Agenda and minutes

The Chairman of the Council (Councillor Scott) welcomed the return to Full Council of Councillor Codling following his prolonged period of ill health. The Chairman then led Members in a round of applause.

The Council is asked to note any apologies for absence received from Members.

An apology for absence was submitted on behalf of Councillors Bush, Ferguson, Land, Thompson and Wiggins.

The Council is asked to approve, as a correct record, the minutes of the Budget and Council Tax setting meeting of the Council held on 13 February 2024.

It was RESOLVED that the minutes of the Budget and Council Tax setting meeting of the Council held on 13 February 2024 be approved as a correct record and be signed by the Chairman.

Councillors are invited to declare any Disclosable Pecuniary Interests, Other Registerable Interests or Non-Registerable Interests, and the nature of it, in relation to any item on the agenda.

There were no declarations of interest made by Members on this occasion.

The Council is asked to note any announcements made by the Chairman of the Council.

The Chairman of the Council updated Members on his recent attendance at the:-

(1)    Raising of the Commonwealth Flag at the Town Hall; and

(2)    Chairman’s Charity Quiz held in Alresford.

The Council is asked to note any announcements made by the Chief Executive.

There were no announcements made by the Chief Executive on this occasion.

The Council is asked to note any statements made by the Leader of the Council. 

Councillors may then ask questions of the Leader on his statements.

There were no statements made by the Leader of the Council on this occasion.

The Council is asked to note any statements made by Members of the Cabinet (Portfolio Holders).

Councillors may then ask questions of the Portfolio Holders on their statements.

There were no statements made by members of the Cabinet on this occasion.

The Council will receive the annual State of the Tendring District Statement from the Leader of the Council.

The Council received the Annual State of the Tendring District Statement from the Leader of the Council as follows:-

“Chairman, Councillors and members of the public, I am delighted to present to you this year's State of Tendring address. This statement is intended to give you an overview of some of the Council's achievements over the past year and from my time as the Leader, since May last year. As you will all be aware there were a number of changes in the May 2023 elections and for some of you this is your first time as an elected District Councillor, so this is an opportunity to reflect on the journey we have been on over the past months as well as to consider the priorities and challenges that lay ahead.

Being an effective Councillor requires both commitment and hard work and as Councillors each of us represents our community and the interests of our residents and we should not understate our role in representing and doing the right thing for Tendring. Being an elected member is both rewarding and a privilege. It is undeniably a great honour to have the trust of residents placed into our hands, and we are all in a position to make a difference in the quality of other people's daily lives and the prospects they have. I believe we lead the way in Tendring, with innovative solutions, single-minded positivity, matched with a 'can-do' attitude, as we aim to work with our many partners, nationally, regionally and locally.

Every effective administration should clearly define its priorities for the duration of its term. I trust that you are all familiar with these priorities, as the new Administration collaborated to formulate and establish a new Corporate Plan, called Our Vision. This plan outlines the Council's vision and key objectives for the forthcoming four years and last week the detail for our first year was approved by Cabinet and gives more detail on how we aim to deliver on those priorities.

I bring up the Corporate Plan because we have made extensive efforts to engage with the residents of Tendring to fully grasp what matters to them, and what doesn't. This Corporate Plan serves as a blueprint for all councillors, outlining the desires and priorities of the residents. With this in mind, I would like to highlight some of the progress and achievements we've made since May 2023.

Undoubtedly, the levelling up funds have been a top priority. Work has commenced to deliver the Levelling Up Fund in Clacton, with the demolition of Carnarvon House paving the way for new homes and an overhaul of the car park. Collaborating with Essex County Council, plans are underway to rebuild the library and introduce adult community learning, while the University of Essex's Centre for Coastal Community is set to establish a base in the new hub.

Furthermore, Capital Regeneration Projects in Dovercourt are underway, where consultation has taken place ahead of improvements to Kingsway, to transform the look and  ...  view the full minutes text for item 131.

The Council will consider any petition(s) received in accordance with the Scheme approved by the Council.

No petition had been received, in accordance with the scheme approved by the Council, on this occasion.

Subject to the required notice being given, members of the public can ask questions of the Leader of the Council, Portfolio Holders or Chairmen of Committees.

The Chairman shall determine the number of questions to be tabled at a particular meeting in order to limit the time for questions and answers to 21 minutes.

Subject to the required notice being given, members of the public could ask questions of the Leader of the Council, Portfolio Holders or Chairmen of Committees.

One such question had been received, on notice, from a member of the public as follows:-

Question

From Katie Richards of the Laughing Lobster Club Wild Swimmers (262 members), on behalf of that Club and also Mental Health Swims Holland-on-Sea (212 members), Bluetits Swimmers, Clacton-on-Sea (over 1k members) and the Tendring Wanderers walking group (678 members) to Councillor Peter Kotz, Portfolio Holder for Assets:

“Will the Portfolio Holder for Assets agree to open one additional toilet all year round in Clacton-on-Sea (Russell Road site) and that one additional toilet be opened all year round in Holland-on-Sea (Kingscliff site)?

This would reflect the many more people now using our beautiful seafront to improve their physical and mental wellbeing.  The people this would benefit includes sea swimmers, cyclists, joggers, walkers, dog walkers, all local residents and of course our visitors whom we highly value bringing trade to the local area. Having these two additional toilets open along the seafront through the winter season would mean there would not be too far between facilities (and nearby to our swim/walk locations).  This would be such a relief for so many of our members and enable people to spend more time outdoors, rather than having to rush home and cut short their activities.”

The Chairman of the Council read out the following statement to Members:-

“Councillors, we have on our Agenda this evening a Question to the Portfolio for Assets (Councillor Kotz) that has been submitted by Katie Richards of the Laughing Lobster Club Wild Swimmers, on behalf of that Club and also Mental Health Swims Holland-on-Sea, Bluetits Swimmers, Clacton-on-Sea and the Tendring Wanderers walking group.

Unfortunately, Katie is unable to attend this evening due to her family commitments. However, having considered her request and pursuant to Council Procedure Rule 29 (Interpretation of Procedure Rules) I am making a ruling as to the construction or application of Council Procedure Rule 10.7 so as to allow another member of the public to ask the question on Katie’s behalf.

I therefore cordially invite Kim Wilson to now come forward and ask the Question.”

Kim Wilson thereupon put the question to the Portfolio Holder for Assets.

The Portfolio Holder for Assets replied as follows:-

“Thank you Mr. Chairman. I thank Katie Richards for giving notice of her question and I also thank Kim Wilson for asking the question at the meeting tonight.

The Public Health Act 1936 gives local authorities a power to provide public conveniences, but it imposes no duty on them to do so: the service is discretionary.

Tendring District Council currently provides 28 public conveniences with 18 open year-round in addition to 8 Changing Place facilities.

A comprehensive review of public conveniences was conducted in 2016 by the then Commercialisation Portfolio Holder Working Party. Recommendations included to reduce annual revenue budgets by the agreed closure or seasonal closure  ...  view the full minutes text for item 133.

The Council will receive a report on any Cabinet or Portfolio Holder Decisions taken as a matter of urgency in accordance with Access to Information Procedure Rule 16.2, Budget and Policy Framework Procedure Rule 6(b) and/or Overview and Scrutiny Procedure Rule 18(i).

In accordance with the requirements of Rule 16.2 of the Access to Information Procedure Rules and Rule 18(i) of the Overview and Scrutiny Procedure Rules, Council would receive a report from the Leader of the Council which would notify Members of any recent Executive Decision(s) taken in the circumstances set out in Rule 15 of the Access to Information Procedure Rules and/or Rule 18(i) of the Overview and Scrutiny Procedure Rules and/or Rule 6(b) of the Budget and Policy Framework Procedure Rules.

There was no such report required of the Leader of the Council on this occasion.

Council will receive the minutes of the following Committees:

(a)    Human Resources & Council Tax of Monday 26 February 2024; and

(b)    Planning Policy & Local Plan of Tuesday 27 February 2024.

NOTES:         

(1)   The above minutes are presented to Council for information only.  Members can ask questions on their contents to the relevant Chairman but questions as to the accuracy of the minutes must be asked at the meeting of the Committee when the relevant minutes are approved as a correct record; and

(2)  If any recommendations to Council have been made by those Committees, these are included within separate reports for Council to decide upon (i.e. by noting the minutes those recommendations are not approved at this stage of the proceedings).

It was moved by Councillor M E Stephenson and:-

RESOLVED that the minutes of the following Committees, as circulated, be received and noted:-

(a)    Human Resources & Council Tax of Monday 26 February 2024; and

(b)    Planning Policy & Local Plan Committee of Tuesday 27 February 2024.

Council will consider any motions on notice that have been submitted in accordance with the provisions of Council Procedure Rule 12.

No Motions on Notice had been submitted in accordance with Council Procedure Rule 12 for this meeting.

To enable the Council to consider the recommendation of the Cabinet in relation to the adoption of the Annual Capital and Treasury Strategy for 2024/25.

(THIS REPORT IS “TO FOLLOW”)

Council considered a Reference Report (A.1), which enable it to review and approve the Annual Capital and Treasury Strategy for 2024/25 (including the Prudential and Treasury indicators).

Members were informed that, on 12 March 2024 (Minute 104 referred), the Cabinet had considered a report of the Corporate Finance and Governance Portfolio Holder in relation to the Annual Capital and Treasury Strategy for 2024/25 (including the Prudential and Treasury Indicators).

At that meeting it had been:

“RESOLVED that Cabinet –

a)     notes the contents of the attached earlier Officer report to the Corporate Finance and Governance Portfolio Holder; and

b)     agrees the Annual Capital and Treasury Strategy for 2024/25 (including Prudential and Treasury Indicators) and that it be submitted to Council for approval.”

A copy of the published Corporate Finance and Governance Portfolio Holder’s report to the Cabinet meeting held on 12 March 2024, together with the Annual Capital and Treasury Strategy 2024/25, were attached as appendices to the reference report (A.1).

Councillor Guglielmi addressed the Council on the subject matter of this item.

It was moved by Councillor M E Stephenson and:-

RESOLVED that the Annual Capital and Treasury Strategy for 2024/25 (including Prudential and Treasury Indicators) be approved.

To enable full Council to decide whether to permanently change the commencement time of meetings of the Planning Committee from 6.00 p.m. to 5.00 p.m.

Council was aware that the Planning Committee, at its meeting held on 28 September 2023 (Minute 41 referred) had considered, at the request of its Chairman (Councillor Fowler), whether to amend the start time of future meetings of the Planning Committee. The Planning Committee had been made aware that it did not have the delegated power and that only Full Council could amend the permanent start time of a Committee’s meetings under the Council’s Constitution (Council Procedure Rule 35.1 (Ordinary Meetings of Committees)).

Having discussed the matter, the Planning Committee had resolved, by six votes in favour to one against, that -

(a)   the meetings of the Planning Committee due to be held on Tuesday 24 October 2023 commencing at 6.00 p.m. and on Tuesday 21 November 2023 commencing at 6.00 p.m. be cancelled;

(b)   the Chairman of the Planning Committee be requested to exercise their delegated power under Council Procedure Rule 35.2 (Special Meetings) and to call special meetings of the Planning Committee to be held on the following dates:-

Tuesday 24 October 2023 commencing at 5.00 p.m.

Tuesday 21 November 2023 commencing at 5.00 p.m.

(c)   Full Council be requested to change the permanent commencement time of meetings of the Planning Committee from 6.00 p.m. to 5.00 p.m.

Full Council had duly considered that request at its meeting held on 28 November 2023 (Minute 79 referred). Following debate, Council had resolved that the proposal from the Planning Committee for its scheduled meetings to commence at 5.00 p.m., rather than 6.00 p.m., be referred to the Review of the Constitution Portfolio Holder Working Party for its consideration, and recommendation thereon to Cabinet, and thence back to Council for its final determination.

It was reported that in accordance with that decision of Full Council this matter had been referred to the Review of the Constitution Portfolio Holder Working Party at its meeting held on 13 December 2023. The Working Party had decided at that time that all Members of the Council be surveyed as to which of the following options for the start time of Planning Committee meetings they supported and that they be requested to give their reasons as to why they had supported that option:-

(1)    afternoon, following the Committee’s site visits;

(2)    5.00 p.m.;

(3)    6.00 p.m.

The collated results of that survey had been duly reported to the Working Party at its meeting held on 18 January 2024. Having considered and discussed those results the Working Party had decided to recommend to the Cabinet, via the Corporate Finance & Governance Portfolio Holder, that it should endorse the Planning Committee’s request.

Cabinet had duly considered that recommendation at its meeting held on 16 February 2024 (Minute 91referred) and had decided that it would recommend to Full Council:-

“That, in accordance with the outcome of consultation with Members, the commencement time of meetings of the Planning Committee should be amended to 5.00 p.m. and that if a Ward Member / referrer for a planning application so requests, the  ...  view the full minutes text for item 138.

In accordance with the provisions of Article 15.02 (a) and (c) of the Council’s Constitution,  to approve the recommended changes to the Constitution put forward by the Monitoring Officer and the Cabinet following a review undertaken by the Corporate Finance and Governance Portfolio Holder through a Working Party constituted for this purpose.

In accordance with the provisions of Article 15.02 (a) and (c) of the Council’s Constitution, Council considered the recommended changes to the Constitution put forward by the Monitoring Officer and the Cabinet following a review undertaken by the Corporate Finance and Governance Portfolio Holder through a Working Party constituted for that purpose.

It was reported that, on 16 February 2024 (Minute 91 referred), Cabinet had considered a report of the Corporate Finance and Governance Portfolio Holder, which requested it to approve the recommended changes to the Constitution for referral onto Full Council. The main proposals covered a number of miscellaneous amendments to the Articles of the Constitution, Access to Information Procedure Rules, Overview and Scrutiny Procedure Rules, the Financial Procedure Rules, the Webcasting Protocol, the Members’ Referral Scheme for Planning Applications (Planning Code & Protocol), the Members’ Allowances Scheme, the Functions and Delegated Powers of Portfolio Holders, Committees and Proper Officers and Officer Employment Procedure Rules, in order to ensure the Council’s Constitution remained effective, efficient and consistent at an operational level. 

A summary of the proposed changes compared to the existing Parts of the Constitution was provided under each heading in the background section of the Joint Report of the Monitoring Officer and the Cabinet (A.3) and in each case, the content had been revised to provide greater clarity, ensure effectiveness and efficient up to date working practices for both Members and Officers and also to ensure it was in accordance with legislation, where necessary.

Having considered the outcome of the annual review of the Constitution and the Cabinet’s recommendations arising therefrom, and in order to enable those recommendations to be approved and adopted:-

It was moved by Councillor M E Stephenson that Council resolved that:

(a)    the Council’s Constitution be amended to reflect the proposed changes as set out in Appendices A to L attached hereto the Monitoring Officer’s and Cabinet’s joint report (A.3);

(b)    Council notes and endorses that a comprehensive review of the Constitution will be undertaken and that it is likely to take place in 2025-2026; and

(c)    Council notes, welcomes and endorses that the Monitoring Officer, in consultation with the Corporate Finance & Governance Portfolio Holder, intends to exercise her delegated powers and make amendments to the following part of the Council’s Constitution:-

Article 10 (Community Consultation and Participation) - Table 2 will be updated.

Councillor Guglielmi addressed the Council during the debate on Councillor Stephenson’s motion.

It was moved by Councillor Harris and seconded by Councillor Alexander that Councillor M E Stephenson’s motion be amended by the addition of the following new paragraph:-

“(d) that the terms of reference of the Planning Committee and the Members’ Referral Scheme for Planning Applications be amended to allow the relevant Ward councillor(s) (or in exceptional circumstances, a member of the Planning Committee with the approval of the Chairman of the Planning Committee) to ‘call-in’ to the Planning Committee any planning application submitted to remove a Tree Preservation Order.”

Councillors Baker, I J Henderson, Harris and  ...  view the full minutes text for item 139.

The Council is asked to consider any reports submitted to it by an Overview and Scrutiny Committee.

Council would consider any reports submitted to it by an Overview and Scrutiny Committee.

No such reports had been submitted for consideration at this meeting.

To inform Council of changes in the membership of Committees that have occurred since the last Ordinary Meeting of the Council on 30 January 2024.

The Chief Executive formally reported that, pursuant to the provisions of Section 16(2) of the Local Government and Housing Act 1989 and in accordance with the wishes of the Leader of the Conservative Group and the authority delegated to him, the following change had been duly made since the last ordinary meeting of the Council, namely:-

Councillor Richard Everett had been removed from the membership of the Planning Committee.

That seat remained vacant pending the Council’s consideration of matters reported under Minute 143 below.

Council noted the foregoing.

To inform Council of changes in the membership of political groups on the Council that have occurred since the last Ordinary Meeting of the Council on 30 January 2024.

The Chief Executive formally advised Council that, prior to the commencement of the meeting of the Full Council held on 30 January 2024 and pursuant to Regulation 10(d) of the Local Government (Committees and Political Groups) Regulations 1990, a majority of the members of the Conservative Group had served formal notice on the Council that they no longer wished Councillor Richard Everett to be treated as a member of the Conservative political group.

The Chief Executive further informed Members that, following that meeting of the Full Council, Councillor Everett had served formal notice on the Council that he wished to be treated as a member of the Tendring Residents’ Alliance political group. That notice had been duly counter-signed by the Leader of the Tendring Residents’ Alliance Group (Councillor Jeff Bray).

It was reported that Councillors Everett and Bray, via that notice, had informed Officers that they wished to exercise their right under Section 15(1)(e) of the Local Government and Housing Act 1989 and Regulation 17(c) of the Local Government (Committees and Political Groups) Regulations 1990 to have a review of the allocation of seats to political groups carried out. The results of that review were reported to Council under Minute 143 below.

Council noted the foregoing.

To inform Council of the outcome of a review of the allocation of seats to political groups carried out in accordance with Section 15(1) (e) of the Local Government and Housing Act 1989 and Regulation 17(b) and (d) of the Local Government (Committees and Political Groups) Regulations 1990.

Council was aware that, following the formation of the Tendring Residents’ Alliance political group (as previously reported to Council at its meeting held on 28 November 2023), the by-election held in the Bluehouse Ward on 11 January 2024 and Councillor Everett’s decision to join the Tendring Residents’ Alliance political group (following his exclusion from the Conservative political group) a review of the allocation of seats to political groups on relevant Committees and Sub-Committees needed to be carried out in accordance with Section 15(1) (e) of the Local Government and Housing Act 1989 and Regulation 17(b) and (d) of the Local Government (Committees and Political Groups) Regulations 1990.

Council, with the assistance of the contents of the Chief Executive’s report (A.6), formally conducted the review referred to above.

It was moved by Councillor M E Stephenson, seconded by Councillor I J Hendersonand:-

RESOLVED that -

(a)    Council approves the review of the allocation of places on relevant Committees, as set out in Table 2 of the report (A.6), insofar as it represents the application of the “Principles”;

(b)    based on the principles set out in this report, the allocation of places on relevant Committees be as follows in Table 8 (based on Table 4 as amended by Tables 6 & 7 above) on the basis that these apply the principles referred to above;

Table 8

(c)    Council endorses and approves the appointment of Members to serve on the relevant Committees et cetera, as set out in Appendix 1 to the report (A.6).

It was then moved by Councillor M E Stephenson, seconded by Councillor I J Henderson and:-

RESOLVED - (d) that Councillor Casey be appointed to the unallocated seats on the Licensing and Registration Committee and the Miscellaneous Licensing Sub-Committee.

To present the Council’s draft Pay Policy Statement for 2024/25 for approval and adoption.

The Chief Executive and the Assistant Director (Governance) & Monitoring Officer each declared an Interest in this item and withdrew from the meeting during the consideration thereof and the voting thereon.

Council was reminded that the Localism Act 2011 Section 38 (1) required the Council to prepare a Pay Policy Statement each year. The Pay Policy Statement articulated the Council's approach to a range of issues relating to the pay of its workforce.

Council was aware that the Human Resources & Council Tax Committee had historically overseen the preparation of a draft Pay Policy Statement for recommendation onto Full Council for approval and adoption for the subsequent financial year to ensure that remuneration was set within the wider pay context, also giving due consideration to the relationship between the highest and lowest paid in the organisation.

Members were informed that the draft Pay Policy Statement had been considered by the Human Resources and Council Tax Committee at its meeting held on 26 February 2024 (Minute 30 referred) and that that Committee had decided to recommend the statement to Full Council for its approval.

In order to comply with the requirements of the Localism Act 2011, Section 38(1) that the Council must adopt and publish an annual Pay Policy Statement:-

It was moved by Councillor Chapman BEM, seconded by Councillor Guglielmi and:-

RESOLVED that the Pay Policy Statement 2024/25, as set out in the Appendix to item A.7 of the Report of the Assistant Director (Partnerships), be approved and adopted.

To report the finding by the Local Government and Social Care Ombudsman on a complaint determined by them in respect of a non-executive matter.

Members were reminded that the Constitution (Article 12.03(a)) required the Monitoring Officer to report to Council (or to Cabinet for executive functions) if any decision or omission had given rise to maladministration.  This report (A.8) concerned an omission that the Local Government and Social Ombudsman (‘the Ombudsman’) had determined was maladministration. 

Members were made aware that this report was also required under section 5 of the Local Government and Housing Act 1989 in view of the aforementioned decision in this matter by the Local Government and Social Care Ombudsman as was mentioned in Part 3 of the Local Government Act 1974.  The Chief Executive and Section 151 Officer had been consulted in the preparation of this report.

Council was informed that the complaint concerned the way the Council had handled a planning enforcement and anti-social behaviour report from a member of the public.  The member of the public had reported to the Council alleged breaches of planning control (and anti-social behaviour) which they said had meant they could not use and enjoy their own property in the area concerned.

By way of background, it was reported that Councils could take enforcement action if they found that planning rules had been breached. However, councils should not take enforcement action just because there had been a breach of planning control. Planning enforcement was discretionary and formal action should happen only when it would be a proportionate response to the breach. When deciding whether to enforce, councils should consider the likely impact of harm to the public and whether they might grant approval if they were to receive an application for the development or use.

Council was advised that, in this case, the Council had received and acted on an initial report of planning breaches (and anti-social behaviour).  This had included meeting with the individual concerned.  A further communication from the individual was then not directly responded to by the Council in a timely way.  The Council had though, across that time, undertaken extensive works to establish the degree of the planning breach and to inform action on the reports received.  Interaction with the landowner in respect of matters at the site concerned had also been undertaken to address issues raised by the member of the public. 

Members were told that the non-response to the second communication referenced above was, the Ombudsman had concluded, maladministration.  The Ombudsman had been satisfied that the member of the public concerned had suffered avoidable frustration and uncertainty during the period to date.  The planning enforcement case was still open.

The Ombudsman had identified the following as an acceptable remedy and the Council had agreed to this as a suitable remedy:

a)    Within one month to provide a written apology for the delay identified and it’s planning enforcement investigation.  This had been done.

b)    Within one month to make a symbolic payment of £250 to recognise the avoidable frustration and inconvenience caused.  The detail to facilitate this payment had been sought.

c)    Decide if and what planning enforcement  ...  view the full minutes text for item 145.

Subject to the required notice being given, Members of the Council can ask questions of the Chairman of the Council, the Leader of the Council, Portfolio Holders or Chairmen of Committees.

The time allocated for receiving and disposing of questions shall be a maximum of 30 minutes. Any question not disposed of at the end of this time shall be the subject of a written response, copied to all Members the following working day unless withdrawn by the questioner.

Subject to the required notice being given, Members of the Council could ask questions of the Chairman of the Council, the Leader of the Council, Portfolio Holders or Chairmen of Committees.

No such questions had been submitted for this meeting of the Council.

To enable Full Council to approve the seating plan for its meetings to be held during the remainder of the 2023/2024 Municipal Year. The seating plan has been amended to reflect the formation of the Tendring Residents’ Alliance political group and the result of the Bluehouse Ward by-election in January 2024.

Council considered whether to approve the seating plan for its meetings to be held during the remainder of the 2023/2024 Municipal Year. The seating plan had been amended to reflect the formation of the Tendring Residents’ Alliance political group and the result of the Bluehouse Ward by-election in January 2024.

It was moved by Councillor M E Stephenson, seconded by Councillor I J Hendersonand:-

RESOLVED that the seating plan for full Council meetings to be held in the Princes Theatre during the remainder of the 2023/2024 Municipal Year be approved.

The Council will consider any urgent matters submitted in accordance with Council Procedure Rules 3(xv), 11.3(b) and/or 13(p).

No urgent matters had been submitted in accordance with Council Procedure Rules 3(xv), 11.3(b) and/or 13(p) for this meeting.