Matters raised by Members of the Committee:-

Officer response thereto:-

Could Officers explain in simple terms why this application is not a House in Multiple Occupation (HMO)?

An HMO is a house occupied by three or more unrelated individuals as their only or main residence where they have individual lockable bedrooms but where basic amenities such as kitchen or a bathroom are shared. In this case, each unit is self-contained and has a kitchenette and their own bathroom/shower room facilities.

In terms of the Use Class Order, the definition of a HMO for Class C4 is small, shared houses occupied between three to six unrelated individuals so therefore, in terms of understanding the configuration of the property is one aspect, but the other aspect is that the Council is dealing with 19 units. That is also the definition that is outlined with the Local Plan (policy LP11) and as the Council is dealing with 19 units, Officers are dealing this as a Sui Generis proposal. 

With the smaller room sizes, is it fair to say they actually have a kitchen?

They do have kitchenettes which includes a sink unit and minimal cupboards which would be shown on all of the floorplans

What form does the bathroom/shower room take and do Officers have the room sizes?

The bathroom/shower rooms are also in the floorplans. The smallest units are nearly 13 square metres, and the largest units are nearly 35 square metres. The rest of the units range from those sizes.

Do Officers feel that the impact of 19 small units would be lesser of that of an HMO?

A Management Plan would be in place to manage the residents that would be staying at the property, to control the use of it, the times, potentially the length of stay and a diary of those who are staying  and the length of period that they are staying so it can be monitored should it need to be by the Planning Enforcement Team

Why would the Council expect the impact of this application to be any less than an HMO?

Officers have not compared the use of this property to a HMO as Officers are not considering it as that, but Officers have looked at the use of the building and its previous use as well as the intensity of its use and that is why Officers feel that it is acceptable here.

Is this property, in comparison to Spendells, similar or does it differ?

Spendells house is Council owned, whereas this property is privately owned. Spendells also provides 31 flats and specifically for families. It is set up with larger flats, communal washing machines. It is a very different facility. This property will be for single people or couples.

Is there anything like this property already in Clacton town?

Officers believe there will be, yes.

Are there any restrictions on who can use this facility?

At this stage, the Committee is looking at this building and its use rather than who will use it, but it would be used for temporary accommodation and it usual for a Local Authority to place homeless people with temporary emergency accommodation because they have a statutory duty under the housing legislation to do so.

What is the maximum stay at this facility?

Because of the type of accommodation it is, it is only suitable for temporary accommodation. It maybe weeks, it could go to months, but there is no time limit as far as Officers are aware, but it is something that could be managed within the Management Plan which is conditioned as part of the Planning Conditions proposed.

What if Tendring District Council (TDC) stopped using the building as temporary accommodation, could someone else continue to do so and then would it be a permanent long-term building?

The Committee is currently looking at what is before them in planning terms which is temporary emergency accommodation. If that was to change, then a new full planning application would be required, and the use itself will be within the Management Plan that Officers will sign off. If it was to continue to be used as temporary emergency accommodation by another user, they would need to submit a new Management Plan to show the Council how it would be used. If it was not used as temporary emergency accommodation, then it would need planning permission for any future use.

There is nothing within the provision of this application made to the Council that specifically restricts that the only client of this use shall be TDC. An Authority would be one of the main users of this sort of facility.

Whilst this facility is not being specifically being used by TDC, Cabinet in January 2026 made a decision that a procurement exercise was going to commence for the provision of temporary accommodation and that would an open and transparent process and it will be available to other properties across the District. Whilst the applicant may desire for TDC to use the property for temporary emergency accommodation, if they are not successful through the procurement exercise it will not be used by TDC. The Council is in an interim position, and this matter was discussed at Resources and Services Overview and Scrutiny Committee and the Council’s Management Team have also highlighted that there needs to be additional resource provided to housing team to be able to ‘speed up’ the procurement process. Whatever happens within this Planning Committee meeting will be a separate decision to whether TDC will use this property for temporary emergency accommodation.

Could a maximum time limit be conditioned within the Management Plan?

As Officers, when it is recommended to the Committee, Officers take into consideration a range of material considerations, including the planning uses of the site and to a degree, how unrestricted they may have been. When it comes to temporary emergency accommodation the individual circumstances of the individual of why they need that accommodation is not known. As long as it is a monitored position and part of the programme of management. There is no reason why it should not be dealt with in the Management Plan.

There is a specific time limit for how long temporary emergency accommodation can be used if it is being used by a Local Authority for homelessness purposes. If the accommodation is being used by a Local Authority for temporary accommodation there is a fixed period in homelessness legislation.

Have the fire services been to do any checks of the property?

The size of the rooms will be for singles or couples, not for families. If the Local Authority places homeless people within there it will be under housing legislation that the private housing team at the Council would inspect the property to ensure it is safe, it is their duty.

For a 35 square metre room, is there a maximum limit of people that can go in there?

It will be big enough for single people or couples. It will be down to the Local Authority that is placing the people in there to accommodate the rooms appropriately.

Was there a reason the Committee did not go inside the building (reference to the site visit)?

The plans can give a feel for what is within the building, there was no reason to go inside the building.