Southend Council could order owner to tear down extension

Despite not having permission from Southend Council, the owner of the flat in Palmeira Avenue, Westcliff, built a first-floor extension by enclosing the existing balcony.

Southend Council became aware in January 2022 following a series of complaints about building working taking place.

The homeowner later applied for retrospective planning permission, however this was rejected.

Now, Southend Council is considering taking enforcement action to order the resident to remove the walls built around the balcony.

The flat sits within a conservation area and the council fears the historic nature of the balcony has been lost.

Richard Longstaff, councillor responsible for the Leigh ward, said: “We have planning laws to abide by to control the type of development we want to see in our towns and cities.

“These are especially stringent within conservation areas and local planning authorities have a duty to uphold planning law to protect visual amenity and unlawful development.

“I would always advice seeking professional advice before investing time and money in a development project.”

The report will be discussed at the council’s next development control committee meeting on April 3.

Councillors have been recommended to approve taking enforcement action.

The report states: “Historically, a balcony belonging to the first floor flat was also present although this has since been enclosed and this forms the basis of this enforcement case. Rear balconies are a characteristic feature of the immediate rear scene of this and neighbouring dwelling.

“It is recommended that to authorise enforcement action.

After plans were rejected, the homeowner also lodged an appeal with the Government’s planning inspectorate, however this was also rejected.

The unauthorised development was found to be “unacceptable in terms of its impact on the character and appearance of the site” and “detrimental to the area including the significance of the Conservation Area”.