Change of use and alterations to former public convenience/beach patrol facility and shelter (Sui Generis) to Multi Use Micro Venue (Use Classes E(a), E(c)(iii), E(d), E(g)(ii), F1(b), F1(c), F1€, F2(b) and Sui Generis) and provision of external seating areas and balustrading; new and replacement shutters, cycle parking; refuse storage; repairs to hard landscaping; lighting; external plant and ancillary works.

Earlier on in the meeting, as reported under Minute 75 above, Councillor Alexander had declared that he was one of the Ward Members and that he was pre-determined. He did not sit therefore as a member of the Committee for this item, and he retired from the meeting whilst it was determined but exercised his right as a Ward Member to speak on the application.

 

Also, as reported under Minute 75 above, Councillor Griffiths, who was present in the public gallery, had declared that he was also one of the Ward Members and that he would speak on the application in that capacity.

 

Members were informed that the application was before the Committee because the land was owned by Tendring District Council.

 

The Committee also heard that the application proposed various improvements works to bring the existing structures back into beneficial use for a variety of commercial, community and public uses. Subject to conditions the proposal was considered by Officers to be acceptable in relation to impact upon heritage assets, drainage, flood risk, highway safety, and visual and residential amenity.

 

The Committee had before it the published Officer report containing the key planning issues, relevant planning policies, planning history, any response from consultees, written representations received and a recommendation of approval.

 

At the meeting, an oral presentation was made by the Council’s Planning Officer (CC) in respect of the application.

 

An Officer Update sheet had been circulated to Members prior to the meeting which informed the Committee as follows:-

 

“Consultee comments received

 

ECC Ecology

 

Raise no objection subject to conditions securing implementation of the mitigation measures in the Ecological Appraisal and Preliminary Roost Assessment, and the submission and approval of a Biodiversity Enhancement Strategy. They also confirm support for the submitted lighting specification.

 

Natural England

 

No objection and consider that the proposed development will not have significant adverse impacts on statutorily protected nature conservation sites or landscapes.

 

Update to Paragraph 9 Recommendation

 

As no objections have been received from ECC Ecology and Natural England the recommendation is amended to:

 

Recommendation: Approval

 

1. That the Head of Planning and Building Control be authorised to grant planning permission

subject to the conditions as stated at paragraph 9.2 as included/amended on the update sheet, or varied as is necessary to ensure the wording is enforceable, precise, and reasonable in all other respects, including appropriate updates, so long as the principle of the conditions as referenced is retained; and provided no objections are received from Essex County Council Ecology and Natural England. And,

 

2. The informative notes as may be deemed necessary.

 

Or;

3. That in the event of an objection being received from Essex County Council Ecology and /

or Natural England that the grant of planning permission will be withheld pending the return

to the Planning Committee of a revised report and, if necessary, revised recommendations

for either the imposition of planning conditions or for the overall decision to be taken again

by Members of the Planning Committee.

 

Paragraph 9.2 Update to Conditions

 

Condition 3 Heritage Repair Schedule amended

 

Following submission of the Schedule of Works, ECC Heritage have confirmed no objection and are now content for this matter to be secured by way of a compliance condition. Condition 3 has therefore been amended and the Schedule of Works added to the Approved Plans Condition as set out below to ensure full compliance.

HERITAGE REPAIR SCHEDULE

3. CONDITION; A repair schedule for the hut and covered shelter, including a method statement, shall be submitted to and approved in writing by the Local Planning Authority prior to the repair works on site. The works shall be implemented in accordance with the approved schedule and shall be permanently maintained as such.

3. CONDITION: The hereby approved works to the Hut and Covered Shelter shall be implemented in full accordance with the Schedule of Works received 16.03.2026 and shall be permanently maintained as such thereafter.

REASON; In the interests of preserving the heritage significance and historic fabric of the buildings and the wider Conservation Area.

Condition 2 – Amended to include Schedule of Works

 

APPROVED PLANS & DOCUMENTS

 

CONDITION: The development hereby permitted shall be carried out in accordance with the drawings/documents listed below and/or such other drawings/documents as may be approved by the Local Planning Authority in writing pursuant to other conditions of this permission or such drawings/documents as may subsequently be approved in writing by the Local Planning Authority as a non-material amendment following an application in that regard

 

-       Drawing No. 0000 - Site Plan - Received 12.01.2026

-       Drawing No. 0002 - Proposed Block Plan - Received 12.01.2026

-       Drawing No. 2000 - Beach Patrol - Proposed Ground Floor Plan – Received 12.01.2026

-       Drawing No. 2001 - Beach Patrol - Proposed First Floor Plan - Received 12.01.2026

-       Drawing No. 2002 - Covered Shelter - Proposed Ground Floor Plan - Received 12.01.2026

-       Drawing No. 2003 - The Hut - Proposed Ground Floor Plan - Received 12.01.2026

-       Drawing No. 2010 - Beach Patrol - Proposed South East and South West Elevations Received 12.01.2026

-       Drawing No. 2011 - Beach Patrol - Proposed North East and North West Elevations Received 12.01.2026

-       Drawing No. 2012 - Covered Shelter - Proposed South Esat Elevation – Received 12.01.2026

-       Drawing No. 2013 - The Hut - Proposed South East Elevation - Received 12.01.2026

-       Iguzzini Down Lighter - Received 06.01.2026

-       Iguzzini Receipt - Received 06.01.2026

-       Electrical Installation Condition Report - Received 06.01.2026

-       Flood Risk Assessment - Received 06.01.2026

-       Planning, Design, Access and Heritage Statement - Received 06.01.2026

-       Preliminary Ecological Appraisal - Received 06.01.2026

-       Tier 1 Desk Study Report (1)- Received 06.01.2026

-       Tier 1 Desk Study Report (2) - Received 06.01.2026

-       Visual Structural Inspection Report - Received 06.01.2026

-       Preliminary Roost Assessment - Received 09.01.2026

-       Schedule of Works – Received 16.03.2026

 

REASON: For the avoidance of doubt and in the interests of proper phased planning of the development.

 

NOTE/S FOR CONDITION:

 

The primary role of this condition is to confirm the approved plans and documents that form the planning decision. Any document or plan not listed in this condition is not approved, unless otherwise separately referenced in other conditions that also form this decision. The second role of this condition is to allow the potential process of Non Material Amendment if found necessary and such future applications shall be considered on their merits.

 

Please note in the latest revision of the National Planning Policy Framework (NPPF) it provides that Local Planning Authorities should seek to ensure that the quality of approved development is not materially diminished between permission and completion, as a result of changes being made to the permitted scheme (for example through changes to approved details such as the materials used). Accordingly, any future amendment of any kind will be considered in line with this paragraph, alongside the Development Plan and all other material considerations.

 

Any indication found on the approved plans and documents to describe the plans as

approximate and/or not to be scaled and/or measurements to be checked on site or similar, will not be considered applicable and the scale and measurements shown shall be the approved details and used as necessary for compliance purposes and/or enforcement action.

 

Additional Conditions

 

14 ACTION REQUIRED IN ACCORDANCE WITH ECOLOGICAL APPRAISAL RECOMMENDATIONS

 

CONDITION: All mitigation measures and/or works shall be carried out in accordance with the details contained in the Ecological Appraisal and Preliminary Roost Assessment as submitted with the planning application.

 

This may include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW) to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details and maintained as approved thereafter.

 

REASON: To conserve protected and Priority species and allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 (as amended) and s40 of the NERC Act 2006 (as amended).

 

15 PRIOR TO ANY WORKS ABOVE SLAB LEVEL: BIODIVERSITY ENHANCEMENT STRATEGY

 

CONDITION: Prior to any works above slab level, a Biodiversity Enhancement Strategy for protected, Priority and threatened species, prepared by a suitably qualified ecologist, shall be submitted to and approved in writing by the local planning authority.

 

The content of the Biodiversity Enhancement Strategy shall include the following:

a) Purpose and conservation objectives for the proposed enhancement measures;

b) detailed designs or product descriptions to achieve stated objectives;

c) locations of proposed enhancement measures by appropriate maps and plans (where relevant);

d) persons responsible for implementing the enhancement measures; and

e) details of initial aftercare and long-term maintenance (where relevant).

 

The works shall be implemented in accordance with the approved details and shall be retained in that manner thereafter.

 

REASON: To enhance protected, Priority and threatened species and allow the LPA to discharge its duties under paragraph 187d of NPPF 2024 and s40 of the NERC Act 2006 (as amended).”

 

Lee Heley, on behalf of the applicant, spoke in support of the application.

 

Councillor Griffiths, one of the local Ward Members, spoke in support of the application.

 

Councillor Alexander, the other local Ward Member, spoke in support of the application.

 

Matters raised by Members of the Committee:-	Officer response thereto:-
Could there be a provision for a public convenience?	It is considered acceptable to get rid of them in that there are some next to Martello Lounge further along. It was deemed enough in this case.
Are there any public conveniences on the pier?	There are some just next to the Martello Lounge.
Do you find the public conveniences adequate?	Yes, the Officer has.
Do you find the lack of lighting to be a cause of any Anti-Social Behaviour?	Adding lighting does not mean it solves a problem, but it anticipates the problem more on the basis that Members are encouraging gatherings to take place under that lighting. There were discussions with the prime Officer in respect of not encouraging further lighting. There is some lighting in respect of this proposal in terms of down lighters in the building itself but there is not a proposal before Members to consider in respect of lighting. If Members want to add that, it means Members are adding to the proposal something that is not already there.
Would it be worth having a lighting survey done at some point on the slopes?	That is not part of the application before Members. That is on the area outside the red line plan. It is currently a public right of way and something that has been there for a long time.
Is there any enhancement that could be proposed to make it a better journey for wheelchair users?	There are changes proposed to the steps and handrails as well as the hard surfacing but not to the slopes themselves as that is not part of this application site.
Can Officers look at that again to make it a better journey for wheelchair users?	This is a Council development, and Members could wish to encourage the informative that will be added. Any building works here would also need to comply with building regulations in respect of access as well.

 

It was moved by Councillor Fowler, seconded by Councillor Goldman and unanimously:-

 

RESOLVED that:-

 

1)    the Head of Planning and Building Control be authorised to grant planning permission subject to the conditions as stated at paragraph 9.2 of the Officers’ report (A.4), the Officer Update Sheet, the added informative for the applicant to consider any further lighting and disability access requirements for the development and immediate area to promote security and safety, or varied as is necessary to ensure the wording is enforceable, precise, and reasonable in all other respects, including appropriate updates, so long as the principle of the conditions as referenced is retained; and

 

2)    the sending of any informative notes to the applicant as may be deemed necessary.