A recent High Court injunction in Epping, which blocked the use of a hotel to house asylum seekers based on a technicality of planning regulations, has brought a critical issue to the forefront of national policy. The decision highlights a growing concern that many other hotels currently being used for this purpose could also face legal challenges.

According to Faraz Baber, chief operating officer of planning consultancy Lanpro, hotels are categorized for short-term stays (C1 Use Class), while long-term accommodation requires a time-consuming and often contentious “change of use” application. This is why the Epping ruling, though a local case, has wider implications, risking a “national planning flashpoint.”

While one alternative for the government might be to house asylum seekers in private rental HMOs, this could lead to increased disruption in residential areas. The situation is further complicated by the Renters Rights Bill, which may prompt some landlords to exit the rental sector, creating a risk that housing shortages and asylum accommodation pressures will become intertwined.

Baber suggests that the only long-term solution is to amend planning law. A change to the Use Class Order by the Secretary of State would allow hotels to be used for longer stays without requiring a change of use, providing much-needed clarity and consistency for both local authorities and property operators.