Agenda and minutes

Venue: Meeting was held pursuant to Statutory Instrument 2020/392.

Contact: Ian Ford Email:  democraticservices@tendringdc.gov.uk or Telephone on  01255 686584

Items
No. Item

55.

Apologies for Absence

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

 

Minutes:

Apologies for absence were submitted on behalf of Councillors Cawthron and Fairley. Apologies for absence were also submitted on behalf of Councillor Bush who later on was able to join the meeting during the consideration of the matters referred to in Minute 61 below.

56.

Minutes of the Last Meeting of the Council pdf icon PDF 156 KB

The Council is asked to approve, as a correct record, the minutes of the Council Meeting held on 24 November 2020.

Minutes:

It was moved by Councillor Stock OBE, seconded by Councillor Turner and:-

 

RESOLVED that the Minutes of the ordinary meeting of the Council held on 24 November 2020 be approved as a correct record and be signed by the Chairman.

57.

Declarations of Interest

Councillors are invited to declare any Disclosable Pecuniary Interests or Personal Interest, and the nature of it, in relation to any item on the agenda.

 

Minutes:

There were none on this occasion.

58.

Announcements by the Chairman of the Council

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

Minutes:

The Chairman of the Council (Councillor Land) urged all Members who needed support in their respective communities during the on-going pandemic to contact Russ Cole, the Council’s Community Engagement Manager on 01255 686700.

59.

Announcements by the Chief Executive

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

 

Minutes:

There were none on this occasion.

60.

Statements by the Leader of the Council

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.

 

Minutes:

Investors in People Award

 

The Leader of the Council (Councillor Stock OBE) made the following Statement:-

 

“Mr Chairman, I am pleased to announce that Tendring District Council has retained a prestigious award recognising our quality as an employer.

 

Investors in People, or IiP, assess employers on a range of factors, and we were last reviewed in 2019 – when we kept our existing Gold award.

 

Now, following a two-year review, IiP has once again conferred the Gold title onto this authority; meaning we have held a Gold award for five years now.

 

In his report the assessor said our “strategies and people plans/achievements have moved forward significantly since our last assessment”.

 

The fact we have achieved Gold for five years, even when the assessment criteria was made tougher last year, shows how we continue to build upon our success year-on-year.

 

This is a testimony to the work and dedication of all of our staff, right across the council, and especially considering the extraordinary challenges we have faced in 2020, and still face today.

 

We remain one of the largest employers in the District, with more than 600 full and part-time staff, so by leading by example we demonstrate the importance of this for other organisations and businesses in Tendring.

 

I am sure I speak for us all, but especially for the Human Resources and Council Tax Committee and for our Chief Executive as the Head of Paid Service, in thanking our staff and HR department for their hard work in serving our community.”

 

Virtual Meetings of the Council

 

Councillor Stock OBE reminded Members that they were able to meet virtually during the ongoing Covid-19 pandemic due to emergency Regulations that had been passed by Parliament. That secondary legislation was due to expire in early May 2021 and the Government had indicated that it did not intend to renew those Regulations as it would require primary legislation to be passed by Parliament. However, legal advice obtained by Essex County Council had indicated that there were ways to proceed which would not require such primary legislation to be enacted and that therefore he had written, in his capacity as chairman of the Greater Essex Leaders and Chief Executives Group to the Secretary of State for Housing and Communities to urge him to re-consider this matter.

61.

Statements by Members of the Cabinet

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.

 

Minutes:

Community Safety Projects Update

 

The Partnerships Portfolio Holder (Councillor McWilliams) made the following statement:-

 

“Thank you Chairman I would like to make a statement on the activities and projects delivered by our Community Safety during the last year in the midst of the pandemic.

 

The Impact Youth Project – UTURN4SUPPORT

 

The CSP funded £ 4,033.44 into “The Impact Youth Project”, a joint enterprise between UTurn4support and Essex Police, it is designed to provide young people in secondary schools across Tendring with early support, advice and information on county lines and knife related violence. The project was a direct response to an increase in the number of students being involved in county lines and knife related crime in Tendring.

 

Unite Our Communities – Colchester United Football Club

 

The CSP also funded £5,000 “Unite Our Communities” which is a programme with Colchester United of a school’s workshop delivered across Tendring schools specifically targeting early intervention in primary schools, which will also cover Extremism. The method will be helped by Peer-to-Peer feedback using role models in order to raise aspirations.

 

We started the programme in June last year and carried on over the summer, then stopped with Lockdown 2, but do hope to start again when schools are back.

 

Another CSP funded scheme of £ 2,500  will also deliver “Unite Our Communities” to the older children in transitioning stage between junior and secondary school,  in Years 7 and 8.

 

Crucial Crew

 

This year’s Young Persons Crucial Crew is being delivered virtually, again by around £10,000 of CSP’s funding in school classrooms with the help of Loudmouth Productions  The programme ‘Helping Hands’ has been designed and produced  by Loudmouth Education and Training through Theatre.

 

An online pre-recorded lesson has been created to help children to stay safe, using NSPCC’s guidelines.

 

Some of the themes the virtual lessons focus on are, teaching the children about their own safety, and what to be wary of during lockdown.

 

Topics include what are ‘unsafe secrets’, appropriate body contact, recognising feelings that may occur when feeling unsafe or troubled by an incident, and exposure to harms whilst online.

 

The programme explores, in a safe and gentle way difficult topics such as domestic abuse, child sexual exploitation, knife crime and various areas of vulnerability, supervised by Safer Communities Team members.

 

Community Safety and Health and Well-being Project – The SOS Bus Project

 

Several charities and organisations, known as SHELLS, are working together in Tendring to help support homeless people, or those at risk of homelessness, with their health and wellbeing.

 

The Open Road SOS bus enables SHELLS to provide an outreach service on Fridays to all Tendring residents on Clacton Town Square.

 

Joint Problem Solving Partnership Meetings was an amalgamation of individual groups with six separate meetings taking place across the partnership. 

 

The structure of these was discussed and reviewed to change from the former structure of a Multi-Agency Panel to a new Arrangement made up of 3 parts, which now comprises: of

 

Part 1-- General ASB and  ...  view the full minutes text for item 61.

62.

Petitions to Council

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

Minutes:

No Petitions had been submitted in accordance with the Scheme approved by the Council on this occasion.

63.

Questions Pursuant to Council Procedure Rule 10.1

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.

 

Minutes:

No Questions pursuant to Council Procedure Rule 10.1 from members of the public had been submitted in accordance with the rules approved by the Council on this occasion.

64.

Report of the Leader of the Council - A.1 - Urgent Cabinet or Portfolio Holder Decisions pdf icon PDF 167 KB

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).

 

Minutes:

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 received a report from the Leader of the Council which notified 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.

 

(1)    Acceptance of the Transfer of Plot 4, 8 Brunswick Gardens, Mistley, Manningtree

 

It was reported that, on 26 November 2020, the Assistant Director (Governance) & Monitoring Officer (Lisa Hastings), on behalf of the Housing Portfolio Holder (Councillor P B Honeywood), and in view of the urgency of the issue concerned, had in accordance with Rule 18(i) of the Overview and Scrutiny Procedure Rules, sought and subsequently obtained the Chairman of the Resources and Services Overview and Scrutiny Committee’s (Councillor M E Stephenson) consent that the Housing Portfolio Holder’s decision relating to the acceptance of the transfer of Plot 4, 8 Brunswick Gardens, Mistley, Manningtree would be exempt from the Council’s call-in procedure.

           

The Housing Portfolio Holder’s decision was as follows:

 

“To approve the acceptance of the transfer of Plot 4, 8 Brunswick Gardens, Mistley, Manningtree CO11 1FN; and acquiring a shareholding in Harwich Road Management Limited (Company Registration Number 11627235).”

 

It had been felt at that time that any delay likely to be caused by the usual key decision and call-in processes would have seriously prejudiced the Council’s and the public’s interest for the following reasons:-

 

“The decision is required urgently because, the Council had been put on notice that the delay to be caused by the call-in process would seriously prejudice the public interests.  The developer is unable to dispose of another other bungalow on the development site, which was due to be purchased by an elderly couple, who have nowhere else to live and will need to be put up in temporary accommodation– given the COVID risks currently this is unacceptable and would be putting them at great risk. 

 

The developer is restricted by the terms of the Section 106 Agreement in that they cannot dispose of properties until the gifted unit is transferred to the Council, completion was due for next Friday 4thDecember and they would like to complete on 27th November 2020.”

 

Council noted the foregoing.

65.

Minutes of Committees pdf icon PDF 147 KB

The Council will receive the minutes of the following Committees:

 

(a)       Resources and Services Overview & Scrutiny of Monday 16 November 2020;

 

(b)       Human Resources & Council Tax of Thursday 26 November 2020;

 

(c)       Audit of Monday 30 November 2020;

 

(d)       Resources & Services Overview & Scrutiny of Thursday 3 December 2020; and

 

(e)       Planning Policy & Local Plan of Monday 11 January 2021.

 

NOTE: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.

Additional documents:

Minutes:

It was moved by Councillor Stock OBE, seconded by Councillor G V Guglielmi and:-

 

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

 

(a)       Resources and Services Overview & Scrutiny of Monday 16 November 2020;

 

(b)       Human Resources & Council Tax of Thursday 26 November 2020;

 

(c)       Audit of Monday 30 November 2020;

 

(d)       Resources & Services Overview & Scrutiny of Thursday 3 December 2020; and

 

(e)       Planning Policy & Local Plan of Monday 11 January 2021.

 

NOTE: The Council did not receive Minute 41 of the meeting of the Planning Policy & Local Plan Committee held on 11 January 2021 at this time as it contained a recommendation to Council which was duly considered by Members later on in the meeting under Minute 69 below.

66.

Motions to Council

In accordance with the provisions of Council Procedure Rule 12, the Council will consider any Motion(s) to Council submitted by Councillors.

Minutes:

No Motions to Council had been submitted by Councillors in accordance with the provisions of Council Procedure Rule 12 on this occasion.

67.

Recommendations from the Cabinet

The Council is asked to consider any recommendations submitted to it by the Cabinet.

Minutes:

There were no recommendations submitted from the Cabinet for the Council to consider on this occasion.

68.

Reports Submitted to the Council by an Overview and Scrutiny Committee

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

 

Minutes:

No reports had been submitted by an Overview and Scrutiny Committee for the Council’s consideration on this occasion.

69.

Reference from the Planning Policy & Local Plan Committee - Formal Adoption of Section 1 of the Local Plan following the receipt of the Planning Inspector's Final Report pdf icon PDF 113 KB

The Council is asked to consider the recommendations submitted to it by the Planning Policy & Local Plan Committee in respect of the formal adoption of Section 1 of the Local Plan following the receipt of the Planning Inspector’s Final Report.

 

NOTE: The Planning Policy & Local Plan Committee considered this matter at its meeting held on 11 January 2021. The relevant Committee Report and Minute and the Committee’s recommendations to Council are contained within the Council Book.

Additional documents:

Minutes:

Council was aware that the Planning Policy & Local Plan Committee, at its meeting held on 11 January 2021 had considered, inter alia, a comprehensive report (and appendices) of the Corporate Director (Place & Economy) (A.1) which had:-

 

a)     reported the Local Plan Inspector’s final conclusions on the legal compliance and ‘soundness’ of the Section 1 Local Plan for North Essex following consultation on his recommended ‘Main Modifications’ and the subsequent receipt of his final report on 10th December 2020; 

 

b)     reported that, by incorporating the Inspector’s recommended Main Modifications, the Section 1 Local Plan met the tests for legal compliance and soundness - as required for a plan to proceed to formal adoption; and

 

c)      sought the Committee’s agreement that the modified Section 1 Local Plan be recommended to Full Council for formal adoption.

 

Having duly considered and discussed the contents of the report and its appendices the Planning Policy & Local Plan Committee had:-

 

RESOLVED that the Planning Policy and Local Plan Committee -

 

(a)       notes the findings of the Planning Inspector’s ‘Report on the Examination of the North Essex Authorities’ Shared Strategic Section 1 Plan received on 10th December 2020 (attached as Appendix 1 to item A.1 of the Report of the Corporate Director (Place & Economy) and his final ‘Schedule of Recommended Main Modifications’ (attached as Appendix 2 to the aforementioned report); and

 

(b)       authorises the Assistant Director (Strategic Planning & Place) to correct any minor administrative/typographical errors remaining within the ‘clean version’ of Appendix 3 prior to its submission to Full Council.”

 

In addition, the Planning Policy & Local Plan Committee had decided that it be:-

 

RECOMMENDED TO COUNCIL that the ‘Modified North Essex Authorities’ Shared Strategic Section 1 Plan’ (attached as Appendix 3 to item A.1 of the Report of the Corporate Director (Place & Economy) as a ‘tracked change’ version but to be followed by a ‘clean version’ that will be submitted to Full Council) that is the new Section 1 Local Plan incorporating the Inspector’s recommended main modifications be formally adopted by Tendring District Council in accordance with Section 23(3) of the Planning and Compulsory Purchase Act 2004.”

 

Council also had before it, which had been circulated to Members and published several days before the meeting, an update sheet prepared by Officers which set out that a small number of minor corrections ought to be made to the Section 1 Local Plan document if the Council was minded to agree the adoption of the Plan, as recommended by the Planning Policy and Local Plan Committee.

 

In addition, Members had had circulated to them shortly before the commencement of the meeting suggested wording of an alternative resolution for Council to consider which had been drafted by the Assistant Director (Governance) & Monitoring Officer (Lisa Hastings) to reflect the implications of the aforementioned update sheet.

 

The Chairman of the Planning Policy & Local Plan Committee (Councillor Turner) read out the following statement:-

“Good Evening Fellow Members, Officers and the Public.

 

It gives me and my Committee great pleasure to  ...  view the full minutes text for item 69.

70.

Report of the Chief Executive - A.2 - Change in Leadership of a Political Group pdf icon PDF 85 KB

To inform Council of a change in the leadership of the Holland-on-Sea political group on the Council.

Minutes:

The Chief Executive formally advised Council that, on 26 November 2020, Councillors K T King and Colin Winfield had served notice on the Council that, with effect from 23 November 2020 and pursuant to Regulation 8(5) of the Local Government (Committees and Political Groups) Regulations 1990, Councillor Winfield was henceforth to be treated as the Group Leader of the Holland-on-Sea political group and further that Councillor King was henceforth to be treated as the Deputy Group Leader of the Holland-on-Sea political group.

 

Council noted the foregoing.

71.

Report of the Chief Executive - A.3 - Membership of Committees pdf icon PDF 107 KB

To inform Council of changes in the membership of the Council’s standing Committees.

Additional documents:

Minutes:

The Chief Executive formally reported that, in accordance with the wishes of the Leader of the Holland-on-Sea Group, the Leader of the Tendring First Group and the authority delegated to him, the following appointments had been duly made since the last ordinary meeting of the Council -

 

Human Resources & Council Tax Committee

 

Councillor King had been appointed to serve in place of the late Councillor Broderick.

 

Councillor Knowles had been appointed to serve in place of Councillor Clifton.

 

Licensing & Registration Committee

 

Councillor Clifton had been appointed to serve in place of Councillor Knowles.

 

Planning Policy & Local Plan Committee

 

Councillor Winfield had been appointed to serve in place of the late Councillor Broderick.

 

Council noted the foregoing.

72.

Questions Pursuant to Council Procedure Rule 11.2

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.

 

Minutes:

No Member Questions pursuant to the provisions of Council Procedure Rule 11.2 had been submitted for this meeting by the deadline of Noon on Thursday 14 January 2021.

73.

Urgent Matters for Debate

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

 

Minutes:

There were no urgent matters for debate on this occasion.

74.

Exclusion of Press and Public

The Council is asked to consider passing the following resolution:

                       

“That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of Agenda Item 22 on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 2 and 4 of Part 1 of Schedule 12A, as amended, of the Act.”

Minutes:

It was moved by Councillor Stock OBE, seconded by Councillor G V Guglielmi and:-

 

RESOLVED that under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of Agenda Item 21 on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 2 and 4 of Part 1 of Schedule 12A, as amended, of the Act.

75.

Exempt Minutes of Committees

The Council will receive the exempt minute of the Human Resources and Council Tax Committee of Thursday 26 November 2020.

 

NOTE:The above exempt minute is presented to Council for information only.  Members can ask questions on its contents to the Chairman of the Committee but questions as to the accuracy of the minute must be asked at the meeting of the Committee when the minute is approved as a correct record.

Minutes:

It was moved by Councillor Stock OBE, seconded by Councillor G V Guglielmi and:-

 

RESOLVED that the exempt minute of the meeting of the Human Resources and Council Tax Committee held on Thursday 26 November 2020, be noted.