal was not concerned with the merits of government policy regarding asylum seeker accommodation. They held the High Court judge, Mr Justice Eyre, erred by ignoring the consequence that the closure of one site means capacity has to be found elsewhere.
Bean LJ said the injunction ‘may incentivise’ other councils to follow suit, and the impact of ‘such ad-hoc applications was a material consideration… that was not considered by the judge’.
Epping Forest District Council successfully sought the injunction in August on the basis of a breach of planning laws. The hotel, which has housed asylum seekers since 2020, recently became the focus of protest after a man living in the hotel was charged with the sexual assault of a teenage girl.
