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 Oct 2025 a Letter of Claim (LOC) was received from ‘The
Property Lawyers’ acting on behalf of leaseholders at Flat 2,
39 Carnarvon Road, Clacton-on-Sea. The LOC asserts a 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.

Content

To extend the Council’s contract with
Right of Light Consulting for the provision of rights of light
services for the Carnarvon Terrace project, which is being
delivered as part of the LUF scheme, including:
-Fixed fee for detailed survey + initial negotiations =
£3,000 + VAT
-Capped fee allowance for negotiations = £3,500 + VAT

Alternative options considered

The appointment will end prior to LGR.