THE Home Office has won an appeal to overturn a temporary ban on housing asylum seekers at a hotel which has been plagued with far-right protests.
The Court of Appeal has sided with the UK Government and denied a temporary injunction which would have blocked asylum seekers from being housed at the Bell Hotel in Epping, Essex.
In response, the Home Office has reiterated its commitment to "close all hotels" by the time of the next election.
It has been the site of anti-migrant protests in recent months after a resident, an asylum seeker, was charged with sexually harassing a schoolgirl. Hadush Gerberslasie Kebatu denies the charge and has been on trial this week.
The Home Office and Somani Hotels, which owns the Bell Hotel, challenged a High Court ruling that will stop 138 asylum seekers from being housed there beyond September 12.
Justice Eyre granted Epping Forest District Council (EFDC) an interim injunction last week after the authority claimed that Somani Hotels had breached planning rules by using the Bell as accommodation for asylum seekers.
The council said it was "deeply disappointed" by the outcome but noted that the judgment related only to a temporary injunction and a case on a final injunction was "still to be heard".
Other councils, including Labour-run authorities, have since publicly announced their intention to seek legal advice over whether they could achieve similar injunctions for hotels in their areas.
In written submissions for Thursday’s hearing, Edward Brown KC, for the Home Office, said Justice Eyre had “no regard to the obvious risk that other local planning authorities would adopt the same approach” as EFDC.
Piers Riley-Smith, for Somani Hotels, in written submissions on Thursday, said that Justice Eyre “overlooked” the “hardship” that would be caused to asylum seekers if they were required to move.
He said that the “extremely high-profile nature of the issue” created a “risk of a precedent being set”.
Earlier this week, a man appeared in court charged with violent disorder in connection with protests outside the Bell Hotel.
Phillip Curson, 52, of Upminster, denied "used or threatened unlawful violence" at a hearing at Chelmsford Crown Court on Tuesday.
A protest on July 17 escalated into what police described as "scattered incidents of violence” targeting police and property.
Essex Police previously said eight officers were injured and several police vehicles were damaged as missiles were thrown.
On Tuesday, the force said 24 people had been arrested and 14 people charged in relation to the protests last month in Epping, with the vast majority relating to disorder on July 17.
Border Security and Asylum Minister Angela Eagle said: "We inherited a chaotic asylum accommodation system costing billions. This government will close all hotels by the end of this Parliament and we appealed this judgment so hotels like the Bell can be exited in a controlled and orderly way that avoids the chaos of recent years that saw 400 hotels open at a cost of £9 million a day."
A statement from EFDC said: "While the Court of Appeal has lifted the temporary injunction, the case for the final injunction is still to be heard. Our battle on behalf of our residents will continue. A few weeks from now we will be back in court where we trust the strength of our case will still prevail.
"Epping Forest has already given the Home Office much cause for reflection. We understand Government faces a dilemma but that should not be at the expense of local communities.
"Planning law may seem dull. It might seem boring. But it goes to the heart of the relationship between local communities and good government. It enshrines the rights of local people to have a say within their own communities and it should not be set aside lightly.
"The Government can still listen. It needs to understand and take responsibility for the events that have taken place in Epping over the past six weeks. For the trauma and disruption brought upon our community. The battle is not over, and we will continue the fight – it is nothing less than the people of Epping would expect and deserve."
