Decisions

Part 3, Schedule 1 - Functions not to be the responsibility of an Authority's Executive. The discharge of the Town

There has been a breach of planning control as to the change of use of former countryside alongside a public right of way. Associated 1.9 metre fencing forms part of the development. Planning Permission is required. The householder has been advised that they have the ability to make a planning application to retain the development but have now declined to do so. A harm assessment exercise has taken place and scores as the development as under 6 and thus eligible for no further formal action to be taken. Additionally it is considered that planning permission would have been forthcoming had a retrospective planning application for the development been made. As a consequence a report has been made to a senior officer who has agreed that the case should be closed and that no further formal action should be taken.

To appoint Cornerstone Barristers (Thomas Cosgrove) to act as Lead Barrist on behalf of TDC to include attendance at the Public Inquiry, all preparation of work and attendance at meetings.

The Council's Legal Team supplied a choice of Barristers for this role but Thomas Cosgrove was the most experienced (being a silk) and has a strong track record of success.

NMR is the incumbent contractor whose tender prices for this contract have matched the previous contract costs, which fixed for the duration of this contract offers the authority value for money. NMR previously provided a well-balanced, value for money and efficient service and this met with the authority's operational requirements.

To award the abandoned vehicle contract to National Metal Recycling (NMR) Ltd for an initial period of two years with an option to extend for a further 2 years. Contract to commence on 25th March 2019.

Part 3, Schedule 1 - Functions not to be the responsibility of an Authority's Executive.
The discharge of the Town

No further action needed. Case closed.

Part 3, Schedule 1 - Functions not to be the responsibility of an Authority's Executive.
The discharge of the Town

No further action needed. case closed.

Part 3, Schedule 1 - Functions not to be the responsibility of an Authority's Executive.
The discharge of the Town

No further action needed. case closed.

Part 3, Schedule 1 - Functions not to be the responsibility of an Authority's Executive.
The discharge of the Town

No further action needed. case closed.

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive.
The discharge of the Town

To grant permission to reduce crown on 1 No. Oak

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive.
The discharge of the Town

To grant permission to reduce 1 No. Oak

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive.
The discharge of the Town

To grant permission to reduce 1 No. Lawsons Cypress and remove 1 No. Sycamore

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive.
The discharge of the Town

To grant permission to reduce 2 No. Holm Oaks

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive.
The discharge of the Town

To grant permission to remove 1 No. beech, 1 No. Tree of Heaven and remove some stems from 1 No. Meribelum Plum.

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive.
The discharge of the Town

To grant permission to fell 1 No. Lime

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive.
The discharge of the Town

To grant permission to reduce 1 No. Holm Oak, raise crown and trim 1 No. Oak, reduce 1 No. Holly

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive.
The discharge of the Town

1 No. Oak - To grant permission to reduce to previous cutting points.

Part 2, Schedule 1 - Functions not to be the responsibility of an Authority's Executive.
The discharge of the Town

No further action needed. case closed.

Part 3, Schedule 1 - Functions not to be the responsibility of an Authority's Executive.
The discharge of the Town

No further action needed. case closed.

Part 3, Schedule 1 - Functions not to be the responsibility of an Authority's Executive.
The discharge of the Town

No further action needed. case closed.

Part 3, Schedule 1 - Functions not to be the responsibility of an Authority's Executive.
The discharge of the Town

No further action needed. Breaches of Planning Control resolved – Notice met case closed.

Ms A McCready - Personal Licence Grant
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted
for authority to issue under Delegated Powers.

Granted

Temporary Event Notice
Harwich Skate Rink, 8 Wick Lane, Dovercourt, Harwich, CO12 3TA
Essex Police and Environmental Department have been consulted with on 18/02/2019

Granted

Temporary Event Notice
Claasical Music Concert
Church of All Saints
Essex Police and Environmental Services have been consulted with on 26/02/2019

Granted

Fusilier Bar and Restaurant
Aingers Green Road, Aingers Green, Great Bentley, CO7 8NH
All relevant Responsible Authorities have been notified of this application on 21 January 2019 and no representations have been received
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted
for authority to issue under Delegated Powers.

Granted

Premises Transfer and DPS Variation
Sailor Boy Café, Beach Road, St Osyth, CO16 8TB
Confirmed that no representation was received in respect of this application and that the application for the variation of Designated Premises Supervisor has accordingly been processed and all parties notified as required by the Act.

Granted

Personal Licence Grant - TDX2133
Mr C James
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted for authority to issue under Delegated Powers.

Granted

Miss S A De'Ath
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted for authority to issue under Delegated Powers.

Granted

Temporary Event Notice
Members Pay Bar
Lawford House Farmhouse
Essex Police and Environmental Services have been consulted with on 26/02/2019

Granted

Temporary Event Notice
Department Stores, 79-83 Connaught Ave, Frinton
Essex Police and Environmental Services have been consulted with on 01/03/2019

Granted

MS Society Clacton and District Group
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted for authority to issue under Delegate Powers.

Granted

Clacton Carnival Association
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted for authority to issue under Delegated Powers.

Granted

Street Collection Permit
Harwich and District Christian Aid Group
C/O Ms C Jarrett, 48 Holyrood, Dovercourt, CO12 4TX
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted for authority to issue under Delegated Powers.

Granted

Classical Music Concert
The Homestead, 43 Second Avenue, Frinton on Sea, CO13 9ER
Essex Police and Environmental Department have been consulted with on 26/02/2019.

Granted

Mr C Scutt
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted
for authority to issue under Delegated Powers.

Granted

Miss K Oughton
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted
for authority to issue under Delegated Powers.

Granted

HCV Grant
Mr J Reynolds
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted for authority to issue under Delegated Powers.

Granted

Mrs S Hall
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted
for authority to issue under Delegated Powers.

Granted

Mrs S Ribchester
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted
for authority to issue under Delegated Powers.

Granted

Mr E Goncalves - T173
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted for authority to issue under Delegated Powers.

Granted

Ms Y Catania
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted
for authority to issue under Delegated Powers.

Granted

Mr D Lingley
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted
for authority to issue under Delegated Powers.

Granted

Mr M Mead - T118
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted for authority to issue under Delegated Powers.

Granted

Mr M Pawilcz - T051
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted
for authority to issue under Delegated Powers.

Granted

Mr M Skinner - T195
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted
for authority to issue under Delegated Powers.

Granted

Mr D Hicks - T045
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted for authority to issue under Delegated Powers.

Granted

Mr N Duffy - T174
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted
for authority to issue under Delegated Powers.

Granted

Mr M Taylor - T200
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted for authority to issue under Delegated Powers.

Granted

Mr M Stobbs - Street Trading Permit to allow trading for Meat, Game, Poultry, Meat By-Products and Eggs.
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted for authority to issue under Delegated powers.

Granted

Mr A C Cornell - 033
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted for authority to issue under Delegated Powers.

Granted

Dovercourt Haven Caravan Park
Low Road, Dovercourt, CO12 3TZ
The Application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted for authority to issue under Delegated Powers.

Granted

Mr L Newson - T111
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted for authority to issue under Delegated Powers.

Granted

Mr M A Mant - T122
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted for authority to issue under Delegated Powers.

Granted

Rotary Club of Clacton on Sea
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. the Licence may, therefore, be granted and is submitted for authority to issue under Delegate Powers.

Granted

Mr K Harvey - T198
The application conforms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted for authority to issue under Delegated Powers.

Granted

Premises Licence Grant
The 1912 Centre, Kings Quay Street, Harwich, CO12 3ES
All relevant Responsible Authorities have been notified of this application on 27 January 2019 and no representations have been received.
The application confirms with all Statutory and Local Authority requirements and all consultations have been undertaken where required. The Licence may, therefore, be granted and is submitted for authority to issue under Delegated Powers.

Granted

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive. The discharge of the Town

To grant planning permission for 19/00016/FUL

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive. The discharge of the Town

To refuse planning permission for 19/00006/FUL

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive. The discharge of the Town

To grant planning permission for 19/00070/FUL

Following the approval of the Flag Flying protocol at Full Council on 11 September 2018 (minute 71 refers) it has become necessary to prepare a general protocol which covers requests to the Council to promote various charities, causes and campaigns.
A framework for local decision making in respect of promotion provided would assist in the determination of any additional requests.
A protocol has therefore be prepared and agreed to govern requests to promote charities, causes and campaigns.

That the Promotion of Charities, Causes and Campaigns Officer Protocol, as set out in Appendix A to the report, be approved and adopted.

Debt collection for unpaid PCN's is an essential component of operating decriminalised parking enforcement under the TMA 2004. Debt collection services produce different results in terms of % collection and have slightly different business practices within the constraints of their professional code of conduct and the law. It is prudent to periodically seek quotation for services under competition.

To appoint Marston (Holdings) Ltd as the debt collection service for unpaid PCN's issued under the Traffic Management Act 2004 by Tendring District Council

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive. The discharge of the Town

Deed of Variation relating to the Section 106 Agreement for application 14/01823/OUT is attached and can be found in the documents section of 14/01823/OUT and 15/00041/REFUSE on Public Access. Scanned version of S106 agreement also available under reference 15/00041/REFUSE.

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive.
The discharge of the Town

Grant advertisement consent

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive. The discharge of the Town

To grant planning permission for 18/01705/FUL

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive.
The discharge of the Town

To grant permission to remove 1No. Pear Tree.

To grant planning permission for 19/00044/FUL

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive.
The discharge of the Town

To approve planning permission for 18/01786/FUL

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive.
The discharge of the Town

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive. The discharge of the Town

to grant planning permission

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive. The discharge of the Town

to grant planning permission

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive. The discharge of the Town

To grant planning permission

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive. The discharge of the Town

To grant advertisement consent

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive. The discharge of the Town

To grant advertisement consent.

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive. The discharge of the Town

To grant planning permission for application 19/00083/FUL

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive. The discharge of the Town

to determine that prior approval is not required

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive. The discharge of the Town

To determine that prior approval is not required.

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive. The discharge of the Town

To determine prior approval is required

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive. The discharge of the Town

To Grant planning permission for an non-material amendment application - 19/00222/NMA

TDC Legal team provided a choice of Barristers for this role but Cornerstone Barristers (Thomas Gosgrove) was the most experienced and has a strong track record of success.

To appoint Thomas Cosgrove (Cornerstone Barristers) to act as lead Barrister at Public Inquiry on behalf of Tendring District Council to include attendance at the Public Inquiry, all preparation work and attendance at necessary meetings.

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive.
The discharge of the Town

Grant planning permission

A number of nearby residents have complained to the Council about trees from the wood overhanging their private gardens.

To obtain Tree Preservation Order consent to carry out crown lifting of trees in Turpins Hall Wood, Frinton-on-Sea

There are currently a number of Armed Forces Associations memorial stones located in this garden. The current RMA memorial is a metal sign on a wooden pole.

To allow the North East Essex Royal Marines Association (RMA) to supply and fit a memorial stone in the Sunken Garden at Clacton sea front during the summer of 2019.

To enable development to be carried out in accordance with Planning Permission 11/00746/FUL – Permanent erection of polyrtunnels for horticultural use. Land at Morrow Lane, Ardleigh, Essex

The diversion of part of Footpaths 10 and 11.

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive. The discharge of the Town

Prior approval not required for 19/00010/COUNOT

Five members of staff raised a Collective Employment Tribunal application relating to the changes to allowances and the introduction of the new Allowances Policy introduced in April 2018. Working via ACAS and Employment Solicitors one member of staff withdrew their claim and the remaining four entered into COT3 agreements with the Council. The contents of the COT3 agreements are confidential.

The decision to enter into the COT3 agreements was made by the Chief Executive and Head of People, Performance and Projects. The Corporate Director, Operational Services and the relevant service manager were also supportive of the decision to enter into the COT3 agreements.

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive.
The discharge of the Town

To grant planning permission 18/01985/FUL

Part 3, Schedule 1 - Functions not to be the responsibility of an Authority's Executive.
The discharge of the Town

This was an unacceptable change of use due to the impact on a primary shopping area and an area where new buildings via redevelopment are to be encouraged via the Tendring District local plan 2007. Issues of visual impact arose. The operation prevented redevelopment of the site which has already secured planning permission.
An Enforcement Notice under the Town And Country Planning Act 1990 was issued on 3rd September 2018. This was not appealed. The use of the site for the sale of fruit and vegetables ceased some time ago but the “portakabin” type building associated with the use remained. This has now gone. The use of the site as a public car park has also ceased. Some small informal parking of cars for local businesses has been observed but the site is kept padlocked and this would not warrant further formal action at this stage. The Enforcement Notice runs permanently with the land.
In these circumstances it has been agreed that the case should now be closed

Part 3, Schedule 1 - Functions not to be the responsibility of an Authority's Executive.
The discharge of the Town

No further action needed. case closed.

Part 3, Schedule 1 - Functions not to be the responsibility of an Authority's Executive.
The discharge of the Town

No further action needed. case closed.

Part 3, Schedule 1 - Functions not to be the responsibility of an Authority's Executive.
The discharge of the Town

No further action needed. Breaches of Planning Control resolved. Notice met case closed.

Part 3, Schedule 1 - Functions not to be the responsibility of an Authority's Executive.
The discharge of the Town

No further action needed. Breaches of Planning Control resolved - Notice met case closed.

Part 3, Schedule 1 - Functions not to be the responsibility of an Authority's Executive.
The discharge of the Town

No further formal action needed. Case therefore closed

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive.
The discharge of the Town

To grant planning permission 19/0001/FUL

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive.
The discharge of the Town

To grant planning permission 19/00012/HHPNOT

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive.
The discharge of the Town

To grant planning permission 19/00053/DEMCON

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive.
The discharge of the Town

To grant planning permission 19/00096/HHPNOT

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive.
The discharge of the Town

To grant planning permission 18/01968/FUL

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive.
The discharge of the Town

To make owner and tenant aware of the condition of the tree and a brief description of the works that are likely to be required to make the tree safe.