Derby asylum hotels found in planning breach but no enforcement action

Derby City Council found two hotels used for asylum accommodation amounted to a material change of use but decided not to take enforcement action, citing proportionality and recent High Court guidance from the Epping case.

Derby City Council has concluded that two hotels being used to house asylum seekers amount to a material change of use, but it will not take enforcement action. The decision follows a full council vote last year that asked officers to investigate after Conservative councillors sought action. Officers reported that enforcement is discretionary and should be proportionate, taking account of public interest and recent legal guidance. A report was published ahead of a council meeting scheduled for next week. Key facts: - Officers concluded the character of use at both hotels amounts to a material change of use to hostels. - The council decided enforcement action is not appropriate in this case, citing proportionality, potential cost to the public purse, wider societal impact, and recent High Court guidance from the Epping Forest case. - Officers noted there were no complaints about the hotels' use or management and raised concern about pressure on local housing supply if occupants were moved; a council meeting is due next week. Summary: The council will not pursue enforcement action at present despite identifying a planning breach, and it referenced legal and public-interest considerations in reaching that position. The report points to the Epping Forest High Court judgment and weighs housing and cost implications. The next scheduled public step is the council meeting next week, and any further action is undetermined at this time.