No Derbyshire councils launching legal challenges to close hotels housing asylum seekers

This comes after a High Court judgement last week saw an Essex council secure an interim injunction to stop a hotel being used to house asylum seekers, with a separate decision required for a permanent injunction.

That decision was based purely on the planning merits of the premises, with a planning or certificate of lawful use application required for the Epping hotel’s use to house asylum seekers, with the owners arguing there was “no material change in use”.

Three Derbyshire council areas – not councils themselves – are currently accommodating asylum seekers in hotels, with the allocation of people to stay in those locations sitting entirely with the Home Office, including commissioning the venues.

New Home Office has published new data which shows that, as of June, this year, there are 565 asylum seekers being accommodated in hotels in Derbyshire, including Derby.

The districts these asylum seekers are located in are:

• Chesterfield – 75
• Derby – 329
• Erewash – 161

There are no hotels accommodating asylum seekers in Amber Valley, Bolsover, the Derbyshire Dales, the High Peak, North East Derbyshire or South Derbyshire.

District or borough councils, or unitary councils like Derby, are able to grant or deny planning applications for changes of use to a potential building to be used as a hotel – if it is not already a hotel – and for this specific purpose.

They can also launch enforcement action against the improper use of buildings to accommodate asylum seekers. County councils do not have any authority over housing.

The leadership of both Reform and the Conservative Party have both urged their councils to launch legal challenges.

There are no Conservative-run councils in Derbyshire, but Cllr Steve Hassall, Tory opposition leader in Derby, has urged the city council to have its own “Epping moment”.

Leadership at Derbyshire’s only Reform-run council, Derbyshire County Council, has outlined its lack of ability or authority to launch any intervention with facilities within its administrative boundaries – Chesterfield and Erewash.

Cllr Rob Reaney, Reform’s county council deputy leader, said: “We are aware of this case and are looking closely at the details and implications following the ruling.

“The housing of asylum seekers is a responsibility of the Home Office, not the county council.

“The district and borough councils are the local planning authorities and the county council does not have the power to bring a legal challenge from a planning perspective as per this week’s ruling.”

Meanwhile, Cllr Sarah Chambers, Derby’s cabinet member for cost of living, equalities, and communities, said: “The council is currently reviewing the Epping ruling and its implications for the two asylum hotels in Derby City Council’s area.”

An Erewash Borough Council spokesperson said: “We are aware of the interim injunction obtained by Epping Forest District Council regarding the use of a hotel for accommodating asylum seekers.

“This is only a temporary measure however and a further court judgment will be required to make the injunction permanent. The council is monitoring developments and will consider the outcome once a final judgment has been made.”

A Chesterfield Borough Council spokesperson, said: “We are currently taking stock of the High Court’s ruling to grant a temporary injunction prohibiting the use of a hotel in Epping to house asylum seekers.

“There are many factors to be considered including where to house asylum seekers pending assessment of their applications if hotels are no longer available for this purpose.

“We will be looking into the legal ruling, speaking with other councils in the East Midlands, and also taking account of the views of the police, the Home Office and others before coming to any judgement on the position here in Chesterfield.”