The High Court’s decision in Epping Forest DC v Somani Hotels: what it means for commercial property owners and why planning control matters

Land owners also run the risk of their property depreciating, which would have a knock-on effect of the investment potential of their portfolio.

Local authorities can respond to breaches through enforcement notices, or in serious cases, seek an injunction. Injunctions are powerful - they can halt a use immediately, even before a full trial. Courts, however, balance the public interest in planning control against fairness to occupiers, wider statutory duties, and the impact on property owners.

Case highlight: Epping Forest DC v Somani Hotels Ltd [2025]

Somani Hotels repurposed The Bell Hotel in Epping to accommodate asylum seekers under a Home Office contract, without obtaining planning consent. The local authority argued this amounted to a material change of use away from Class C1 hotel use and sought an interim injunction under section 187B of the Town and Country Planning Act 1990.

The application was heard within four days of issue, and judgment was handed down within eight days (11 to 19 August 2025), Reinforces how swiftly local planning authorities can act to restrain alleged breaches of planning control. Crucially, the Court refused a late attempt by the Secretary of State to be added as a party, clarifying that joinder [adding a party] under the Civil Procedure Rules requires a genuine issue to be resolved by adding that party. Public interest considerations (such as the need to accommodate asylum seekers) are relevant to the balance of convenience, but they do not create a gateway for this addition.

The case also highlights several practical lessons for both local authorities and developers:

• Prompt action matters - councils must act without delay.
• Balance of interests - courts weigh statutory duties and public need.
• Evidence is key - objections require robust evidence, not speculation.
• Engagement is essential - property owners should liaise early with planning authorities to reduce risk.
  

Planning due diligence: what you need to know

Before altering the use of a property, owners should assess:

• Whether the new use falls within the same use class, seek confirmation as to whether planning permission, conditions or prior approvals are engaged, and whether a change of use risks breach.
• If planning consent or prior approval will be needed
• How the change could affect local amenity or wider policy concerns
• What enforcement options may arise if works proceed without consent.

Managing planning risks

• Monitor timescales: monitor applications and challenge undue delays.
• Seek early advice: consult planning and legal experts before making changes. In particular, proactive dialogue with the local planning authority can surface concerns and reduce the risk of urgent injunctions.
• Anticipate wider impacts: assess how proposals interact with public policy, infrastructure, and statutory duties.

How VWV can help

At VWV, we guide clients through the full spectrum of planning obligations - from advising on lawful uses and material change of use, to preparing and submitting planning applications, and responding to enforcement action. With increasing regulation, including infrastructure contributions and environmental assessments, planning is becoming more complex. We help clients navigate these obligations, avoid penalties, and resolve disputes efficiently.

By engaging early with legal and planning experts, property owners can protect their assets, manage risks, and unlock future opportunities with confidence.

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If you need pragmatic, time‑sensitive advice on planning enforcement, please get in touch with our Planning and Commercial Property team.