The Judgment of the Court of Appeal in SOMANI HOTELS LTD v EPPING FOREST DC, the Bell Hotel case, is now available at ( 2025 ) EWCA Civ 1134. The Court of Appeal addresses the statutory duty and engagement of the Secretary of State at paras 50-87 inc, and the approach to interim injunctions from para 88. At para 122, the Court referred to the desirability of preserving the STATUS QUO, saying ( emphasis added ) “ Both as a matter of planning law ( because an enforcement notice cannot be used to prevent an anticipated future breach ) and as a matter of general AMERICAN CYANAMID principles there is a GREAT DIFFERENCE BETWEEN AN APPLICATION TO PREVENT A CHANGE OF USE WHICH HAS NOT YET OCCURRED AND AN APPLICATION WHERE THE ALLEGED BREACH HAS BEEN GOING ON, INTERMITTENTLY< FOR SEVERAL YEARS.”
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