Breach of Planning Control:

(a.) Material change of use from shop (Use Class E) to dwellinghouse (Use Class C3).

(b.) Replacement of shopfront.

(c.) Erection of rear dormer

Resolved:-

That ENFORCEMENT ACTION be AUTHORISED to require those issued with a copy of the Enforcement Notice to:

a) Cease the use of the ground floor part of the building as a self-contained dwelling (Use Class C3); and

b) Remove from the building all residential fixtures and fittings which facilitate the use including but not limited to:

i.) Shower/bath tab and/or any other item which can be used for washing (showering or bathing); and

ii.) Oven and/or hob and/or any other item which can be used for cooking; and

iii.) Fridge and/or freezer or other items which allows the storage of food; and

iv.) Clothes washing and/or drying equipment; and

v.) Beds and/or sofa/beds and/or other items which can be used for sleeping; and

c) Restore the front elevation of the ground floor part of the building to its condition before the breach took place; and

d) Remove from the site all materials resulting from the compliance with the above requirements.

The authorised enforcement action to include (if/as necessary) the service of an Enforcement Notice under Section 172 of the Act with time for compliance of three (3) calendar months and the pursuance of proceedings whether by prosecution or injunction to secure compliance with the requirements of the Enforcement Notice.

The development has disrupted the continuity of the Primary Shopping Frontage and reduced activity in a key shopping area. No evidence has been provided to show that there is no reasonable prospect of the re-use of the premises as shops or services within Use Class E. It is therefore found that the development, including the material change of use of the site and the removal of the traditional shop frontage, is significantly and demonstrably harmful to the character, function and thus the sustainability of the Primary Shopping Frontage in a key shopping area. The development is unacceptable and contrary to the National Planning Policy Framework (2023), Policies KP1, KP2, CP1, CP2 and CP4 of the Core Strategy (2007) and Policies DM1, DM3 and DM13 of the Development Management Document (2015).

It has not been demonstrated that the residential unit would not result in significant shortfall(s) against the minimum standards for the overall size of the home and the bedroom sizes, and in an unacceptable outlook and receipt of light at the bedroom which would be to the substantial detriment of living conditions of current and future occupiers at the site. The identified adverse impacts of the development would significantly and demonstrably outweigh the benefits of the development taking into consideration the presumption in favour of sustainable development. This is unacceptable and contrary to the National Planning Policy Framework (2023), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1, DM3 and DM8 [as amended with the Technical Housing Standards Policy Transition Statement (2015)] of the Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009) and the Technical Housing Standards – Nationally Described Space Standards (2015).

The development offers no suitable mitigation of the in-combination effect of the net increase of one dwelling on habitats and species in accordance with the Conservation of Habitats and Species Regulations (2017), as identified in the adopted Essex Coast Recreational Disturbance Avoidance and Mitigation Strategy Supplementary Planning Document (2020). This is unacceptable and contrary to the National Planning Policy Framework (2023), Policies KP1, KP2 and CP4 of the Core Strategy (2007), Policy DM6 of the Development Management Document (2015) and the guidance contained within the Essex Coast Recreational Disturbance Avoidance and Mitigation Strategy Supplementary Planning Document (2020), which seek to protect the designated habitats and species with specific reference to the coastal environment.