Issue - meetings

To report to Cabinet a motion submitted at the meeting of the Council held on 2 March 2023.

RESOLVED that Cabinet, following the explanation of the motion and in accordance with the current Council Procedure Rule 12.8, that Cabinet does not recommend that the Council should support this motion in its original format.

Members considered a motion by Councillor Graham Steady that had been submitted to the Full Council meeting held on 2 March 2023, proposing that future capital receipts from the disposal of surplus land be reinvested in the respective town or parish where the land  was located. At that Council meeting Councillor Steady had presented reasons for discussing the motion on the night, highlighting the timing, the ongoing land disposal in Brightlingsea, potential funding opportunities, and the ability to deliver projects more efficiently. Councillor Chapman BEM had seconded the motion, emphasizing the experience of present Members and the collaboration between councils. However, the then Leader of the Council, former Councillor Stock OBE, had argued that the motion should be referred to the Cabinet, citing concerns about distribution of resources and the motion's limited impact. The Chairman of the Council had then ruled in favour of referral to the Cabinet, considering it an Executive function. Councillor Steady and Councillor Chapman BEM had then explained the purpose of the motion, focusing on fiscal devolution, local project completion, collaboration, and preventing funds from being centralized.

Under the Council Procedure Rules, Councillor Steady was granted the opportunity to answer questions and provide clarification at the Cabinet meeting, with a right of reply to the subsequent debate.

Cabinet was informed that Asset Management was an executive function delegated to the Cabinet collectively and, depending on the decision required, to the Portfolio Holder for Assets, as stated in Schedule 3 of Part 3 of the Council's Constitution. The Executive's overall responsibility, in accordance with the Council's Budget and Policy framework, was to carry out all functions of the Council, including "local choice functions," except for those functions that were excluded by the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and other legislation.

The Council's Property Dealing Procedure was outlined in Part 5 of the Constitution, which  had been previously approved by the Full Council.

The Principles of Decision Making, as detailed in Article 13 of the Constitution, were followed for all decisions:

(a) Proportionality, ensuring that the action was appropriate for the desired outcome.

(b) Consideration of all relevant factors and options, including consultation results and professional advice from Officers.

(c) Respect for human rights, equality, and diversity.

(d) A presumption in favor of openness.

(e) Clarity regarding aims and desired outcomes.

(f) Transparency, including an explanation of considered options and the reasons for the decision.

Having duly considered the contents of the submitted documentation and to comply with the Council’s Constitution (Council Procedure Rule 12):-

It was moved by Councillor Kotz, seconded by Councillor M Stephenson and:-

RESOLVED that Cabinet, following the explanation of the motion and in accordance with the current Council Procedure Rule 12.8, does not recommend that the Council should support this motion in its original format.