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.

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).

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.

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”

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 24/00599/FULHH

To approve planning permission 24/00599/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 24/00637/VOC

To approve planning permission 24/00637/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 24/00595/FUL

To approve planning permission 24/00595/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 24/00459/FULHH

To approve planning permission 24/00459/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 24/00019/FUL

To refuse planning permission 24/00019/FUL

The Parliamentary Under Secretary of State for Local Government (“the Minister”) in exercise of the powers conferred by section 31 of the Local Government Act 2003, determined the Electoral Integrity New Burdens Funding – Grant Determination (2024/25): No. 31/7321. That order provided the sum of £21,346 to Tendring District Council. The grant is a specific revenue grant for 2024/25 financial year.

The new burden costs to be met by way of the grant are:
* Administrative costs for processing Voter Authority Certificate applications
* Staff processing costs for On-line Absent Vote Applications
* Staff processing costs for overseas electors
* Staff costs for EU Voter and Candidacy Requirements
* Communication costs for EU Voter and Candidacy Requirements

Other new burden costs may be claimed through a justification led bid and, at the point of this decision, it is intended to submit such a bid.

To accept the grant funding of the sum of £21,346 from Government and to apply this grant to the relevant new burdens arising as a consequence of the Elections Act 2022 including specifically costs arising in respect of the delivery of the United Kingdom Parliamentary General Election.

New licence application to sell animals as pets received from A Beard, Pet Village, Colchester Road, Elmstead Market, Colchester, Essex
CO7 7DZ

Granted licence to sell animals as pets.

To seek the Portfolio Holder's concurrence to the proposed schedule of fees and charges for 2024/25 for the Governance Directorate for Legal and Democratic Services.

That the amendments to the Schedule of Fees and Charges for 2024/25 for the Governance Directorate (Legal and Democratic Services) as set out in Appendix A are agreed.

To approve the appointment of a contractor to undertake the replacement of UPVC Windows Doors at various Council properties.

Tenders that had been returned have been evaluated and their priced specification checked, revealing no arithmetical errors. All other documents verified as well.

To award the contract to Sovereign Group Ltd to undertake the replacement of Windows and Doors at various Council properties.

Under Section 257 of the Town and Country Planning Act 1990, to approve the diversion of part of Footpath 11, Harwich and allow development to be implemented in accordance with the plans submitted under 21/00926/FUL.
It is necessary to divert the footpath to which the order relates to enable development to be carried out in accordance with planning permission 21/00926/FUL "Redevelopment of existing car park to provide 24 affordable houses with parking and formation of a car park for Harwich and Parkeston Football Club".
Consultation commenced on 24th May 2024 and no objections were received.

To approve the diversion of part of Footpath 11, Harwich in accordance with the details provided in the attached Draft Order and Plan.

On 25 March 2024, the Council served a Planning Enforcement Notice in respect of unauthorised works at Manningtree Station comprising: Building operations to extend existing single storey deck over existing ground level car parking. Engineering works to increase land levels, install a sheet pile retaining wall, drainage, hardstanding, CCTV and lighting columns to facilitate the extension to existing ground level car parking. Replacement of and increase in number of existing lighting columns covering existing ground level car parking.
Part of the Council's justification for serving an Enforcement Notice was its view at the time that the works were 'EIA Development' i.e. triggering the requirement for Environmental Impact Assessment (due to visual impact on the Dedham Vale National Landscape); meaning that the works could not be classed as 'permitted development' which, under normal circumstances, under the general Permitted Development Order (GPDO) 2015 would allow a railway undertaker to carry out certain works without the need for planning permission.
Following the serving of the Enforcement Notice, Greater Anglia Ltd both lodged an application for Judicial Review and an appeal to the Secretary of State - from whom an EIA screening opinion was also sought. The EIA Screening Direction from the Secretary of State received on 29 May 2024 determined that the works were not EIA Development, contrary to the Council's position.
For the reasons set out in the delegated report, the Secretary of State's Screening Direction has led Officers to determine that it is no longer expedient to continue with enforcement action in respect of the works and that the Enforcement Notice should be withdrawn.

To formally withdraw the Planning Enforcement Notice in relation to Manningtree Railway Station.

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 17/06/2024 to 21/06/2024

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

Replacement of Flat Entrance Fire Doors.
Mead House, Saville St, Walton on the Naze CO14 8PP

To award the contract to Penn Installations Ltd at £78,930.22.
Email from Cllr Andy Baker to Victoria Found on 17th January 2024.
Email held on file.

Request to release received from Wix PC for the renewal of the safety surfacing around the outside gym equipment.

To release £17000 to Wix Parish Council for the installation of safety surfacing around the outside gym equipment.

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 notification 24/00834/CAMPNO

To determine notification 24/00834/CAMPNO

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 24/00669/FULHH

To approve planning permission 24/00669/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 24/00554/FUL

To approve planning permission 24/00554/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 24/00241/FULHH

To approve planning permission 24/00241/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 23/01729/FUL

To approve planning permission 23/01729/FUL

Great Bentley Parish Council have requested to release S106 funds towards the improvement of play equipment at the only play area in the village.
Following development in the village there is now a need to improve the current play equipment to cope with the additional residents.

To allocate £1310.00 of S106 to Great Bentley Parish Council for the improvements of the play equipment at Heckford Road.

Request to release S106 to St Osyth PC for installation of out door gym equipment. Following recent development in St Osyth.

To release £6092.00 to St Osyth PC for the installation of outside gym equipment at Dumont Avenue open space and play area.

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 25/00524/FULHH

To grant planning permission 25/00524/FULHH

Officer decision to accept two Department for levelling Up Housing and Communities (DLUHC) digital funding streams, as follows;
1)DLUHC Cyber Assessment Framework (CAF) participation funding totalling £65,000. The Council was approached by DLUHC to participate in their local government CAF pilot work across twenty local authorities nationally. Our engagement was principally based upon previous successful digital engagement works with DLUHC.
2)A DLUHC Digital Planning Improvement funding totalling £100,000.
There is no accompanying report.
The DLUHC CAF pilot work is a modest additional resourcing extension to the already programmed (and resourced) cyber-security CAF governance challenge work that forms part of the Council’s annual cyber-security self-assessment review against a range of National Cyber security centre mandatory standards and best-practice.
The Council was approached by DLUHC to participate in their local government CAF pilot work with participation across twenty local authorities nationally. Our engagement was principally reputational and based upon previous successful digital engagement works with DLUHC.
The CAF cyber-security self-assessment is currently mandatory for critical national infrastructure providers and central government and is anticipated to become mandatory for local government within the medium-term.
The DLUHC digital improvement funding will part-fund a collaborative programme of works with other Essex local authority members of the Essex Digital Partnership (EDP). The programme is at the Phase One investigative/ feasibility stage with funding to be committed to the Phase two Delivery Phase.

Officer decision to accept two Department for levelling Up Housing and Communities (DLUHC) digital funding streams, as follows;
1)DLUHC Cyber Assessment Framework (CAF) participation funding totalling £65,000. The Council was approached by DLUHC to participate in their local government CAF pilot work across twenty local authorities nationally. Our engagement was principally based upon previous successful digital engagement works with DLUHC.
2)A DLUHC Digital Planning Improvement funding totalling £100,000.
The decision has been undertaken following the Council's established funding acceptance checks and procedures.

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 24/00626/VOC.

Licence application for home boarding of dogs received from C and A Auton, Barking Mad, Beech House, Bacton, Stowmarket, Suffolk IP14 4LW.
Home boarding of dogs to be facilitated by host families within the Tendring District.

Granted

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 24/00653/FULHH.

To approve the individual budget allocations and programme for the major repair, improvement, enhancement and adaptation of the Council’s housing stock in the 2024/25 Housing Improvement Programme, as detailed in the report and the appendix

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 24/00573/FULHH.

That the Housing Portfolio Holder
(a)receives the Councils Outturn Performance Report: and
(b)authorises officers to publish both the outturn report on the Council’s website and to submit the TSMs to the Regulator of Social Housing by 30 June 2024.

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

Part 3, Schedule 1 – Functions not to be the responsibility of an Authority’s Executive. The discharge of the Town and Country Planning and Conservation functions. Matters delegated to the Head of Planning and Building Control - Power to enter into an agreement regulating development or use of land under Ss.106 of the Town and Country Planning Act 1990.

Legal Agreement in relation to planning application 24/00373/FUL. Agreement is attached and can be found on the documents section of 24/00373/FUL on Public Access.

That the milestones associated with the adopted Highlight Priorities 2024/25 be published, and uploaded to the TDC Website in line with the Council's commitment to openness

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 10/06/2024 to 14/06/2024

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