‘No action’ on Derby hotels after planning probe

Two hotels in the East Midlands used to house people awaiting decisions on asylum applications will not face enforcement action – despite their use being deemed in breach of allowed planning uses.

In a report to city council published last week, planning officers said the use of Derby hotels as accommodation by government contractor Serco did constitute a potential planning breach, but said enforcement action was “not considered appropriate” given the level of harm caused.

However the decision will now be referred to a council scrutiny committee following an amendment put forward by Conservative group leader Cllr Steve Hassell during a meeting of the city council last night (14 January), which prompted heated exchanges between councillors.

The report, authored by the council’s chief planning officer, concluded that the block booking of two unnamed properties in the city meant their use under planning laws had indeed changed, from C1 hotel accommodation to a ‘sui generis’ hostel use.

However, officers stressed that the authority was “not required to take enforcement action simply because there has been a breach”, adding that Derby City Council’s planning department felt that action was not appropriate,  “given the level of harm, cost to the public purse, wider societal impact and recent case law in the Epping case.”

Proposing an amendment to refer the matter to the council’s Communities, Public Protection and Housing Scrutiny Review Board, Cllr Hassall said the political system had “failed the residents of this city.”

“I think it speaks to the frustrations of the public that the council goes through due process – a motion is brought to the chamber, it’s investigated, evidence is found quite substantially that we’ve got two properties in the city in breach of their current planning use – and the council’s decision is to do nothing,” he said.

“No wonder people are frustrated and disenfranchised with the political system.”

In response, leader of the Labour-controlled authority, Cllr Nadine Peatfield accused Hassall – a former council planning committee chair – of “wilfully misleading” the public over the issue.

She told the meeting the decision had been delegated to planning officers on a historical basis, adding that the administration had “no hand” in the decision.

“This was a delegated planning decision, delegated by the planning committee to officers,” she said.

Derby City Council declined to comment, but referred back to a statement issued last week, which said that closing the hotel-based facilities would have a “substantial impact on council services” and the wider community, which they said would likely result 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,” it said.