High Court upholds council application for interim injunction banning hotels from accommodating asylum seekers

A High Court judge has upheld Great Yarmouth Borough Council's application for an interim injunction blocking approximately all hotels in a specific planning policy area from being used as accommodation for asylum seekers.

In the High Court on Tuesday (20 December), Mr Justice Holgate heard arguments from the local authority that claimed using the hotels for asylum seekers would undermine the council's local plan, which pledges to encourage tourism in the area.

Great Yarmouth first secured the interim injunction covering its GY6 planning policy area late last month (23 November) after hearing of Home Office plans to place asylum seekers in a local hotel.

The council argued that housing asylum seekers in the hotels "would amount to hostel, rather than hotel use, which would be an unauthorised change of use in planning terms, and therefore a breach of planning control".

In addition, the council contended that it has a planning policy – set out in its local plan – against changing hotels to hostels in order to protect the amenity of the seafront in GY6, "which is key to the tourist economy".

At the hearing on Tuesday, the council said its position that placing asylum seekers in GY6 hotels would undermine its policy to protect the tourism economy was the "central point" in its case.

The local authority countered the defendant's argument that the asylum contracts are important lifelines for hotels during the off-season by contending that council planning policy already had strategies in place to protect tourism in the off-season.

In addition, the council noted that the Home Office's contractor, Serco, may sign 158-day contracts with the hotels, meaning asylum seekers would end up occupying rooms during busier tourism periods.

In a tweet commenting on Holgate J's decision, Paul Brown KC, who acted for Serco, said: "Compare [the Fenland ruling] with [the] judgment upholding Great Yarmouth's application for an interim injunction to prevent use of hotels in a specific area covered by a Local Plan policy protecting tourism. Existence of a targeted policy a key difference."

A Great Yarmouth Borough Council spokesperson said: "Great Yarmouth Borough Council is pleased that MR Justice Holgate has recognised the importance of the specific planning policies the council has in place to prevent hotels in its prime tourism area being used as hostels, and has therefore ruled that this merits further consideration by the courts. The council added that the current injunction will remain in place until a trial in the new year.

"We look forward to having the opportunity to put our case fully, ensuring that those hotels in the most important and sensitive part of this seaside town are protected and can continue contributing to our vital tourist economy," the spokesperson said.

"It is important to emphasise that we have repeatedly encouraged the Home Office and its agents Serco to enter into a dialogue with us so that we can help identify more appropriate locations to temporarily house asylum seekers. Regardless of today's decision, we remain open to an informed and constructive dialogue."

The Home Office has faced resistance from numerous councils in its efforts to block-book hotels around the country to accommodate asylum seekers amid record numbers of people arriving by boat.

Holgate J's ruling concerning Great Yarmouth follows a series of unsuccessful efforts by councils to oppose the Home Office's efforts, with Fenland District Council, Ipswich Borough Council and East Riding of Yorkshire Council failing to secure extensions to their own interim injunctions last month.

The Home Office is also currently facing a judicial review challenge brought by Torbay Council over the policy.

Adam Carey