OUTRAGED homeowners say they will fight a council “to the bitter end” after being threatened with eviction if they continue to live in their chalets during the winter.

Tendring Council’s planning committee has approved plans to allow enforcement action against residents who breach occupancy rules by staying in their homes between November and February.

A review was undertaken at seven caravan and chalet parks in flood risk zones across the Tendring district.

Action is being recommended as a priority at Point Clear Bay, Bel Air in St Osyth, and at Clear Springs in Dovercourt.

But more than 30 residents in the Point Clear Bay area argue their brick-built chalet homes are freehold properties and they should not be treated the same as people living on holiday estates.

The issue is complicated by the fact that some people are allowed to stay in their homes all year, while neighbours in identical properties are not.

Following the decision, Mandy Kelly, of Colne Way, said: “The residents that are being threatened with eviction will take this matter to higher authorities.

“We will not be evicted from our homes. We will fight this to the bitter end.”

She told the committee a precedent had been set in 1990 when a planning inspector granted full residency on five properties in Colne Way.

“Since that time, approximately two-thirds of properties in Colne Way have been lived in all year round,” she said. “Therefore, the council cannot evict the residents of 32 properties over flood risk, but allow the residents of approximately 80 properties to continue living in the same area with the same flood risk.

“It is discrimination and a violation of our human rights “This is our only property, our main residence – this is not our holiday home.”

Ward councillor Michael Talbot said planning bosses were proposing “aggressive action” based on 58-year-old planning conditions and called for Point Clear Bay to be treated separately to other sites in the review.

Conditions were imposed following the tragic 1953 flood disaster, but residents claim sea defences and warning systems have improved since then.

“These properties are not at all like the other properties, lumped in with them in this report,” said Mr Talbot.

“A 58-year-old condition should not be allowed to deprive these residents of their right to a peaceful life, their children’s school, their doctor’s surgery and, for one, her parish council seat.”

Head of planning Cath Bicknell said the main concern was the safety of residents in the flood risk zone.

“It can seem illogical that action could be taken against one property, but not against the neighbouring property,” she said.

“However, where there is no breach the council cannot take action. But where there is a breach, then the local planning authority should follow the guidance from Government.

“Clearly, our first step would be to try to get an informal resolution to the problem and only use enforcement action as a last resort, “We are not trying to undertake aggressive action – and there is a right of appeal.”