Decisions

Licence renewal application to hire out horses received from P Major, Monty’s Equestrian Centre, Brook Farm, Nansen Road, Holland-on-Sea, Essex CO15 5EF

Granted Licence Renewal.

Licence renewal application to Home Board Dogs received from Mrs G Davey, Gemma’s Retreat Services, White House, Bromley Road, Ardleigh, Colchester, Essex CO7 7SH

Granted Licence Renewal.

Licence renewal application for hiring out horses received from T Wicks, Longmead Riding Centre, Parsons Hill, Great Bromley, Colchester, Essex CO7 7JF

Granted Licence Renewal.

To continue with existing accreditation to support the delivery of apprenticeships throughout the year.
Procurement procedure rules
2.1 Exemption from procurement rules
(e) Where the work is of a specialist nature and the Corporate Director/Head of Department can demonstrate that is it not possible to obtain more than one quotation or tender.

To seek an exemption from the Council's procurement rules to enable use of existing awarding body Pearson for ongoing supply of certification and examination delivery (£20,000 excluding vat).

To re-appoint Pearson as the awarding body for Career Track certification and examination delivery.

The Council is required to understand housing needs for the extended Local Plan period and to fully explore the avenues that might justify the exceptional approach of departing from the Standard Methodology set out in Government guidance.
Due to the sensitivities around this piece of work, it is imperative to award this work to a company without a conflicting interest and with a knowledge of the unique demographic and economic factors that have influenced objectively-assessed housing need calculations previously

To procure an advice note from Rapleys & HDH Planning.

To apply an exemption from the Procurement Procedure Rules due to the specialist, technical nature of the service being provided.

Derek Crossfield House is a supported housing scheme for young people aged 16-25 (single people and couples) who either have care of a baby or are expecting a child. There are 8 self-contained flats plus communal facilities on site including a garden, playroom, kitchen and laundry. All the flats are supplied with a cooker, fridge freezer and carpets
The Council has been providing funding for Derek Crossfield House since 2017. Prior to this, the support elements of the scheme were funded via Essex County Council as part of a wider contract for supported housing services for young persons. However, when this contract was retendered on a reduced scale in 2017, this scheme was no longer able to be supported and the Council has agreed funding on a yearly basis since this date.
Given the type of service offered and the level of ongoing demand, it is the view of officers that funding should be provided for a further year using a proportion of the Homelessness Prevention Grant.
It is likely that the Council would have a statutory duty to provide temporary accommodation for the current and future users of this scheme and that the cost of providing this accommodation would exceed the cost of supporting this facility,

To fund the scheme for a further period of twelve months using funds from the Homelessness Prevention Grant allocation for 2024/25.

To approve amendments to the Housing Complaints Policy in order to meet the requirements of the Housing Ombudsman's revised Complaint Handling Code.

The purpose of this record is to outline all the determinations by Officers under powers delegated by the Council of matters under the relevant licensing statutes for the period 25/03/2023 and 28/03/2023.

The approval, refusal, suspension or revocation of the matter concerned is set out in the attached report.

To proceed with the purchase of a three bedroom house in Ramsey to be added to the Council's housing stock.

To proceed with the purchase of a three bedroom house in Manningtree to be added to the Council's Housing stock.

The service has reviewed its fees and charges for leisure, with proposed increases broadly reflecting expected inflationary increases in the cost of providing the associated service e.g. staff costs along with supporting emerging cost pressures within the facilities.
Leisure services require subsidy with the proposed fee increases in this report, supporting towards ensuring the cost to the public purse remaining within the agreed framework, set out annually by Full Council. The Council is operating its Sports Facilities in line with the Council’s emerging Sport and Activity Strategy to support the health and wellbeing of residents and the wider benefits provided to the wider community. This also includes supporting national strategic agendas, as set out by DCMS and Sport England, which the Council’s emerging strategy underpins. As highlighted in the attached report, the increase in fees and charges will also support additional, emerging cost pressures which relate directly to the Council’s Sports Facilities. This includes some urgent items to ensure the Council can provide services at Clacton Leisure Centre. Without these essential repairs taking place, there is a possibility of an interruption to the service.
Income from fees and charges form an important element of the budget and the financial sustainability of the Council as set out in the long term forecast.
Similarly to previous years, Departments have been asked to review their fees and charges on an individual basis as changes may need to be made to meet specific aims or strategic objectives or in some cases in response to external factors such as market forces.
The review of fees and charges has been set against the following key principles:
•general inflationary increases where possible or lower where appropriate / justified
•amounts rounded for ease of application, which may result in a slightly above inflation increase.
•on a cost recovery basis as necessary
•reflect statutory requirements.
•increases where market conditions allow
•to meet specific priorities or service delivery aims / objectives
As highlighted earlier in the attached report, the Council continues to face a number of significant financial challenges in 2024/25 and beyond. It is therefore important that fees and charges are considered against this context and to maximise income opportunities where possible, albeit whilst balancing the various issues highlighted above.
Income budgets included in the detailed estimates will reflect any required changes from the proposed fees and charges set out in the attached report.
The Council does not provide its leisure facilities as a business activity, but for the purpose of supporting residents to increase levels of physical activity, to contribute towards health and wider social benefits.

To implement a revised set of fees and charges for the Sport and Leisure Service, as set out in the accompanying report and detailed pricing spreadsheets (Sport Facilities Fees and Charges and Princes Theatre Fees and Charges 2024-25). The full pricing structure is published together with this decision.
These fees and charges will be implemented from 1st April 2024* and the list of services covered are as follows:
-Sports Facilities
-Princes Theatre Hire Charges
*Note : Membership charge increases, will not be implemented on 1 April with the other fees and charges, but as follows:
8th April – Revised Membership Charges will apply for new customers.
1st May – Revised Membership Fees will be implemented for existing Members.
This is due to providing sufficient notice periods for customers.

The Portfolio Holder for Leisure and Public Realm concurred with the Assistant Director (Economic Growth and Leisure)'s decision.

Part 3, Schedule 3 – Responsibility for Executive Functions delegated to Officers paragraph 4.3 (1) – the Corporate Director has delegated authority to discharge executive functions within their respective service areas (Part 3.38). All delegations are subject to consultation where considered appropriate in the circumstances (paragraph 4.3 (4(ii) – Part 3.39).
The Corporate Director (Operational Services) has delegated authority by virtue of Cabinet 15th July 2022 decision number 41:
“That Cabinet approves the use of £0.900m from the funding received from Local Health Partners to deliver the improvements set out later on in this report, along with a delegation to the Director for Operations and Delivery to implement the associated schemes and projects in consultation with the Portfolio Holder for Housing”
Cllr Paul Honeywood as the then Housing Portfolio Holder agreed on 26th August 2022 to:
a)The commencement of the Jaywick Sands Healthy Housing Initiative including the recruitment of appropriately qualified staff and that subject to the success implementation of Phase 1;
b)the Phase 2 and 3 projects commence to improve the management of waste and increase the prevalence of recycling in Jaywick Sands and to improve the appearance of council owned land in the area.
As part of Phase 2 of the overall project, to undertake a community week of action in Jaywick Sands from 18th – 22nd March 2024 with a focus on tidying up the area including the provision of free skips for residents to dispose of their waste.
Community volunteers and council officers will undertake clearance of accumulated waste in public areas and council owned open space.
To commit a budget of up to £30k from the £900k allocation approved on 15th July 2022 by Cabinet to cover the hire of skips, specialist equipment and light refreshments for officers and volunteers.

Jaywick Sands Community Week of Action.

To commit a budget of up to £30k from the £900k allocation approved on 15th July 2022 by Cabinet to cover the hire of skips, specialist equipment and light refreshments for officers and volunteers.

This decision has been taken by the Corporate Director in consultation with the Portfolio Holder for Housing & Planning.

To publish the fees and charges to be levied by functions within the Partnerships Directorate.

To charge fees as set out within this report

To request that the Assistant Director (Housing & Environment), in consultation with the Portfolio Holder for Housing, exercise his delegated power to make applications, where appropriate, to Homes England for the waiver of Designated Protected Areas made under the Leasehold Reform Act 1967 and the Housing (Right to Enfranchise) (Designated Protected Areas) (England) Order 2009.

That, in accordance with the decision of the Council’s Cabinet on 17 June 2022 (minute 24 (d) refers), the Assistant Director (Housing & Environment) make an application to Homes England for a Designated Protected Area Waiver in relation to a request received from Sage Homes relating to a development in Halstead Road, Kirby Cross.

To agree to accept funding from the Health Alliance to accept £15,000 to fund a STEAM (Science , Technology, Engineering, Arts and Maths) Event for children in Year 6 to meet with businesses in the local area. The funding is primarily to transport the children to and from school and pay for materials at the event. The funding is from this year's NHS budget.
If the funding is not accepted it is unlikely that the planned event in July 2024 will be able to take place.
This decision has involved consultation and agreement by the Portfolio Holder, Partnerships (21 March 2024)

To accept funding (£15,000) from the North East Essex Health

On 6 October 2023 Cabinet considered a report titled ‘Levelling Up Fund and Capital Regeneration Projects - Progressing the Projects to Planning Permission’. As part of that report, Cabinet delegated authority to the Corporate Director Place and Economy in consultation with the Portfolio Holder for Economic Growth, Regeneration and Tourism to procure appropriate resources and commission a project team to carry out the associated work including for the design briefs.

To enter into a contract with Pellings LLP (company registration number OC326178, subsidiary of RSK Group Ltd) for the provision of Employers Agent and Quantity Surveyor services for the Carnarvon Terrace project which is being delivered as part of the wider Clacton Civic Quarter Levelling Up Fund scheme, and for the Homes in Dovercourt project, which is being delivered as part of the Dovercourt Town Centre Improvement Corridor scheme.
The services have been procured via the Quotation Rules as set out in Tendring District Council’s constitution, and have a total cost of £109,564 (Carnarvon Terrace) and £68,262 (Homes in Dovercourt) plus VAT

On 6 October 2023 Cabinet considered a report titled ‘Levelling Up Fund and Capital Regeneration Projects - Progressing the Projects to Planning Permission’. As part of that report, Cabinet delegated authority to the Corporate Director Place and Economy in consultation with the Portfolio Holder for Economic Growth, Regeneration and Tourism to procure appropriate resources and commission a project team to carry out the associated work including for the design briefs.

This appointment allows the ‘rights of light’ aspect of the design briefs to be progressed.

To enter into a contract with Conran and Partners (company registration number 02354408) for the Carnarvon Terrace project which is being delivered as part of the wider Clacton Civic Quarter Levelling Up Fund scheme, and with Pellings LLP (company registration number OC326178, subsidiary of RSK Group Ltd) for the Homes in Dovercourt project, which is being delivered as part of the Dovercourt Town Centre Improvement Corridor scheme, for the provision of Architecture services for both projects mentioned.
The services have a total cost of £187,000 (Carnarvon Terrace) and £62,500 (Homes in Dovercourt) plus VAT.

On 6 October 2023 Cabinet considered a report titled ‘Levelling Up Fund and Capital Regeneration Projects - Progressing the Projects to Planning Permission’. As part of that report, Cabinet delegated authority to the Corporate Director Place and Economy in consultation with the Portfolio Holder for Economic Growth, Regeneration and Tourism to procure appropriate resources and commission a project team to carry out the associated work including for the design briefs.

This appointment allows the ‘rights of light’ aspect of the design briefs to be progressed.

In 2022, the Department for Levelling Up, Housing and Communities committed £257 million funding over a period of two years to enable local authorities to help over 70,000 victims of domestic abuse in England in accordance with their duties under the Domestic Abuse Act 2021. Local authorities would receive £127.3 million in 2023 to 2024 and £129.7 million in 2024 to 2025 with individual allocations calculated according to a national formula.

The allocated funding is given to local authorities for the delivery of their duties and the provision of support services including counselling, financial advice, therapy for children and rehousing.

The funding allocated to the Council for the financial year 2024 – 25 is £34,064.00.

This funding is issued as an un-ringfenced grant to local authorities who are then responsible for making decisions on how the funding is spent to benefit those in need.

To support the continuation of the working relationship with the Government and expectations relating to the spend of the allocated funding, the Council has been required to enter into a Memorandum of Understanding.

To enter into a Memorandum of Understanding to formalise the working relationship and expectations relating to the payment of £129.7 million from the Department for Levelling Up, Housing and Communities (DLUHC) to local authorities in 2024/25 for the purposes of exercising their functions under Part 4 of the Domestic Abuse Act 2021 (‘the Act’) relating to the provision of support to victims of domestic abuse and their children residing within safe accommodation.

To enable the use of tablet technology within Polling Stations to be deployed and for the relative advantage to compliance with franchise requirements and ballot paper accounting to be observed in practice and to inform the Local Returning Officer to determine whether this technology should be deployed at future elections.

The risk to the Council is that it will procure the items for the Local Returning Officer and for this cost not to be reimbursed. This risk is entirely mitigated by the fact that the decision maker has the authority of the Local Returning Officer to draw the funds identified upon production of the invoice from Democracy Counts.

The primary risk to the Local Returning Officer is that the tablet technology does not function in respect of confirming individuals eligible to vote in the election at individual Polling Stations, identify the Ballot Paper Numbers to issue and produce the Marked Registers and Corresponding Number Lists. Through the use of the technology at the Bluehouse Ward By-election on 11 January 2024, the correct operation of the software and hardware was checked in a real life scenario across three Polling Station. This confirmed that there was a low risk of failure. The connectivity test across all 77 Polling Station locations at this election (to be procured through this decision) is to further mitigate this risk.

(1) To acquire from Democracy Counts Limited (the supplier of the Council’s Electoral Management System) the following in respect of the delivery of the Police, Fire and Crime Commissioner election at a total cost of £23,910:
• Project Set Up and Management
• 82 tablet devices (5 of which will be contingency devices) for use in Polling Stations through which staff will confirm individuals eligible to vote in the election at that Polling Station, identify the Ballot Paper Number to issue and produce the Marked Register and Corresponding Number List.
• Provide training to all Polling Station staff on the use of the device and the software provided for the election.
• 8 tablet devices for use by Polling Station Inspectors.
• Dedicated on-site support on Polling Day
• Connectivity Survey from within all Polling Stations.
(2) To arrange for the full re-imbursement of the costs associated with (1) above (initially met by the Council), by the Local Returning Officer at the same election.

That the new road under construction at the development site –Clacton Road, Weeley Heath, Essex is named “Amberwood Way”.

That the new road under construction at the development site –Jaywick Lane, Clacton on Sea, Essex is named “Omar Avenue.”

The Economic Growth team had received an application in year 2 of the UKSPF for a project in year 3 but after reviewing the application and addiction information asked for we recommend that we reject this proposal and commence with an open call for intervention E39 Green Skills Courses.

To reopen an ‘open call’ for intervention E39, Green Skills Courses, from the UK Shared Prosperity Fund (UKSPF), year 3 2024/25.
The Council is reopening the call for projects as no previous application received met the outputs and outcomes set for the fund.

The purpose of this record is to outline all the determinations by Officers under powers delegated by the Council of matters under the relevant licensing statutes for the period 18/03/2024 to 22/03/2024

The approval, refusal, suspension or revocation of the matter concerned is set out in the attached report.

Following on from recommendations received from our Legionella Management Contractor we must now invest in the replacement of our existing Grundfos Oxiperm Pro, Chlorine Dioxide units at both Clacton Leisure Centre

A) With the concurrence of the Portfolio Holder for Corporate Finance and Governance and the Portfolio Holder for Leisure and Public Realm, to appoint Concept Environmental Solutions to complete the works, to award a contract, and to enter into that contract via purchase order with Concept Environmental Solutions;
B) with the concurrence of the Portfolio Holder for Corporate Finance, and Governance and the Portfolio Holder for Leisure and Public Realm, to approve the associated use of up to £24,736.38 from the 24/25 revenue, repairs and maintenance accounts to fund this replacement; and
C) With the concurrence of the Portfolio Holder for Corporate Finance and Governance to grant an exemption from the requirements of the procurement rules, given the urgency and specialist work required.

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 application 24/00085/FUL.

As part of our current 3G Pitch warranty it outlines that TDC are required to ensure that the 3G pitch is being used for its sole purpose and maintained in accordance with the Framework Operator’s maintenance instructions.
The current initial years maintenance agreement is coming to an end, so therefore TDC have conducted a procurement for a 5-year maintenance agreement. Failing to do so will invalid our warranty and exposes TDC to being liable for any repairs or maintenance costs to the 3G Pitch over the current warranty of 8 years for synthetic turf surface system, 15 years for shock pad and 20 years sub-base, base, and drainage system cover.

A) The Portfolio Holder for Public Realm agrees to the award and entering into contract with Replay Maintenace to carry out this 3G Pitch 5 Year Maintenance Schedule.
B) The Portfolio Holder for Leisure and Public Realm approves the associated use of £32,475.00 for the 5-year contract, excluding VAT from the CLC Revenue account.

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

To refuse planning permission 24/00136/FUL

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

To approve advert consent 23/01022/ADV

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

To approve planning permission 23/01751/VOC

To seek an exemption from the Council's Procurement Rules to provide and trial the use of mobile tablet technology across Polling Stations within the District for the upcoming Police, Fire and Crime Commissioner Elections on 02 May 24. The tablet based technology is provided by Democracy Counts Ltd, with whom the Council already has a contract with since July 2022 for the provision of an Electoral Management System (Elector8).

There are no other providers of this tablet based technology who would be able to provide the same level of integration with the Electoral Management System as the provider of that same system. Additionally, the Notice of the Election is being published by The Local Returning Officer on 22 March 2024.

That an exemption from the Council's Procurement Rules be granted from obtaining a quote from three separate suppliers for the use of mobile tablet technology across Polling Stations within the District for the upcoming Police, Fire and Crime Commissioner Elections on 2 May 2024 based on the following circumstances:

(b) The goods are proprietary items of which there is only one supplier, or are sold by all suppliers at a fixed price; and
(c) Where the work is of a specialist nature and the Corporate Director/Head of Department can demonstrate that it is not possible to obtain more than one quotation or tender.

In addition, information and evidence has been provided confirming value for money and the compatibility with the current Electoral Management System.

TDC have been chosen as one of forty Local Authorities to take part in a project by DLUHC. Approval was sort by Management Team and Cllr Andy Baker, Portfolio Holder for Housing. Both approved the decision to sign a Memorandum of Understanding (MOU) to take part in the project. TDC are to be placed into one of two groups by DLUHC with a brief to deliver statistical data regarding Damp & Mould in the Private Rented Sector Housing market. Which group we are placed in will be known once the MOU is signed and returned. The first group is The Treatment Group and each LA will receive £130,000, whereas the second group, The Control Group will be given £11,000. If we are placed in the Treatment Group there will be an option to take a temporary member of staff for the duration of the project, that being one year.