Decisions

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 02/09/2024 and 06/09/2024

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

Under the powers delegated to the Director of Planning, the discharge of the Town and Country Planning Conservation functions as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
To refuse planning permission 24/01024/FULHH

To refuse planning permission 24/01024/FULHH

Under the powers delegated to the Director of Planning, the discharge of the Town and Country Planning Conservation functions as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
To refuse planning permission 24/00920/FUL

To refuse planning permission 24/00920/FUL

Licence renewal application to home board dogs received from D Cornabe, End Cottage, High Street, Thorpe-le-Soken, CO16 0EA

Granted licence to home board dogs.

Under the powers delegated to the Director of Planning, the discharge of the Town and Country Planning Conservation functions as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
To approve advertisement consent 24/01076/ADV

To approve advertisement consent 24/01076/ADV

Under the powers delegated to the Director of Planning, the discharge of the Town and Country Planning Conservation functions as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
To approve non material amendment 24/01117/NMA

To approve non material amendment 24/01117/NMA

Under the powers delegated to the Director of Planning, the discharge of the Town and Country Planning Conservation functions as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
To refuse non material amendment 24/01212/NMA

To refuse non material amendment 24/01212/NMA

Under the powers delegated to the Director of Planning, the discharge of the Town and Country Planning Conservation functions as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
To approve non material amendment 24/01155/NMA

To approve non material amendment 24/01155/NMA

Under the powers delegated to the Director of Planning, the discharge of the Town and Country Planning Conservation functions as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
To approve planning permission 24/00866/FULHH

To approve planning permission 24/00866/FULHH

Under the powers delegated to the Director of Planning, the discharge of the Town and Country Planning Conservation functions as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
To approve planning permission 24/00968/FULHH

To approve planning permission 24/00968/FULHH

Licence renewal application to hire out horses received from J Holland, Brook Farm Riding Stables, Colchester Main Road, Alresford, Colchester, Essex CO7 8AP

Granted

As part of the Local Plan review, the Council will need to undertake a Sustainability Appraisal (SA) for the Tendring District. The Sustainability Appraisal will form part of the Council’s evidence base for the Local Plan review.
This decision to commission evidence for the Local Plan Review was taken and published on 12/01/2024
Place Services will be directly appointed under the Local Authority (Goods and Services) Act 1970.
Authority for Delegated 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).

To appoint Place Services to undertake the work of preparing a Sustainability Appraisal (SA) in accordance with the specification document.

Under the powers delegated to the Director of Planning, the discharge of the Town and Country Planning Conservation functions as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
Powers relating to entering into an agreement regulating development or use of land under Ss.106 Agreement of the Town and Country Planning Act 1990.
Legal Agreement in relation to Planning Permission for 24/00572/FUL. Ss.106 Agreement in relation to this application can be found in the documents section of Public Access under reference 24/00572/FUL and 24/01229/S106.

Completion of Legal Agreement in relation to Planning Permission for 24/00572/FUL.

Work on the conversion of Spendells House is nearing completion and IT systems and other building service systems such as door entry and alarms that use internet connection have been installed. The next step is to complete the connection of these systems to the internet and to fully commission and test them.
Spendells House will house some of our most vulnerable residents. Reliability, network connectivity and business continuity of service are key award factors. Similarly, cyber security is a key factor in awarding the contract
It is proposed to enter into a new IT Managed Network Services contract for Spendells House with Intergence Systems Limited.
The 3 year GCloud13 Lot 1 framework (RM1557.13) is an addendum to the existing corporate Network Managed contract on 25 February 2027.
The contract value of £23,220 (£7,740per annum) comprises a 36 managed service cost for previously purchased network hardware – aligned with TDC’s master network infrastructure plus licensing costs for a range of third party network monitoring systems/ tools plus the service support costs themselves.

To to enter into a three year additional agreement with Intergence in order to secure the running of the IT network at Spendells House and the commissioning of the systems there.

The existing Tenant had served Notice on the Council that they had no intention of renewing their lease over the Old Lifeboat House, East Terrace, Walton-on-the-Naze. Therefore a request had been received to lease the property to a new tenant.

To enter into a new lease of The Old Lifeboat House, East Terrace Walton-on-the-Naze on terms agreed within the Portfolio Holders Report of 15 September 2022 with a new tenant.

Under the powers delegated to the Director of Planning, the discharge of the Town and Country Planning Conservation functions as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
Powers relating to entering into an agreement regulating development or use of land under Ss.106 Agreement of the Town and Country Planning Act 1990.
Legal Agreement in relation to Planning Permission for 24/00815/FUL. Ss.106 Agreement in relation to this application can be found in the documents section of Public Access under reference 24/00815/FUL and 24/01287/S106.

Completion of Legal Agreement in relation to Planning Permission for 24/00815/FUL.

Under the powers delegated to the Director of Planning, the discharge of the Town and Country Planning Conservation functions as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
Powers relating to entering into an agreement regulating development or use of land under Ss.106 Agreement of the Town and Country Planning Act 1990.
Legal Agreement in relation to Planning Permission for 22/02076/FUL. Ss.106 Agreement in relation to this application can be found in the documents section of Public Access under reference 22/02076/FUL and 24/00837/S106.

Completion of Legal Agreement in relation to Planning Permission for 22/02076/FUL.

(a) To agree to the award of a grant of up to £10,000 from the Community Housing Fund to Great Oakley Community Hub Ltd (the Society), towards the cost of architectural, structural engineer and similar professional services related to the preparatory work associated with the proposed redevelopment of the Red House in Great Oakley as community led housing; and
(b) To authorise the Assistant Director for Housing and Environment to allocate funding to the Society for additional financial support to enable them to complete the associated preparatory work to bring forward the scheme for planning permission to redevelop and bring back into use a long term empty property.

To partially discount the annual rent for the first year only for Kiosk 5, in respect of the repairs and work required to put the property in a safe and serviceable condition. The discounted amounts have been noted in a Schedule of Dilapidations, which has been issued to the former tenant and will be for them to reimburse. The full market rent will become payable after the current tenant has occupied the property for a full year.

To partially discount the annual rent for the first year only in respect of Kiosk 5, Lower Promenade, Marine Parade East, Clacton-on-Sea.

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 27/08/2024 to 30/08/2024

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

To adopt a People Strategy for the period 2024 to 2029 to set the focus and priorities for the development and well being of organisation's workforce

To adopt the proposed People Strategy for 2024 to 2029.

Under the powers delegated to the Director of Planning, the discharge of the Town and Country Planning Conservation functions as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
To refuse non material amendment 24/01182/NMA

To refuse non material amendment application 24/01182/NMA.

Under the powers delegated to the Director of Planning, the discharge of the Town and Country Planning Conservation functions as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
To approve planning permission 24/00894/FUL

To approve planning permission for application 24/00894/FUL.

Under the powers delegated to the Director of Planning, the discharge of the Town and Country Planning Conservation functions as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
To approve planning permission 24/01006/FULHH

To approve planning permission for application 24/01006/FULHH.

Under the powers delegated to the Director of Planning, the discharge of the Town and Country Planning Conservation functions as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
To determine prior approval 24/01106/HHPNOT

To determine prior approval application 24/01106/HHPNOT.

There had been service failure in the landlord's handling of the complaint, for the time, trouble distress and inconvenience caused by the landlords ineffective complaint handling.
The recommendation from the Housing Ombudsman that a payment in the sum referenced be made to the tenant. The recommendations have been accepted.

To accept the recommendation of the Housing Ombudsman in respect of a complaint investigated and determined by it - including to authorise a payment in the sum of £300 to the tenant concerned (reference 202302247).

There had been service failure in the landlord's handling of repair issues relating to the complainant's tenanted property. In recognition of this service failure and for the associated distress caused to the tenant, the recommendation from the Housing Ombudsman that a payment in the sum referenced be made to the tenant. The recommendations have been accepted.

To accept the recommendation of the Housing Ombudsman in respect of a complaint investigated and determined by it - including to authorise a payment in the sum of £500 to the tenant concerned (reference 202116817).

Following submission of an external funding application to Government’s Swimming Pool Support Fund via Sport England and receipt of a subsequent offer letter, this note sets out details of the scheme, to establish whether you are happy to agree with my decision to enter into two separate agreements for the grant funding and secure the investment.
As set out in the report of the Portfolio Holder for Corporate Finance
(ii)agrees that the approval of the necessary governance arrangements be delegated to the Corporate Director (Place and Economy), in consultation with the Leader of the Council and the Council’s Monitoring Officer and Section 151 Officer, and that such arrangements aim to protect the Council as far as reasonably possible within the context of the responsibilities the Council may have in administering the grant funding along with any transfers of money to the independently operated Brightlingsea Lido.
As Sport England have agreed to fund the Brightlingsea Lido projects in addition to those for the Council’s facilities, the following two agreements are required:
(i)Capital Grant Agreement between Tendring District Council and Sport England.
This is to form an agreement between Sport England and Tendring District Council as the responsible authority for the grant funding. It should be noted that once the respective works are complete, the funding will be paid in arrears to the Council. Once Brightlingsea Lido have completed their requirements, the funding allocated to their project can be released.
(ii)Grant Adherence Agreement between Tendring District Council, Sport England together with Brightlingsea Town Council and Brightlingsea Lido CIO (the latter two organisations as the lease holder and operator respectively of Brightlingsea Lido).
Officers have worked with Sport England, together with Brightlingsea Town Council and Brightlingsea Lido to finalise an agreement which ensures the responsibilities of each organisation are clearly set out and formalised. This agreement ensures that direct responsibility for the projects under the jurisdiction of Brightlingsea Lido are the accountability of the lease holder (Brightlingea Town Council and operator (Brightlingsea Lido) respectively. Under this agree it is the responsibility of the Council to transfer the grant funding following receipt from Sport England to the operator, following completion of the works.
It should be noted that this decision will progress the project up to and including signing the respective agreements listed above and a separate executive decision will be published in consultation with the Council’s Section 106 Officer prior to placing an order for works. This is to account for allocating an additional budget of £0.150m towards this project, as set out in the report titled ‘OVERVIEW OF THE FINANCIAL OUTTURN 2023/24 AND PROPOSED ALLOCATION OF THE GENERAL FUND VARIANCE FOR THE YEAR AND OTHER IN-YEAR BUDGET ADJUSTMENTS 2024/25’ considered by Cabinet at their meeting on 26 July 2024. Through that report, Cabinet agreed that this additional funding considered sufficient to deliver both projects should be agreed under a separate decision through a separate business case.

Following detailed consideration by Council Officers, to enter into the following agreements, in order to secure external funding under the Government’s ‘Swimming Pool Support Fund and progress the projects at Walton on the Naze Lifestyles up to and including a tender process for the upgrade of Building Management System and new Air Handling Unit for Walton on the Naze Lifestyles:-

(i) Capital Grant Agreement between Tendring District Council and Sport England; and
(ii) Grant Adherence Agreement between Tendring District Council, Sport England together with Brightlingsea Town Council and Brightlingsea Lido CIO (the latter two organisations as the lease holder and operator respectively of Brightlingsea Lido).

Note: No order for works will be raised until an executive decision has been published together with a business plan for the respective projects, to allocate additional funding as required.

Under the powers delegated to the Director of Planning, the discharge of the Town and Country Planning Conservation functions as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
To approve planning permission 24/01005/FULHH

To approve planning permission 24/01005/FULHH

Under the powers delegated to the Director of Planning, the discharge of the Town and Country Planning Conservation functions as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
To refuse planning permission 24/00988/FULHH

To refuse planning permission 24/00988/FULHH

Following completion of elements of work at the Honeycroft site by sub-contractors, collateral warranties have been received in order to create a contractual relationship between the Council and the sub-contractors should any defects or issues arise during the product/installation warranty period.

To seal and complete all collateral warranties in respect of the Honeycroft Development, Lawford.

Under the powers delegated to the Director of Planning, the discharge of the Town and Country Planning Conservation functions as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
To approve planning permission 24/00998/FUL

To approve planning permission 24/00998/FUL

Under the powers delegated to the Director of Planning, the discharge of the Town and Country Planning Conservation functions as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
Powers relating to entering into an agreement regulating development or use of land under Ss.106 Agreement of the Town and Country Planning Act 1990.
Legal Agreement in relation to Planning Permission for 24/00651/VOC. Ss.106 Agreement in relation to this application can be found in the documents section of Public Access under reference 24/00651/VOC and 24/01213/S106.

Completion of Legal Agreement in relation to Planning Permission for 24/00651/VOC.

Under the powers delegated to the Director of Planning, the discharge of the Town and Country Planning Conservation functions as specified in Schedule 1 to the Local Authorities (Functions and Responsibilities (England) Regulations 2000 (as amended) and as detailed in Appendix 1 to Part 3 of the Constitution.
Powers relating to entering into an agreement regulating development or use of land under Ss.106 Agreement of the Town and Country Planning Act 1990.
Legal Agreement in relation to Planning Permission for 21/01831/FUL. Ss.106 Agreement in relation to this application can be found in the documents section of Public Access under reference 21/01831/FUL and 24/00842/S106.

Completion of Legal Agreement in relation to Planning Permission for 21/01831/FUL.

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 19/08/2024 to 23/08/2024

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