To sell the Council's freehold interest in 3 Allfields, Dovercourt to the current Lessees

To sell the freehold interest in 3 Allfields, Dovercourt to the current lessees in accordance with the provisions of the shared equity scheme and the lease agreement for the property.

To appoint HDH to undertake a Strategic Housing Market Assessment (SHMA) on behalf of the Council.
As part of the Local Plan review, the Council will need to undertake a SHMA in the Tendring District. The study will primarily form part of the Council’s evidence base to inform the Local Plan review but will also assist in the development of strategies for investment and funding across North Essex and the Freeport East area. The Study will also form part of the evidence base for the implementation of CIL.
The decision to commission evidence for the Local Plan Review was taken and published on 12/01/2024.
A procurement exercise was undertaken resulting in the submission of three bids.
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 HDH to undertake the work of preparing a Strategic Housing Market Assessment in accordance with the specification document.

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).
Following an amendment to the Community Infrastructure Levy Regulations 2010, to charge a monitoring fee for oversight of compliance of Section 106 obligations.

To ensure value for money and compliance with the CIL Regulations 2010, to reintroduce monitoring fees as detailed in the table and published on the Council’s website.

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 23/01726/FUL. Ss.106 Agreement in relation to this application can be found in the documents section of Public Access under reference 23/01726/FUL.

Completion of Legal Agreement in relation to Planning Permission for 23/01726/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 24/00825/NMA

To approve planning permission 24/00825/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 24/00763/NMA

To approve planning permission 24/00763/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 24/00737/FULHH

To approve planning permission 24/00737/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 24/00585/FUL

To approve planning permission 24/00585/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 refuse lawful development certificate 24/00576/LUPROP

To refuse lawful development certificate 24/00576/LUPROP

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 23/01726/FUL

To approve planning permission 23/01726/FUL

Walton-on-the-Naze Lifestyles is a vibrant TDC Sports Facility which was built in 1991. The Sports Centre’s pool is popular with residents and visitors to the area. The pool has a teaching pool leading from the Main Pool with a waterslide sitting adjacent to the teaching pool. Walton-on-the-Naze Lifestyles is the only Centre in Tendring District Council’s portfolio of sites which has both a separate teaching pool and a waterslide. The slide is regularly maintained and inspected by external specialist contractors. Due to the ageing condition of the waterslide we are now due some substantial works to ensure the integrity of the waterslide is maintained.
Walton on the Naze Lifestyles
As such, this concurrence is to seek funds to complete remedial repairs where osmosis has caused the gel coat to crack leaving rough edges on 11 sections (inclusive of the stop board) within the waterslide. Additional repairs required within the teaching pool where brickwork is showing signs of chlorinated water damage to the structural column and pool lip. Both of these remedial repairs are required to ensure the integrity and longevity are not compromised so that facilities remain safe and operational.

A)The Portfolio Holder for Corporate Finance and Governance and The Portfolio Holder for Assets, agrees with the procurement exemption as described in the letter.
B)The Portfolio Holder for Leisure and Public Realm agrees to the entering into a contract via purchase order with Hickman Leisure Services Ltd (Waterslide Specialists) to completed remedial repairs to Waterslide and remedial repairs to column/ pool lip within Teaching Pool area.
C)The Portfolio Holder for Corporate Finance, and Governance, The Portfolio Holder for Leisure and Public Realm approves the associated use of up to £14,975 from the balance of £50,000 Leisure Capital Projects Reserve Budget assigned.

New licence application to keep or train animals for exhibition received from S Marsden, Wyvernwood, The Old Granary, Ford Lane, Alresford, Colchester, Essex CO7 8AT

Granted

New licence application to board dogs in kennels received from J McNair, Bridgefoot Boarding Kennels, Rectory Lane, Ramsey, Essex CO12 5HA

Granted

MER are the owners and suppliers of the electric charge points at Orwell Place, Dovercourt. The decision is made to enter into a 15 year agreement for them to provide the handling service for transactions and ongoing care and maintenance of the equipment. Paying Tendring District a percentage of profit once all expenses have been deducted..

To enter into a 15 year licence agreement for MER to provide a fully funded electric vehicle charge points at Orwell Place Car Park, Dovercourt.

To enter into and complete a new Lease for The Roller Skating Rink at Lower Marine Parade, Dovercourt

To enter into the new Lease for a period of 20 years

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 01/07/2024 of 05/07/2024

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

That the new roads under construction at the development site –Foots Farm, Land South of Centenary Way, Clacton on Sea are named:
1- Blacksmith Way
2- Bridle Path
3- Martingale Drive
4- The Farriers
5- Carriage Drive
6- Canter Way
7- Stable Green
8- Stirrup Close
9-Saddle Way
10- Paddock Lane

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 24/00618/VOC

To approve planning permission 24/00618/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.
To approve planning permission 24/00549/FULHH

To approve planning permission 24/00549/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 24/00429/FULHH

To approve planning permission 24/00429/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 24/00239/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 24/00677/FULHH

To approve planning permission 24/00677/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 24/00686/FULHH

To refuse planning permission 24/00686/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 Lawful Development Certificate 24/00690/LUPROP

To refuse Lawful Development Certificate 24/00690/LUPROP

To enable the on-going purchase / supply of electricity via a framework agreement from 1 October 2024.

To purchase Electricity from EDF Energy for the period
1 October 2024 to 31 September 2025 (October ‘basket’) based on the ‘UK Renewable for Business Tariff’. (via the signing of a EDF Energy Model Contract)
The purchase of electricity is via a wider Crown Commercial Services (CCS) Procurement Framework Agreement for the Council’s Gas and Electricity requirements that was subject to a separate decision earlier in the year.

Currently, the previous Mule has been stored at Northbourne Depot following a replacement being bought due to the condition and cost of repair of the previous Mule.
Tuckwells have made an offer for this when assessing equipment at Northbourne Depot. As there is no other use for this and repairs would not prolong the life of the equipment to gain good value from it, this would be the best option to recoup costs from this vehicle.
As such and under the disposal of equipment procedure a concurrence is requested.

To approve the external (Tuckwell’s) purchase of equipment from the Sport and Leisure Service and for the income generated to be allocated to the Beach Patrol Account.

The Portfolio Holder for Leisure & Public Realm and the Portfolio Holder for Environment have both concurred with this decision being made.

The Dovercourt Leading Lights and Causeway are Tendring District Council owned assets listed on the Historic England Heritage at Risk Register as Scheduled Ancient Monuments (entry number 1017200), first listed in October 1975 with a further update in November 2022 listing their conditions as ‘declining and generally unsatisfactory with major localised problems’.
To enable a project of this complexity and scale to be managed effectively from a time, cost, resourcing and care of restoration perspective, it has been split into two key phases: ‘Phase 1 – Condition and Structural Survey’ to provide a full and thorough analysis including all costs, and ‘Phase 2 – Full Restoration Works’.
Phase 1 - Condition and Structural Survey
Initial phase 1 survey has been completed, with a final report now received. Upon full assessment, it became apparent that due to shifting and rising shorelines over time, the legs of the structures could be up to 3 metres buried in the sand. Therefore, surveyors were unable to assess this aspect of the structures. Additional exploratory works and assessments are required to further de-risk this project and ascertain the condition of the legs that are unsighted, creating a ‘Phase 1b - Condition and Structural Survey of the unsighted legs’.
Potential Funding Options – Phase 1b
In April 2024, Historic England wrote to inform us that our funding application for ‘Phase 1b - Structural and Condition survey’ had been successfully awarded £47,440 from their Heritage at Risk Repairs Grant Fund, with the additional £5,272 identified from underspend from Dovercourt Leading Lighthouse and Causeway ‘Phase 1a_Structural and Condition Survey’. Officers request approval to accept the grant awarded by Historic England. Furthermore Officers request an exemption to procurement for the award of contract.
The Dovercourt Leading Lighthouse Restoration is listed within the Heritage Strategy and fundraising for the restoration is listed as a key aim in Tendring District Council’s Corporate Plan aligning to the theme of promoting our heritage offer.

To accept funding awarded by Historic England to the amount of £47,440 to continue the structural and condition work on the Dovercourt Leading Lighthouse and Causeway (identified as ‘Phase 1b_Structural and Condition Survey of Unsighted Legs’), and to proceed with the exemption to procurement.

In order to mitigate the impact of new developments, developers are usually asked to pay a contribution towards the cost of funding new infrastructure or improving existing infrastructure. Currently, the Council secures this funding through 'Section 106' agreements, which are negotiated with developers during the Planning Application process. Funding is secured for TDC’s areas of responsibility (such as Open Space, and the delivery of affordable housing) and on behalf of third parties (such as education and highways contributions for ECC, and health contributions for the NHS). S106 agreements vary from development to development, and contributions towards most forms of infrastructure are only required on major developments (i.e. 10 or more dwellings).
The Planning Act 2008 introduced a new mechanism for securing funding for infrastructure - the Community Infrastructure Levy, or CIL. CIL contributions are collected on a much wider range of developments (including smaller scale residential schemes) according to an adopted tariff schedule – which not only secures funding from more developers, but also provides certainty (to developers and the Council) about how much will be collected as the schedule is based on £ per sqm of floorspace. Certain contributions (such as the provision of affordable housing) would still be arranged via the usual S106 agreements where appropriate.
Essex County Council have now made funding available to support the Council in preparing and adopting CIL as a preferred method of securing developer contributions. ECC are prepared to pay a Grant to TDC to assist in completing a viability study (up to £20,000), and to provide staffing resources to support the introduction of CIL (up to £45,000). In return, ECC expects the first £65,000 of contributions collected to be spent on ECC priorities within Tendring.
The final decision to implement CIL lies with the elected Councillors of TDC, and the completion of the project does not guarantee the CIL charging schedule will be adopted by the TDC.

To enter into a Memorandum of Understand and Grant Agreement with Essex County Council, in order to begin the process of preparing a CIL charging schedule.
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).

TDC has responsibility for a number of sewerage treatment works and pumping stations across the District. As part of this responsibility each asset has to be inspected and maintenance carried out to keep them in working order.
Following a request for quotations process to identify a contractor to carry out this work, submissions from 3 companies were received and evaluated.
AA Turner Tankers submission scored the most points on evaluation and this decision, with the concurrence of the Portfolio Holder for the Environment, is to place the 1 year contract with them.

To place and complete a 1 year contract with AA Turner Tankers to carry out required servicing and maintenance to the Council's sewerage treatment works and pumping stations.

Essex County Council is looking to carry out consultation on its Local Nature Recovery Strategy between the dates on 29th July 2024 and 23rd September 2024.
Regulation 7 of The Environment (Local Nature Recovery Strategies) (Procedure) Regulations 2023 requires Responsible Authorities (in this case ECC) to provide all Supporting Authorities for the Local
Nature Recovery Strategy with the draft strategy it considers ready to consult on under regulation 12 (“the consultation draft”) and request their comments.
ECC would like to consult for 28 days (17th June to 15th July), prior to public consultation, and has sought the approval of local authorities, including Tendring District Council to launch public consultation of the draft LNRS. In ECC's letter dated 14th June 2024, it asks Council's to respond by 15th July 2024.

Option 1 - Respond to the ECC letter to agree to the public consultation on the Local Nature Recovery Strategy.
TDC Officers have had an input into the formulation of the draft Local Nature Recovery Strategy and to enable ECC, as the responsible authority, to progress the LNRS and accord with the Environment Act.
https://flood.essex.gov.uk/climate-adaptation-and-mitigation/local-nature-recovery/
TDC will have the opportunity to comment, formally, on the content of the LNRS as part of the consultation.
The Porfolio Holder with responsibility for Housing and Planning has been briefed and consulted on this decision.

To publish the Council's updated Statement of Community Involvement which includes those recommended amendments suggested by Members at the Planning Policy and Local Plan Committee meeting of 28 May 2024.

Tendring District Council have requested to allocate S106 to improve the pathways at Bathhouse Meadow play area. Installation of this pathway will enable the play area to be used by everyone all year round.

To release £6500 of S106 developer contributions held for improvements at Bathhouse Meadow, Walton for the installation entrance pathways at the play area.

Frinton and Walton Town Council have requested to release S106 money for the installation of a new slide at the only play area in Great Holland.

Allocate £900 of S106 developer contributions for the installation of a new slide at Pork Lane play area.

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 24/06/2024 to 28/06/2024

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 approve planning permission for application 24/00657/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 for application 24/00676/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.

To grant planning permission for 24/00663/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 grant planning permission for 24/00628/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 grant listed building consent for 24/00338/LBC.

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 for 24/00302/FUL.

That the new road under construction at the development site –Land to The South of Michael Wright Way, Great Bentley, Essex (phase 5) is named “Oliver Road”