Why Epping Forest District Council's bid for Bell Hotel injunction was hindered by its own indecisiveness over two years ago

THE Bell Hotel case has been pitched as the Government (Home Office) against the people, with Epping Forest District Council representing the latter and scoring a win with its interim injunction granted by Mr Justice Stephen Eyre before it was snatched away by three other judges on Friday, August 29 2025.

But, the truth is, this is a more a simple planning matter that the council could have resolved much earlier.

The council applied to the court for an injunction to prevent what it said was a change of use without planning permission from a standard hotel for paying customers to a hostel for asylum seekers.

The council argued in its application for the injunction that the owner of the Bell Hotel, Somani Hotels was deliberately operating without planning permission.

But, as the judges pointed out at yesterday's hearing, and as Essex News and Investigations revealed earlier this month, the council could have dealt with this planning matter over two years ago.

The council identified that the change to a hostel for asylum seekers may require planning consent in November 2022 and requested a planning application from Somani Hotels.

This was duly submitted in February 2023, at a cost to the hotel owner.

The council carried out a public consultation and had eight weeks to reach a decision on whether planning permission would be approved or not.

But, it never did.

Had it done so, it could have either turned down planning permission and the asylum seekers would likely have been moved on before the subsequent arsons and alleged sex assaults on children that led to the ongoing protests outside the building.

Or, it could have granted permission and regulated the use. There would be less reason for protest had this happened.

The council has steadfastly refused to explain why it failed to reach a decision on the planning application before it was withdrawn by Somani more than a year later with no enforcement action to follow.

We can only be speculate as to why the local authority refuses to explain its lack of action.

On the balance of probability, it was because it feared making a decision either way.

Had it refused the use it could have been open to accusations of discrimination and if it had allowed the use it would have attracted criticism from residents no doubt.

But good councils need to be decisive and not hide away and hope that issues go away.

Or they face problems building up and escalating just like we have seen with the Bell Hotel situation.

Representatives of Epping Forest District Council have stood outside court and said they will keep fighting for you.

But, it was the council and its indecisiveness that allowed this problem to escalate.

Its lack of action over the planning application was why Lord Justice Bean, sitting with Lady Justice Nicola Davies and Lord Justice Cobb, were able to quash the "flawed" ruling of Judge Eyre who took no real account of the previous planning matter timetable.

Protests outside the building resumed last night, largely peaceful in nature.

Just three men were arrested.

Essex Police said the men were arrested on suspicion of different offences - one for violent disorder, one for assaulting a police officer, and another for drink driving. Two police officers were injured, though not seriously.

Please put pressure on the council to finally explain why it never reached a decision on the planning application more than two years ago.