A REJECTED planning application to develop five homes in a single garden will get a second hearing amid claims of unfair treatment.

The plans to develop 195-199 Southbourne Grove, Westcliff, went before Southend Council's development control committee meeting on June 20, when members decided the plans would be unacceptable overdevelopment.

They also felt the modern three-bedroom properties would spoil the character of the street and create a precedent for "backland" development.

Residents submitted a petition and 43 people sent in letters of complaint, including Southend West MP David Amess.

However, the developer is now claiming he did not get the right to respond at the meeting and is exercising his legal right to be heard by the committee.

The developer, named as R Dickens, was not available for comment, but his agent, Greg Wiffen, said he had followed all the council protocol by putting in his request, both written and verbal, ahead of the meeting.

Mr Wiffen, director of Maldon company the Planman, said: "I have never come across this before. Somehow he has got them to repeat it, therefore allowing him to have his turn to speak.

"This is not normal protocol, though, and we are not sure whether the neighbours will get to speak again."

He said there have been no amendments to the original plans.

Peter Catton, of the Southbourne Grove Residents' Association, was annoyed the unchanged application would get another hearing.

He said: "I am not best pleased about it because we do not know what we can say or do about it.

"We have a set of plans which the council totally threw out and now they have been put back on the agenda again."

Lib Dem councillor Graham Longley said it seemed an "unusual" way of handling the matter.

He said: "It is a big embarrassment for the council and frustrating for residents who see some success that is then snatched from them."

Southend Council was contacted for comment, but did not respond.