Author: Kerrie Hunt

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The planning matters behind the Epping ‘asylum hotel’ judgments

Asylum hotel article by Jasmine Philpott from Durrants

Durrants’ Jasmine Philpott, Senior Planner and Development Surveyor comments on the recent High Court and appeal decisions concerning the Bell Hotel asylum hotel in Epping. 

When the High Court granted an interim injunction requiring all 138 asylum seekers to be removed from the Bell Hotel in Epping on 15th August, many viewed the approach taken by Epping Forest Council as a blueprint for closing hotels used to house asylum seekers elsewhere. However, the decision was overturned at appeal just two weeks later.

So, what happened and what does it tell us about the future of these hotels?  

I firstly want to say that it’s quite exciting when a big, national news story is actually about planning, and that’s why I am writing about it. This article focusses on the planning and legal matters underlying this issue and not the very heated debate about refugees in this country. I am aware that this topic has polarised local people, especially as Diss recently endured a bout of protests outside the Park Hotel, which is no longer accommodating refugees.

Some background 

The Bell Hotel in Epping has accommodated refugees (predominantly single adult males) on and off since 2022. The owner, Somani Hotels, has a contract with the Home Office to house asylum seekers in all of its 80 rooms.  All of the rooms are double occupancy, and though the residents can leave, they must inform the Home Office if they are to be away for more than one day, and they have to sign in and out. There is on-site security and a welfare officer.

Criminal activity and protests 

Until April 2025, the hotel was used by the asylum seekers without incident. However, in 2025 there were three arrests, all followed up with criminal charges – one for arson in April, one for sexual assault in July and one for common assault, battery and sexual assault in August. These incidents sparked a number of protests, some of which became violent.

The interim injunction  

The first High Court judgement related to an application by the Council for an interim injunction. The Council had already started formal injunction proceedings, and the main trial for that is still due to take place in October 2025. This judgment related to a temporary injunction to remove the residents from the hotel between now and the main trial being decided.

The judge in that case ultimately found in favour of the Council, granting the interim injunction. His decision examined the question of whether or not the long-term use of a hotel to house asylum seekers results in a material change of use. He concluded that it does, primarily because:
∙The hotel is not available for anyone else to use
∙The residents cannot choose their room and cannot upgrade even if they offer to pay
∙The residents cannot come and go as they please
∙The residents, by virtue of their destitution, are unlikely to contribute to the local community in the way that a typical guest might
∙The residents do not have accommodation elsewhere
∙The presence of a security and welfare staff on-site

The appeal 

The Home Office appealed immediately, and three judges allowed the appeal. However, that decision was decided partially on a procedural error. The judge in the interim injunction had rejected a last minute request from the Home Office to join the litigation. The judges considered this to be an error of judgment, because the Home Office had a significant interest in the case and would have presented important evidence that could have changed the outcome.

 What now? 

The main injunction case will be heard in October. Only once that has been determined will we be able to draw any  meaningful conclusions. However, in the meantime, I do feel that the original judgment correctly identified some  significant differences in the use of a hotel for short-term guests vs for long term guests. If renting out one’s private home as a holiday let constitutes a material change of use (which it does), I cannot see how using a hotel for
asylum seekers, or anyone on that type of basis, could be viewed differently.

This article first appeared in the Diss Express.

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Want to sell or need to sell?

Want to Sell or Need to Sell by George Berry, Residential Area Manager of Durrants Estate Agents

George Berry, Residential Area Manager, asks whether you really want to sell your home or you know that you need to. 

Want to sell or need to sell?

Do you want to sell your property, or do you need to sell your property? This is often a question where the answer becomes a blurred line and that blur is denial.

Take downsizing for example. There comes a time when everyone questions whether they want to downsize, whether it’s the mortgage, garden size or simply maintenance responsibilities. Then there are those that have their hand forced due to financial constraints, ill health or perhaps the death of a partner.

Very often, those in the ‘want’ camp actually need to make the move but don’t want to admit it, hence the denial and they find it far easier to procrastinate. I value many properties where owners say they are considering a downsize and a few years later they are still there only to be told we should have moved when you came previously. There is a fine line between choosing to move and it choosing us – and often seeing that line is very difficult.

Listen to the market

Once we decide that we need to sell rather than simply want to, what are the key priorities to focus on? The first and most important, is listen to the market and viewing feedback. A house is ultimately only worth what someone is prepared to pay. Remember if you have to take a lower price because of market conditions, the chances are high that the one you want to buy will also be lower.

I had a conversation with a vendor recently who had a very nice house on the market for nine months. They hadn’t reduced their price and the house remained unsold. Put simply, the market doesn’t deem it to be worth the current price and if they need to move the price needs to be adjusted. I gave this feedback which they accepted and appreciated the honesty but then decided not to reduce the price after all. That is not listening to the market and if you need to sell then you are really damaging your chances.
Another client told me recently they cannot afford to drop the price because they need a certain figure to move. However, during the considerable amount of time the property has remained unsold on the market, the vendor has been haemorrhaging money in bills. This mindset of clinging on to a price that isn’t achievable is very dangerous and could create an even bigger financial problem.

Take viewer feedback seriously

Listening to viewing feedback is the next most important thing if needing to sell. If a property is getting viewings but there are some negative comments, it is crucial to take them on board and try to rectify the issues. I have had clients ask me not to give them any negative feedback. However, some of these clients have been bordering on desperate to sell and the buyers are the ones you need to win over. If you want or need to sell, you need to look at your home dispassionately and remove rose coloured glasses.

Some of the key pointers include pets. Ensure there is no smell. As owners we often get ‘nose blind’ but buyers will notice it immediately. Ask a friend for their opinion and ask them to be honest. If they can smell it, sort it.

If you want the best price, make the house feel as large as possible. That means clearing the clutter. Most people cannot see through it and the space needs to sing to a buyer or they will become distracted by you and your life and not imagine themselves in the space.

Finally, ensure the garden is loved and tidy. Buyers need to see you care and can cope with the space, otherwise they will question if they can. I am always happy to offer advice to anyone if you simply want to ask.

This article was first published in the Diss Express.

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A Smoother Property Sale

The english property process by George Berry of Durrants Estate Agents

George Berry, Residential Area Manager, asks why English property sales aren’t smoother like Scotland’s.

On so many occasions from buyers and sellers, I hear: “Why is the English property process such a nightmare and why can’t it be more like Scotland?”

In this day and age, given property is our biggest financial asset why do we have a process that allows buyers to make an offer, proceed with a purchase and then pull out at any stage before exchange without any come back. Given a move can be emotionally stressful and financially strained for many reasons, this scenario only makes it potentially far worse.

For those that can remember a few years ago we had Home Information Packs (HIPs). The idea of these was a good one but like many new things brought in, the implementation was poor and led to their failure. The real strength of them was two things. As vendors had to pay an amount up front it forced a financial commitment to the selling process, albeit a nominal sum. However, any sum seemed to have the effect of clients being less reluctant to dip in and out of the market.

The other real positive was, it pushed vendors to collate far more information prior to launching to the market and notice if ‘necessary’ documents were missing. This meant that theoretically the conveyance process could be shorter and smoother as a sales pack could be created quicker. In addition, buyers could view far more information prior to offering leaving less reasons for them to withdraw down the line. Of course, if people have unexpected financial or health issues that force them to change their plans, then these cannot be helped.

How Preparation Can Make All the Difference

We no longer have HIPs so what can we learn from them and apply to selling our homes to reduce stress and make the process smoother?

1) When deciding to move, it is wise to choose and appoint your solicitor immediately. Get them to send you the protocol forms upon engagement and you can then work through them ensure you find the appropriate documents and certificates. If it transpires that there is paperwork missing or things need addressing, then you will have time to deal with it upfront and prior to a sale being agreed.

2) There are three dominant factors that can really make or break a sale; boundary issues or unregistered titles, non-compliant private drainage systems and survey issues.

By engaging your solicitor early will enable you to commence the first registration of the title if required and also clarify any boundary issues versus the official title. I have had a situation recently when the boundary on the ground does not match the Land Registry Plan. This came out towards the end of the conveyance and caused a lengthy delay. If it came to light at the start of the process it could have been addressed.

Regarding private drainage, the Government are doing all they can to try and phase out old septic tanks and by changing binding rules they are making the majority non-compliant. You will not be able to shy away from this issue and you have two options. You can choose to get it replaced with a treatment plant prior to selling so you know there will be no issue, or you can factor it into negotiations and give an allowance to a buyer for its replacement.

3) If you have a property that requires a lot of work, then something to consider is getting a survey done yourself prior to selling so buyers can see it before they offer and can make an informed decision. Alternatively, get a builder to look at issues with a view to getting some resolved or quotes to have them fixed. Renegotiations following a survey are when many sales fall apart. If buyers are more informed when offering as to works required and potential costs it will reduce the likelihood of reductions towards the end when everyone is stressed.

The key to a better and smoother sale is in the preparation. A better presented house will achieve a higher price and a better prepared vendor will achieve a smoother result.

This article was first published in the Diss Express.

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Government consults on overhaul of Biodiversity Net Gain legislation

Biodiversity article by Jasmine Philpott

Durrants’ Jasmine Philpott, Senior Planner and Development Surveyor, comments on BNG introduced in 2024 and how it has created major challenges for small developers due to unclear guidance, costly rules and limited support – prompting calls for a simpler and fairer system.

When Biodiversity Net Gain (BNG) was introduced in May 2024, it was done so with little guidance or training on how to apply it, and apparently little consideration for the practicalities of delivering it. BNG requires all planning applications to demonstrate a 10% improvement in biodiversity post-development compared to pre-development. It currently applies to almost all planning applications of more than 5m x 5m in area, and requires an on-site ecology survey, the completion of a government-issued metric, and a plan for how the 10% will be achieved.

The biggest issue with BNG that we have encountered is the restrictive rules around on-site versus off-site gain. Current regulations do not allow the 10% gain to be provided within residential garden land, so any owner of a prospective residential development has to either provide off-site solutions on land they own in the area, or purchase credits. An added complication is that off-site solutions require a Section 106 agreement, which take months to agree and hundreds or thousands of pounds in legal fees.

The second issue is that there are not enough consultants, or capacity at local authorities, to process all of this additional work. The entire industry appears to be muddling along and doing everything they can to justify an exemption to avoid BNG altogether. As usual with these types of well-intended but poorly considered schemes, BNG favours large scale developers and big landowners, who have the space to provide on-site BNG outside of gardens, or own spare land and have the in-house expertise and funding to push through the S106 process. This inequity should also be considered in the context of the huge decline in the number of small and medium size developers (SMEs) in the industry – from SMEs obtaining 21% of all planning permissions in 2010-11 to just 9.3% last year.

The government appears to recognise this problem, and it was very welcome news to hear that the government are consulting on a radical overhaul of the BNG regulations to lift the burden on SMEs. I have read and commented on the consultation and thought that almost all of the suggestions were very sensible.

They include a complete exemption from BNG for ‘very small sites’ and a streamlined BNG process for ‘small sites’ (less than 9 homes) and ‘medium sites’ (10 to 49 homes). There is discussion on introducing a standard S106 agreement to avoid inconsistences between law firms and local authorities, and introducing a simplified metric that does not require input from an ecologist.

I was particularly pleased to see mention of stricter validation requirements and measures, as well as plans to reduce the number of planning applications determined by planning committee – something I have advocated for in previous columns (clearly Angela Rayner reads the Diss Express and my articles on the Durrants website).

I appreciate that nature lovers among us (and I consider myself one) may consider this to be a backwards step – the Wildlife Trust are certainly not happy to see BNG being ‘watered down’ so soon after it was launched. However, there is a balance to be struck when it comes to nature and development. If nature protection and enhancement becomes too onerous, it turns developers and the public against it and can lead to attempts to sabotage and destroy habitats to make the process easier. I have always felt, and many of my ecology consultant contacts agree, that small pockets of BNG land scattered across the country are far less effective than large-scale areas set aside for nature. I would therefore like to see governments and business setting up more BNG sites, with smaller developers simply making a financial contribution to these schemes. It does appear that this is the direction that BNG will take in the future, and I think this is a good thing.

This article was first published in the Diss Express.

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How residential conversions can help town centres flourish and thrive

Residential Conversions by Durrants Estate Agents

As we are all aware the country’s usage of both commercial and residential property has changed over recent years, with more people working from home or on a hybrid basis, leading to a rise in unused commercial and office space. Meanwhile, the rise of online shopping has also taken its toll on town and city centres, with a growing number of empty shops and it has been estimated that 300,000 homes could be created from empty premises above commercial spaces.

Housing demand in the UK continues to grow and an ongoing gap between supply and demand for residential property has led to an increase in the number of change of use applications of commercial premises.

These applications are often for the conversion of empty commercial premises into residential use, and this can be appealing to property investors as the homes created have the potential to be rented out to tenants.

Private tenants are also more likely to want to live in a town or city centre, where amenities, infrastructure and transport already exist, whilst being close to a place of work. This means that landlords can find even greater demand for residential property in converted commercial spaces.

Recent research has revealed that in the last four years there has been a 63% rise in commercial to residential property change of use applications in England and instances where these conversion applications were approved also increased by 60% over the same period – down to a combination of a higher level of applications, as well as the easing of some Planning regulations.

Conversions can be viewed as a more sustainable property investment, as the building structure and surrounding amenities are already present, meaning less outlay. The growth in tenant demand for city and town centre living, can potentially provide residential property landlords with a reliable, long-term income.

It is apparent that the property market is constantly evolving and, as demand for residential property continues to soar, it has increased the attractiveness of converting unused commercial spaces above retail units into domestic use.

Other advantages are that mixed-use retail and residential development help to keep town centres alive, enabling nearby businesses which are still viable – such as gyms, theatres, cinemas, shops, hair salons, barbers, public houses, restaurants and cafes – to flourish and thrive with the consequential increase in local residents.

At Durrants Building Consultancy we have noticed the increase in enquiries from Clients asking for advice regarding the conversion of retail and commercial properties in the town centres of Diss, Harleston and Southwold into residential use, particularly at First Floor level and above.

We have already successfully achieved Planning permission for two residential conversions above retail remises in Diss and a residential conversion of an entire retail unit in Southwold and are currently involved in looking at another four separate premises in Diss and Harleston with a view to achieving the same result.

We are of the view that this is a burgeoning market and there is considerable scope in this sector, particularly as the Government and many Local Authorities are actively encouraging the repurposing of these spaces for residential use.

Recognising the potential of retail and commercial premises to have a future mixed use or residential use is an important consideration for existing owners and potential purchasers of commercial properties and, if it is felt that a property might have some potential, just contact us in Durrants Building Consultancy and we will be only too happy to give you some initial, informal advice which hopefully will assist!

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Listen to the market

Listen to the market by George Berry from Durrants

George Berry, Residential Area Manager, looks at why realistic pricing is key to selling your house in today’s market.

Listen to the market

Why do shops and retail outlets have sales on and off throughout the year? The simple answer is to sell stock that has been lingering and make room for new stock.

So, flipping that question on its head, why didn’t it sell at its full price to start with? The most common answer is that buyers could not justify the price of the items and only when they were reduced, saw them as good value for money.

With disposable income being low due to the cost of living being high, every penny counts. Items in sales look far better value and more people can afford them. This increase in demand means people feel they will lose out and as a result make quicker decisions to buy.

The same principle applies to the housing market. If a property is not selling, then it is for largely two reasons. It either has compromises that are putting buyers off or they cannot justify the price. The higher the price, the more significant those compromises become.

Properties are our homes and our biggest investment. They are where memories are made, both good and bad, and as a result there is a lot of emotion in the mix. This is what causes an issue.

Detach from emotion

We naturally all want the maximum we can get for our homes when selling to enable us to have more flexibility with onward plans. However, when detaching from emotion, we all know something is only really worth what someone will pay. In a tough market where a lot of supply and demand is hampered by mortgage rates, affordability and  incomplete chains, this can cause problems agreeing sales.

Retailers reduce prices because it will be the make or break of their business. They need sales and money in. If vendors are able to take a more commercial view when selling their homes and look more objectively at the bigger picture, then they will achieve better results.

Be flexible

The key is listening to the market rather than being rigid on what they want to hear. We agreed a sale this week where the buyer floated a lower level and wanted us to discuss with the sellers before submitting a formal offer. The vendors’ response was: “well of course that seems fair, we all need to take an offer”.

In a high-end boutique, one-off garments can command ultra-high prices and buyers will ultimately pay for the exclusivity. That is also the case for certain properties that are so exclusive. They can only appeal to ‘high net worth’ buyers. The issue is, most of our homes do not fall into this category so it is wrong to keep prices unrealistically high in the hope that someone will pay over its market worth. Most buyers are ordinary folk like us with limited supplies of money so they will only pay what they can afford.

I hear it so often on valuations or in conversations: “I don’t want to reduce my price as it makes it look like there is something wrong with the house.” This is not the case at all and mindsets over reductions being a stigma need to change. There is no science to confirm prices other than letting the market determine them. As agents we look at comparables to give a guide but ultimately the market will decide.

If you want to sell, listen to the market and be prepared to reduce. Remember that if you are dropping the likelihood is your onward purchase will also drop as it is all relative. If you can’t afford to take less then what the market deems it is worth then you really should give serious thought to whether you need to sell now. If you can’t then take it off the market as you will only be left frustrated.

This article first appeared in the Diss Express.