Purpose

In December 2022, the Council served an
Enforcement Notice on the premises 42-46 Old Road and 107-111 Pier
Avenue, Clacton on Sea on the grounds of a material change of use
of the land and buildings, without the benefit of planning
permission, from the authorised use as a Residential Care Home
under Use Class C2 of the Town and County Planning (Use Classes)
Order 1987 (as amended) to a Hostel (Use Class which is a Sui
Generis) for the accommodation of asylum seekers.
The operators of the premises appealed to the Secretary of
State
(reference APP/P1560/C/23/3314670) for which a Public Inquiry had
been scheduled for May 2024.
A significant amount of time has elapsed since the Enforcement
Notice was originally issued over which period Officers have been
keeping its position under review. With a Public Inquiry pending,
and following anecdotal reports of significant improvements to the
state and safety of accommodation and improvements in the level of
care and assistance provided to occupants by staff on site and
through external agencies, it was right for the Council to
re-evaluate its position.
A statement of information about the current operation of the site
you provided to the Council on 17 February 2024 which, followed by
an accompanied site visit on 27 February 2024, demonstrated that
the situation has clearly moved on, conditions have improved
significantly and care is being provided at the premises.
The decision of the Director of Planning, in consultation with the
Chairman of the Planning Committee and Portfolio Holder for Housing
and Planning, was to withdraw the Enforcement Notice and thus
dispense with the need for the appeal and Public Inquiry. The
appellants have agreed to cancel the appeal and for neither side to
seek any award of costs.

Content

Option 2 - Withdraw current enforcement notice
and secure cancellation of the forthcoming planning appeal -
avoiding any appeal costs but reserving the right to pursue
enforcement action at a later date, if necessary.

The decision of the Director (Planning), in consultation with the
Chairman of the Planning Committee and the Portfolio Holder for
Planning and Housing, was therefore as follows:

1)To write to the appellant Wyldfield Homes Ltd to indicate that
the Council is minded to withdraw the Enforcement Notice at 107-111
Pier Avenue, explaining why, and asking it to confirm that it will
thereupon withdraw its appeal.
2)Withdraw the Enforcement Notice and inform everyone who was
serviced with a copy under s173A of the Town and Country Planning
Act 1990.
3)Inform the Planning Inspectorate that the Enforcement Notice has
been withdrawn and that the appeal no longer falls for
consideration, inviting the appellant to confirm the same and for
the appeal to be withdrawn and the Public Inquiry to be
cancelled.
4)Seek to agree, in writing, that the Council will not seek any
costs against the appellant and that the appellants will not seek
any costs against the Council following the withdrawal of the
Enforcement Notice and the cancelation of the appeal – on the
basis that the change in the Council’s position has arisen
from changing circumstances, new evidence and the passage of
time.
5)Agree with the appellant that the Council still reserves its
right to pursue enforcement action at a future point, if necessary,
if it becomes evident at any point in the future that care is not
being provided at the premises and that it has reverted, without
the benefit of planning permission, to a use that falls outside of
Use Class C2.

The above actions have been carried out, the Enforcement Notice has
been withdrawn and the appeal has been cancelled.