Decisions

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.
Deed of Variation in relation to Planning Permission for 22/01702/DOVU5. Ss.106 Agreement in relation to this application can be found in the documents section of Public Access under reference 22/01702/DOVU5.

Completion of Deed of Variation in relation to Planning Permission for 22/01702/DOVU5

Licence renewal application to board dogs in kennels and breed dogs received from R and D Ironmonger, Britannic Kennels, Lawn Cottage, Main Road, Wrabness, Manningtree, Essex CO11 2UB

Granted

To approve the new lease over The Naze Kiosk, Old Hall Lane, Walton-on-the-Naze.

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 the preservation of trees under Ss.197 to 214D Town and Country Planning Act and the Trees Regulations 1999.
To issue an order for the removal/reduction - T1 - Beech Tree - Crown Lift Tree to 6m above ground level. T2 - Lime Tree - Crown Lift Tree to 6m above ground level.

To Grant Application 24/00665/WTPO

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 the preservation of trees under Ss.197 to 214D Town and Country Planning Act and the Trees Regulations 1999.
To issue an order for the removal/reduction - T1 Lime - Remove epicormic growth to 8ft for clearance. T2 Oak - Remove epicormic growth and reduce crown by up to 2m. T3 Oak - Remove epicormic growth to 12ft for clearance, remove 2m branch approx 50mm diameter facing south. T4 Oak - Remove deadwood. T5 Oak - Remove deadwood. T6 Oak - Remove epicormic growth to 12ft for clearance. T7 Oak - Remove deadwood. T9 Silver Birch - Remove of epicormic growth to 12 ft for clearance. T10 Scots Pine - Remove one broken branch at approx 15ft. T11 Holly - Remove of epicormic growth to 7ft for clearance. T12 Oak - Remove of epicormic growth to 15ft on the south trackside and up to 8ft on the northside. Remove one low branch. T13 Horse Chestnut - Remove epicormic growth to 12ft for clearance. T14 Oak - Remove epicormic growth to 12ft for clearance. T15 Oak - Remove epicormic growth to 12ft for clearance. T16 Oak - Remove epicormic growth 12ft for clearance. T17 Oak - Remove epicormic growth to 8ft for clearance. T18 Beech - Remove epicormic growth to 8ft for clearance. T20 Holly - Remove epicormic growth to 7ft for clearance. T21 Horse Chestnut - Remove epicormic growth to 8ft, crown lift to 6m for ground clearance. T22 Horse Chestnut - Remove epicormic growth to 8ft. Remove 4 decaying branches approximately 1m in length with a diameter of 250mm. Group not included in TPO 10/00040 - Mixed Species- Reduce height of tree/shrub group by 1m.

To Grant Application 24/00662/WTPO

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 the preservation of trees under Ss.197 to 214D Town and Country Planning Act and the Trees Regulations 1999.
To issue an order for the removal/reduction - reduce 1 x Monterey Cyprus by 1/3

To Grant Application 24/00655/WTPO

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 the preservation of trees under Ss.197 to 214D Town and Country Planning Act and the Trees Regulations 1999.
To issue an order for the removal/reduction - T1 reduce Plum tree by 40

To Grant Application 24/00646/TCA

Planning Enforcement Notice issued by the Council because a breach of planning control has occurred.
Without planning permission the creation of a new vehicular access from the land onto Tinker Street/A120

Time for Compliance:
a) immediately from the date this notice takes effect.
b) three months from the date this notice takes effect
c) six months from the date this notice takes effect.
This notice takes effect on 10th July 2024 unless an appeal is made against it beforehand.

As you will be aware, Clacton Leisure Centre provides a state-of-the-art wellbeing zone, which consists of a sauna, steam room, salt inhalation room, wellbeing pool, and relaxation area.
This area underwent a significant refurbishment in 2022. However, as the cabin was in a reasonable state of repair at the time, it was not replaced.
As part of the routine inspections carried out under contract with Sterling Hydro-Tech, they outlined that the sauna internal wall timber is starting to warp, deeming this area beyond repair. The sauna was closed subsequently, as when further discussions had been carried out with Sterling Hydrotech, they advised that the benches are worn, and the wood above the heater is darkening as such, this had become a fire risk. Additionally, the benches had become a cutting risk to the members if they were to sit on the bench. As a result of this, the recommended action was to close and replace the sauna cabin. To ensure TDC can continue to provide full service to their customers, a full sauna replacement is required.
As such, this decision seeks agreement to appoint and enter into a contract with Dale Sauna to replace the sauna at Clacton Leisure Centre.

The Leisure and Public Realm Portfolio Holder and the Corporate Finance and Governance Portfolio Holder were consulted, as appropriate, and the necessary concurrences were obtained.

A) To appoint Dale Sauna and award the contract to Dale Sauna for the installation of a new sauna at Clacton Leisure Centre.
B) To enter into a contract with Dale Sauna for the installation of a new sauna at Clacton Leisure Centre at a value of £27,505.00.
C) To approve the associated use of up to £2,505 from the Sport and Leisure reserved account to top up the agreed budget via Cabinet report on 19th April 2024, allocating £25,000 towards the Sauna replacement. Therefore, providing the full fund required of £27,505.00.

The Spendells Cabinet Report for 24th May 2024, highlighted that matters concerning fire doors within the Scheme were still subject to negotiation.
A Fire Safety Report dated 23 May 2024 for Spendells House carried out by Fire and Security Ltd and subsequent advice from Mr. Tony Fitch, Chartered Building Engineer employed by Babergh and Mid Suffolk District Councils but who is working with TDC to provide temporary support to TDC's Building Control team.
It has been identified that a number of fire doors do not meet minimum standard of compliance with the national Building Regulations and that, as a consequence, a Building Control completion certificate cannot be issued unless and the facility cannot be opened and used until those doors are replaced and any other compliance issues are addressed.
One of the principal issues relates to the fact that whilst some doors display the necessary certification labels, those that do not cannot be assured to be Building Regs compliant and Mr. Fitch has advised that any such door will need to be replaced. There have been discussions as to whether those doors not displaying the labels can be accepted as compliant on the basis that they appear identical in all other respects to those that do display the labels; however the advice is that this is not sufficient assurance and completion certificates could not legitimately be issued on that basis.
An Officer Decision (being made by Ian Davidson, as Chief Executive in the absence of the Corporate Director (Operations and Delivery)) is required to move money from the Cash Incentives Scheme budget within the Housing Revenue Account to fund the urgent requirement for the replacement of fire doors within Spendells.
Constitutional Reference: Financial Procedure Rules Part 5.43 – Paragraph 6.3.5 - Virements and Approvals (d) Housing Revenue Account Capital Schemes in this case £60,000 (being under £100,000) upon the service confirming to the Section 151 Officer that this results in no adverse impact on the HRA Capital Programme.
The Cash Incentives Scheme allocation within the Housing Revenue Account has been unspent in past years. The scheme was intended to provide a cash incentive for tenants to move to smaller properties as their households decrease in size. The scheme has not been active and the use of the funding in the current case is helpful in avoiding a direct impact on other necessary work areas in the programme. It is possible to replenish the scheme fund in the future if the scheme itself becomes active.

Chief Executive in the absence of the Corporate Director (Operations and Delivery)) approves the virement of £60,000 from the Cash Incentives Scheme budget within the Housing Revenue Account to Spendells to fund the urgent requirement for the replacement of fire doors within the scheme.

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 03/06/2024 to 07/06/2024

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

Licence renewal application to board dogs in kennels and board cats, received from Mr S Crawshaw, Hilltop Boarding Kennels & Cat Hotel Ltd, The Rising, Colchester Road, Tenpenny Hill, Thorrington, Essex CO7 8JB

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 24/00611/FULHH

To approve planning permission 24/00611/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 notification 24/00588/HHPNOT

To determine prior approval notification 24/00588/HHPNOT

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 24/00468/FUL

To approve planning permission 24/00468/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 24/00428/FULHH

To approve planning permission 24/00428/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 24/00392/FULHH

To approve planning permission 24/00392/FULHH

Licence renewal application to provide day care for dogs received from C Augrandjean, Chrissie’s Doggy Daycare, 24 Wall Street, Lee-Over-Sands. St Osyth, Clacton On Sea, Essex CO16 8EU

Granted

Licence renewal application to board cats received from L Lay-Flurrie, Wisteria Boarding Cattery, Gersau, Windmill Road, Bradfield, Manningtree, Essex, CO11 2QR

Granted

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.
On 24 May 2024, Cabinet considered a report titled ‘Update on Levelling Up Fund and Capital Regeneration Projects’. As part of that report, Cabinet agreed to request that officers investigate the opportunity to bring forward the Milton Road element of the Dovercourt scheme from the Capital Regeneration Project funding and report the outcome back to Cabinet in the context of the wider scheme.
Operational issues to support progress of the schemes to planning including site clearance for Milton Road and Victoria Street will be addressed, to include:
•Site clearance of rubbish and overgrowth
•Sites made safe for access
•Initial surveys (topographic and utilities surveys of the Victoria Street sites)
•Progression of party wall matters
Decisions relating to spend or any award of contracts will be published separately.

To address operational issues relating to clearance of the sites at Milton Road and Victoria Street, to include:
1.Site clearance of rubbish and overgrowth
2.Sites made safe for access
3.Initial surveys (topographic and utilities surveys of the Victoria Street sites)
4.Progression of party wall matters

An exemption from procurement has been granted to enable the continuation of vital team development work.

1)To agree an exemption from the Council’s procurement rules.
2)To appoint the Myers Briggs Company to deliver development training (including MBTI assessments) for the senior management team of the Economic growth, Culture and Leisure directorate. The brief and decision to appoint has been made jointly with the Corporate Director (Place and Economy).

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 Lawful Development Certificate 24/00546/LUPROP

To approve Lawful Development Certificate 24/00546/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 grant planning permission 24/00531/VOC

To grant planning permission 24/00531/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 refuse planning permission 24/00367/VOC

To refuse planning permission 24/00367/VOC

To Grant Application 24/00704/TCA

To Grant Application 24/00699/WTPO

To Grant Application 24/00698/TCA

To Grant Application 24/00613/TCA

To Grant Application 24/00643/WTPO

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 24/00361/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 24/00460/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 planning permission for 24/00447/FULHH.

To Grant Application 24/00550/TCA

Licence renewal application to board cats received from H Swain, Lunnish Hill, Wrabness Road, Ramsey, Essex CO12 5NJ

Granted

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 24/00247/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 24/00416/FULHH

This report sets out the proposed fees and charges for 2024/25 for the Waste

That the 2024/25 Fees and Charges Schedule for the Waste

To make minor alterations to the Financial Assistance Policy for Private Sector Housing
•Local Council Tax Reduction (CTR) be added as a qualifying benefit for means testing for grant purposes;
•The Discretionary Emergency Repairs Grant to be titled Discretionary Essential Repairs Grant; and
•The local land charge registration process for the Discretionary Stairlift Grant be altered and aligned with that used for the Disabled Facilities Grant.

Costain have been appointed as a Sub-Contractor for Cadent Gas Limited and they have requested a Licence to Occupy for the compound area at Clays Road, Walton-on-the-Naze for the purpose of welfare and storage in connection with gas works in the local area.

To agree to the grant of a Licence to Occupy to Costain in respect of a compound area at Clays Road, Walton-on-the-Naze, Essex

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 28/05/2024 to 31/05/2024

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

Due to a break-in at Clacton Beach Office whereby a quad bike was stolen, the Beach Patrol Equipment (quad bike) is required to be replaced to support the operations of this team as detailed in the letter of concurrence.

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

1. To approve the proposal to purchase one quad bike.
2. To award the appointment of contract via purchase order for £10,680 to Tuckwells for the quad bike purchase.
3. To approve the use of up to £10,680.00 for this purchase from the agreed budget via the Cabinet report on 19th April 2024, allocating £60,000 towards the Beach Patrol cost pressures.