From ^GG23's* link:
For much of the period of four years from 2020-2024 Somani Hotels had been running the hotel as accommodation for asylum seekers without enforcement action from the council.
"When, in 2023, Somani sought planning consent to change its use, for over a year Epping did not process the application, notwithstanding the statutory duty upon it to do so within eight weeks," the Court of Appeal judgement said.
It continued: "The council was aware by February 2025 that the hotel was once again to be used to house asylum seekers, and by its letter of 15 May 2025 Somani made clear that it had been advised by the Home Office that a planning application was unnecessary.
"The council took no steps in response to this letter whether by issuing an enforcement notice or otherwise. There was no threat of court proceedings."
The Court of Appeal pointed out that Somani was first made aware of any step of this kind when it received the court papers and a court bundle running to over 1,600 pages together with a detailed skeleton argument prepared by leading and junior counsel.
It said the tactics used on the council's behalf were "not only procedurally unfair to Somani, but ought to have reinforced the argument that the delay was a significant factor in the balance against the grant of interim relief".
The Court of Appeal meanwhile found that Eyre J "wrongly characterised" the hotel operator's actions.
On this point, Bean LJ said: "The judge found as a fact that Somani had acted deliberately in declining to seek change of use permission under planning law after April 2025. He was critical of them taking this line. He was wrong in both respects
"Those underserved criticism which were repeated several times in the judgment mainly plainly played a material part in the judge's ultimate decision."
It continued: "If the council had considered Somani to be in breach of planning laws, it could have taken enforcement measures provided for within the 1990 Act.
"It did not do so. In short, the judge's exercise of discretion in this case was seriously flawed by his erroneous reliance on the 'deliberate breach' as a significant factor in favour of the grant of an interim injunction."
So the council hadn't objected to the use of the hotel for asylum seekers for 4 years. In all that time it had been free to take action against the planning breach that was the subject of their application for an injunction and had failed to deal properly with the eventual application for change of use made by the hotel owners.
I suspect that if you go to law on one particular point of law you can't expect to introduce other matters. Which is also why the injunction was overturned.