Derby City Council says no enforcement action is planned
One of the two hotels housing asylum seekers in Derby(Image: Derby Telegraph)
Hotels housing asylum seekers in Derby are in breach of planning regulations – but the city council is unlikely to do anything about it, according to a new report.
Home Office data shows that Derby is accommodating 329 asylum seekers in the Midland Hotel and the Station Hotel, both in Midland Road near the railway station.
Last September, Councillor Steve Hassall, the leader of the opposition Conservative group on Derby City Council, called for the authority to assess the hotels for potential planning breaches and to take action where necessary, while also keeping a log of relevant incidents.
After a tense debate, the council voted to take proactive steps to assess the city’s two asylum seeker hotels for potential planning breaches.
It was agreed that a report would be produced at the January full council meeting.
That report, set to be discussed during a meeting on January 14, concludes: “Our assessment and review have led officers to conclude that the character of the use of both of the hotels amounts in our opinion to a material change of use to use as hostels.”
It added: “Enforcement action is not considered appropriate given the level of harm, cost to the public purse, wider societal impact and recent case law in the Epping case.”
The report highlights eight factors taken into account based on previous court cases. They include:
Twin sharing of rooms by strangers, which is uncommon in hotels.Residents having a permanent stay, unlike typical hotel guests.The use of the hotel as a home by residents, contrary to transient hotel stays.Lack of local area connection for the residents.
Speaking during the September debate, Cllr Hassell referred to a recent YouGov poll that found 58% of people felt immigration was one of the most important issues facing the country, with 51% saying the economy and 29% saying health.
He said the council must listen to the voices of the “six out of 10” people who do not feel heard in terms of their priorities, noting that flags and demonstrations were a sign of “frustration”.
Cllr Hassell said “no one in this room would berate the positive impact of immigration” but said his concerns rested on “fairness and safety” and “people wanting to come to this country illegally”.
The hotel is still being used for asylum seekers in Derby(Image: Submitted)
He said: “Speaking about asylum and immigration is not right-wing. That shuts the conversation down. This is our Epping moment.”
In August, a High Court judgement, brought by a challenge from Epping Forest District Council in Essex, meant an interim injunction was put in place blocking The Bell Hotel from continuing to house asylum seekers.
That decision has been overturned following an appeal by the Government, and a court hearing on a permanent injunction is set to be held in October.
Following the publication of the report into the planning situation regarding the hotels, Cllr Hassall said: “This report confirms something very important.
“Derby City Council’s own officers have concluded that the hotels being used to house asylum seekers do amount to a material change of use in planning terms. That is not speculation, it is their professional finding. What happens next is where the real issue lies.
“Despite identifying a planning breach, the Labour-run council has chosen to do nothing. Not because it cannot act, but because it has decided not to. That is a political choice dressed up as caution.
“The report is clear that enforcement powers exist. It is also clear that the decision not to use them is discretionary. In other words, this is not about legality, it is about will.”
Mr Hassall said that residents were told the original motion was unnecessary. He added: “Officers have now confirmed the core concern was valid. Hotels are not being used as hotels. Yet Labour’s response is effectively to shrug its shoulders and say ‘let’s carry on’.
“Even more telling is that the report openly admits that closing hotels would put pressure on the private rented sector, HMOs and housing availability.
“That is exactly why my motion explicitly said Derby residents must not pay the price for national government failure. Instead of standing up for Derby, Labour appears to be managing decline.
“This motion was about fairness, transparency and enforcing the same planning rules that apply to everyone else. What we have instead is a confirmation of breach followed by inaction.”
A Derby City Council spokesman said: “While there may be grounds for planning enforcement due to the change of use, these powers are discretionary and must be exercised proportionately.
“We must weigh the necessity of action against planning policies, both local and national, and the significant cost of a legal challenge to the public purse.
“Closing these facilities would have a substantial impact on council services and the wider community, likely resulting in the occupiers being moved into rented accommodation.
“Recent court rulings, such as the Epping Forest case, provide clear precedent for prioritising statutory housing needs in such circumstances.
“Taking these factors into account, formal enforcement action is not considered expedient to the public interest at this time.
“We will continue to closely monitor the situation and work with hotel operators and the Government’s contractors where appropriate.”
The full council meeting is available to follow on the city council YouTube channel here from 6pm on Wednesday, January 14.
The Government has stated its intention to end the use of hotels for asylum seekers, and it is understood that city council leader Councillor Nadine Peatfield has written to the Government to inquire about the closure dates of the two venues in Derby. It is not known what would happen to the asylum seekers at that point.