The owner of Nude Dunes at La Pulente has been ordered to stop using the former restaurant as a home by October.
The Government’s regulation team has also issued a second enforcement notice against the owner of the former restaurant for erecting “a modular building and wooden fence”.
Planning claims the building was constructed without the appropriate consents.
Concerning the residential unit, the notice states: “The development results in the discontinuation of a daytime and evening economic use, outside the built-up area, which was widely available to the public, and introduces an alternative private use which is not.
“No evidence is present to justify the loss of such a use. The importance of public use in this area is amplified by the land designations of Protected Coastal Area and Coastal National Park.
“For this reason, the development is considered not to be in the wider community interest and is contrary to Policy ER4, SP4 and SP5 of the Bridging Island Plan 2022.”
These policies in the Bridging Island Plan – which is the rulebook against which all planning decisions are based – refer to what is permitted for economic use, protecting the island’s identity and protecting the natural environment.
The notice adds: “The conversion of an existing building (non-traditional) for private residential use, outside the built-up area and within the Coastal Protection Zone, without sufficient justification, is not supported by the Bridging Island Plan 2022.
“The development introduces housing outside of the built-up area without justification and privatises a site within the Coastal Protection Area and Coastal National Park. The development challenges elements of the land designations core purpose and character.”
The second enforcement notice states: “The development, by virtue of its prominent siting, materials and design, is at odds with that of the host building, whilst being extremely visible and located within the Protected Coastal Area and Coastal National Park.
“The development introduces a poor quality, contrived and alien feature to the subject site, which conflicts with the host building, harming the character and appearance of the site and wider surrounding area.
“This harm is exacerbated by the developments prominent siting within a protected land designation, with important coastal views and vistas, to which the development fails to protect or improve.”
In terms of remedy, the first notice says the site must not be used for residential use and gives two months for compliance, from 7 August.
The second notice demands the removal of the “modular building”, the wooden fence and “resultant debris and materials”, again, within two months from 7 August.
The enforcement notices are the latest chapter in a long-running saga at the site, which began in 2014, when the States sold the toilet block that once stood there to a private developer.
The current building, which featured as a high-end social club in the first season of the Bergerac reboot, was opened in June 2023 but closed just five months later, after Nude Food, the business which ran the restaurant, went into administration.
Since then, the owner of the property, Nadia Miller, has applied unsuccessfully to convert the majority of the building into self-catering holiday accommodation.
Planning launched an investigation this July following claims that Nude Dunes was being used for residential purposes.
That month, Ms Miller appealed against her planning refusal – and called for the reappointment of the inspector who had previously recommended the plans be approved.
An earlier application to provide tourist accommodation at Nude Dunes spurred a protest of around 300 people on La Pulente beach in July last year.