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.

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.

Option 1 - Maintain current enforcement notice and contest the forthcoming planning appeal - with a high likelihood of the appeal being allowed and costs awarded against the Council.
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.