Agenda item

10.1

The Director of Development Services submitted a report on his investigation into a complaint concerning a breach of planning control in respect of the unauthorised formation of self contained flats at the first floor of the former Windsor Hotel Public House at 35 to 39 Southend Road.  The report stated that the owner had failed to submit a planning application to regularise the work and that 5 of the flats had been occupied since August 2012.

10.2

As the proposed enforcement action would require residents’ to be moved out of their flats, regard was made to Articles 8 and 1 (First Protocol) of the Human Rights Act 1988.

10.3

An assessment of the breach of control viewed that the flats provided a poor quality of living accommodation and that having considered the occupiers position under the Human Rights Act 1988, the proposed cessation of the unauthorised use was considered to be justified.

10.4

The Director of Development Services reported orally that a planning application had recently been submitted by the owner of the building  and that, whilst the details were being assessed, it was requested that enforcement action be authorised in the event that the application details did not overcome officer concerns, as detailed in the report now submitted.

10.5

RESOLVED: That (a) the Director of Development Services or Head of Planning be authorised to take all appropriate action including, if necessary, enforcement action, service of a Stop Notice and the institution of legal proceedings, to secure the cessation of the use of the upper floor of the Windsor Hotel Public House at 35 to 39 Southend Road as self contained flats; and

(b) delegated authority be given to the Head of Planning, in consultation with the Chair (Councillor Alan Law), to vary the action authorised to achieve the objectives hereby confirmed, including taking action to resolve any associated breaches of planning control.