Purpose

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 9 May 2025 a letter of claim was received from ‘The Property Lawyers’ acting on behalf of one of the joint owners of 25 Victoria Street. The LOC asserts a possible right of light injury from the Development, and requests information in order to assess the full extent of that injury.
Rights of light were considered during the design phase in order to minimise risk of claim however it was not possible to fully design out the risk within the parameters of the deliverables of the Memorandum of Understanding for the funding, as it would have required reduction in the number of housing units created.
This appointment allows the ‘rights of light’ aspect of the design briefs to be progressed further to the above claim, to:
-Consider whether there is a right of light through the relevant window(s);
-Consider whether the proposed development will cause an actionable injury to such right;
-Consider options and next steps for TDC’s position.

Decision

To extend the Council’s contract with Right of Light Consulting for the provision of rights of light services for the Homes in Dovercourt project, which is being delivered as part of the Dovercourt Town Centre Improvement Corridor scheme, including:
-Fixed fee for detailed survey + initial negotiations = £3,000 + VAT
-Capped fee allowance for negotiations = £3,500 + VAT
The services have been procured via the Quotation Rules as set out in Tendring District Council’s constitution.

Alternative options considered

Not appointing a consultant. Taking this approach would mean the works did not progress.