A HOMEOWNER is ramping up their fight to keep an outbuilding which has been used as a home for four years without planning permission. 

Southend Council had ordered the owner of the home, in Pavilion Drive, Leigh, to tear down the outbuilding after complaints it was built without approval. 

The council also raised concerns around “poor lighting” and the “substandard size” of the outbuilding.

However, the homeowner has now hit back and has lodged an appeal with the Government’s planning inspectorate in a bid to be overrule the council’s decision and keep it.  

Concern - Outbuilding at rear of 12 Pavilion Drive, in LeighConcern - Outbuilding at rear of 12 Pavilion Drive, in Leigh (Image: Southend Council)


Laurie Burton, councillor for Blenheim Park ward, agreed with the council’s decision to issue enforcement action.

He said: “The planning system is clear.

“Residents need to apply for permission to convert any building into residence.

“I am pleased the council are taking enforcement action and hope the planning inspector sticks with our decision.

“My message to residents is to make sure you have permission first, otherwise these situations arise.”

The applicant claimed they had a right to a lawful development certificate – confirmation the use of the building is lawful – because the outbuilding had been used as a permanent home for four years.

However, council officers disagreed and cited previous uses which showed the building used as an office.

A site visit conducted by staff found a young family were living in the former garage as a two-bed property.

The enforcement action aimed to stop its unauthorised use.

Planning officers stated that “no lesser steps that could remedy the identified breach or associated harm have been identified”.

The planning inspector will now make the final decision following an appeal hearing.