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.