Agenda and draft minutes

Venue: Princes Theatre - Town Hall, Station Road, Clacton-on-Sea, CO15 1SE. View directions

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

Items
No. Item

59.

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 Porter.

 

60.

Minutes of the Last Meeting of the Council pdf icon PDF 358 KB

The Council is asked to approve, as a correct record, the minutes of the Council Meeting held on Tuesday 13 July 2021

Minutes:

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

 

RESOLVED that the minutes of the ordinary meeting of the Council held on 13 July 2021 be approved as a correct record and be signed by the Chairman.

61.

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.

62.

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 Bray) made the following announcements:-

 

Nominations for Pride of Tendring Awards

 

The Chairman was pleased to announce that the nomination period for the Pride of Tendring Awards 2022 was now open.  The nomination period would be open until 5pm on Monday 25th October 2022.

 

The Pride of Tendring Awards 2022 evening would take place on Friday 11th February 2022 and he hoped to see all Members there.

 

Santathon

 

The Chairman informed Members that a registration form for entry to the Chairman’s Santathon had been placed on their tables this evening. The Santathon would take place on Saturday 4th December 2021 to raise money for the Chairman’s Charity (Community Voluntary Services Tendring - CVST).

 

Chairman’s Charity Raffle

 

The Chairman also informed Members that raffle tickets had also been placed on their tables this evening. The raffle was in aid of the Chairman’s Charity (CVST).

63.

Announcements by the Chief Executive

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

 

Minutes:

The Chief Executive made the following announcements:-

 

Alresford Neighbourhood Plan Referendum – Thursday 9 September 2021

 

“Members will be aware that Alresford Parish Council has developed its own Neighbourhood Plan for the Parish and that the latest step in the process of adopting the Alresford Neighbourhood Plan took place on Thursday of last week with a referendum in the Parish. I was Counting Officer for the Alresford Neighbourhood Plan referendum on 9 September and the turnout was within a fraction of 25% of all electors. 502 ballots were counted and the outcome was 483 (or 96.4%) in favour of adopting the Plan and 18 (or 3.6%) against. The “YES” vote will now be the basis of a decision to formally adopt the Plan at Cabinet on 8 October.”

 

Councillors Scott and Turner responded to the contents of this Announcement.

 

Cabinet Meeting – Friday 17 September 2021

 

The Chief Executive reminded Members that this Friday’s meeting of the Cabinet was being held in the Council Chamber, at the Council’s Offices at Weeley rather than in the usual venue of the Town Hall in Clacton-on-Sea.

64.

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:

The Leader of the Council (Councillor Stock OBE) informed Council that a new Members’ Enquiries system would be operation from 1 October 2021 and that details of this would be circulated to Members in the near future.

65.

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:

Action on Climate Change Update

 

The Environment & Public Space Portfolio Holder (Councillor Talbot) made the following statement:-

 

“Dear Fellow Members,

 

Herewith the updated situation with regard to our Climate Change objectives driving towards the Net Carbon Zero policy adopted by Council last year.

 

You will remember that earlier I reported on our efforts to have Solar Panels fitted to roofs of Council houses along with battery storage units, fed from the individual panels. Discussion have been taking place with an organisation who claims they can supply, on a lease arrangement, solar panels and batteries for our Council houses. Our officers are not yet convinced that what is promised, can in fact be delivered, but we will have to decide one way or another whether this is go or no – go!


The next step is to commission The Association for Public Service Excellence (APSE) to look at solar more generally for us, including the feasibility of a Solar Farm in the District and other options for our roofs.
Tim R. Clarke suggested to me that if we can deliver on the roofs of Tendring’s Council houses, then that is still the preferred option, as it also helps to addresses fuel poverty. If this comes to fruition it would also mean that consideration of a TDC solar farm can be deferred to later.

 

There is financial help available through the ‘Social Housing Decarbonisation Fund’–. The fact is that we have an opportunity to bid into a £160 million fund to improve the energy performance of our council houses. Andy White’s team are working on this and in addition to insulation and heating improvements, it could include solar panels and batteries. Funding these through a grant will obviously be better than ’leasing them’ so this may prove to be the direction to go in. I am sure we all wish success to the team working on this.

 

Lee Heley on secondment from ECC and a Corporate Director, has special responsibility for Climate Change in Tendring and is supporting a new Climate Change Project Group which will include both knowledgeable Members, such as, I hope, Alan Coley, who was Chairman of the original working party, and other Assistant Directors This group’s job will be to drive the projects and strategy. It is also intended to form an officer group for those with an interest in Climate Change, even though the subject is not part of their job role. We are hoping that such a group of enthusiastic individuals, can help to drive change and thinking within teams and services and come up with good ideas.

 

Data collection – we are almost complete on our data collection for our carbon emissions for the 2020/21 financial year and Tim has commissioned APSE Energy to undertake the analysis for us. The 2019/20 data had been submitted to APSE for analysis, but they (and now us) have identified some missing data that we are trying to get hold of. This perhaps highlights the difficulties we have in  ...  view the full minutes text for item 65.

66.

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.

67.

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 had been received, on notice, from members of the public on this occasion.

68.

Report of the Leader of the Council - Urgent Cabinet or Portfolio Holder Decisions

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:

There was no such report of the Leader of the Council for Members to consider on this occasion.

69.

Minutes of Committees pdf icon PDF 429 KB

The Council will receive the minutes of the following Committees:

 

(a) Resources and Services Overview & Scrutiny of Monday 5 July 2021;

 

(b) Human Resources & Council Tax Committee of Wednesday 7 July 2021;  and

 

(c) Audit Committee of Thursday 29 July 2021.

 

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).

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 5 July 2021;

 

(b)          Human Resources & Council Tax of Wednesday 7 July 2021; and

 

(c)          Audit of Thursday 29 July 2021.

 

70.

Motion to Council Pursuant to Council Procedure Rule 12 - Planning Applications and the Public's Right to Object pdf icon PDF 106 KB

In accordance with the provisions of Council Procedure Rule 12, the Council will consider a Motion to Council submitted by Councillor Chris Griffiths.

 

“This Council believes that planning works best,  when developers and local communities work together  to shape local areas and deliver necessary new homes, and therefore calls on the Government, to protect the rights  of all communities to object to individual planning applications.”

Minutes:

Council had before it the following motion, notice of which had been given by Councillor Chris Griffiths pursuant to Council Procedure Rule 12:-

 

“This Council believes that planning works best,  when developers and local communities work together  to shape local areas and deliver necessary new homes, and therefore calls on the Government, to protect the rights  of all communities to object to individual planning applications.”

 

Councillor Griffiths formally moved the motion and Councillor Alexander formally seconded the motion.

 

Councillor Griffiths then gave his reasons why they felt that it would be appropriate for the motion to be dealt with at the meeting, namely that there was a need to urgently respond to the Government’s consultation on its proposed planning reforms and draft legislation.

 

The Leader of the Council, (Councillor Stock OBE), raised no objection to the Motion being considered at this meeting.

 

The Chairman (Councillor Bray) then made his ruling on whether the motion should be dealt with at the meeting or stand referred. He decided that the motion would be dealt with at the meeting.

 

Councillor Griffiths then explained the purpose of the Motion in accordance with the provisions of Council Procedure Rule 12.4.2.

 

Councillors Baker, I J Henderson, Miles and Stock OBE contributed to the debate on the motion.

 

On being put to the vote the motion was declared unanimously CARRIED.

 

 

 

 

 

 

 

 

71.

Motion to Council Pursuant to Council Procedure Rule 12 - ECC's Public Consultation on safer, greener, healthier travel from Jaywick Sands to Clacton-on-Sea pdf icon PDF 137 KB

In accordance with the provisions of Council Procedure Rule 12, the Council will consider a Motion to Council submitted by Councillor Maurice  Alexander:-

 

“On 10th August 2021 Tendring District Councillors were all informed of plans for residents to have their say on safer, greener, healthier travel from Jaywick Sands to Clacton in a consultation that started the very next day.

 

Whilst many residents will quite rightly support cleaner air, safer roads and the tackling climate change they have a right to know the details of the scheme and how it will affect them, especially as their views are being sort. It’s the open and transparent thing to do.

 

Sadly, this consultation asks generic, general questions and glosses over details such as the possible concreting over of part of Clacton’s greensward, the removal of parking spaces used by residents and visitors, the narrowing of primary roads and the riding of cycles on the pavement of a busy crossroads crowded by families with excited young children.

 

Therefore, this Council instructs the Chief Executive to write to Essex County Council and inform them that this Council opposes the scheme in its present form as it sees no reason to put a cycle path across part of the West Greensward when an adequate cycle path already exists and feels the Pier to Station part of the proposals excludes rather than includes the town and would cause unnecessary disruption and congestion. Tendring District Council therefore requests instead that a route that benefits residents, visitors, and the future of Clacton town centre is developed and consulted on properly with residents.”

Minutes:

Council had before it the following motion, notice of which had been given by Councillor Maurice Alexander pursuant to Council Procedure Rule 12:-

 

“On 10th August 2021 Tendring District Councillors were allinformed of plans for residents to have their say on safer, greener, healthier travel from Jaywick Sands to Clacton in a consultation that started the very next day.

 

Whilst many residents will quite rightly support cleaner air, safer roads and the tackling climate change they have a right to know the details of the scheme and how it will affect them, especially as their views are being sort. It’s the open and transparent thing to do.

 

Sadly, this consultation asks generic, general questions and glosses over details such as the possible concreting over of part of Clacton’s greensward, the removal of parking spaces used by residents and visitors, the narrowing of primary roads and the riding of cycles on the pavement of a busy crossroads crowded by families with excited young children.

 

Therefore, this Council instructs the Chief Executive to write toEssex County Council and inform them that this Councilopposes the scheme in its present form as it sees no reason to put a cycle path across part of the West Greensward when an adequate cycle path already exists and feels the Pier to Station part of the proposals excludes rather than includes the town and would cause unnecessary disruption and congestion. Tendring District Council therefore requests insteadthat a route that benefits residents, visitors, and the future of Clacton town centre is developed and consulted on properly with residents.”

 

Councillor Alexander formally moved the motion, and Councillor P B Honeywoodformally seconded the motion.

 

Councillor Alexander then gave his reasons why he felt that it would be appropriate for the motion to be dealt with at the meeting, namely that the consultation period had closed two days earlier and that therefore there was an urgent need to submit this Council’s representations to Essex County Council.

 

The Leader of the Council, (Councillor Stock OBE), did not object to this motion being dealt with at this meeting.

 

The Chairman (Councillor Bray) then made his ruling on whether the motion should be dealt with at the meeting or stand referred. He decided that the motion would be dealt with at this meeting.

 

Councillor Alexander then explained the purpose of the Motion in accordance with the provisions of Council Procedure Rule 12.4.2.

 

Councillors I J Henderson, Miles, Turner, Griffiths, Nash, P B Honeywood, Winfield, M E Stephenson, Calver and Stock OBE contributed to the debate on the motion.

 

On being put to the vote the motion was declared CARRIED.

72.

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.

73.

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:

There were no reports submitted by an Overview and Scrutiny Committee for the Council to consider on this occasion.

74.

Report of the Chief Executive - A.2 - Councillors' Non-Attendance at Meetings pdf icon PDF 57 KB

In accordance with Article 2.06 of the Council’s Constitution to inform Council that Councillors Calver, Cawthron and G L Stephenson have exceeded four months without attending a meeting of the Council or attending a meeting of a committee or sub-committee of the Council either as an appointed member of a committee/sub-committee or as a substitute member of a committee/sub-committee.

 

Minutes:

In accordance with Article 2.06 of the Council’s Constitution, the Chief Executive informed Council that Councillors Calver, Cawthron and G L Stephenson had each exceeded four months without attending a meeting of the Council or attending a meeting of a committee or sub-committee of the Council either as an appointed member of a committee/sub-committee or as a substitute member of a committee/sub-committee.

 

Pursuant to the provisions of Council Procedure Rule 16.12 (Personal Explanation) Councillor Calver reminded Members that he had not attended meetings due to the restrictive impact on him personally of the Covid-19 regulations then in place.

 

Council noted the foregoing.

75.

Report of the Chief Executive - A.3 - Changes in Membership of Committees pdf icon PDF 53 KB

To inform Council of any changes in the membership of Committees that have occurred since the last ordinary meeting of the Council.

Minutes:

The Chief Executive formally reported that, in accordance with the wishes of the Leader of the Independent Group and the authority delegated to him, the following appointment had been duly made since the last ordinary meeting of the Council, namely:-

 

Community Leadership Overview & Scrutiny Committee

 

Councillor Chapman had been appointed to serve in place of Councillor Davis.

 

Council noted the foregoing.

76.

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.

 

Question One

 

From Councillor Maria Fowler to Councillor Alex Porter, Portfolio Holder for Leisure and Tourism:

 

 

'Will the Portfolio Holder for Leisure and Tourism please advise members as to why the future of council's leisure centres has not been scrutinised by the relevant committee prior to any consultation or cabinet decision.'

Question Two

 

From Councillor Mick Barry to Councillor Alex Porter, Portfolio Holder for Leisure and Tourism:

 

‘As we begin to emerge from the pandemic and look towards the road to recovery, the importance and profile of physical activity in improving the well-being of residents has never been greater.

Being physically active and participating in sports activities is one of the most effective ways to enrich the lives of the people of Tendring and the communities we live in.

Against this background it is a matter of great concern that the involvement of this council in the operation of Manningtree Sports Centre has ended and reviews of similar arrangements at Brightlingsea and Harwich sports centres are scheduled to take place in the next few months.

Will the portfolio holder for Leisure and Tourism confirm that joint user agreements currently in place at Brightlingsea and Harwich sports centres will be revised and updated and that leisure provision for residents in those communities will be safeguarded and enhanced?’

 

Question Three

 

From Councillor Graham Steady to Councillor Alex Porter, Portfolio Holder for Leisure and Tourism:

 

‘The Council’s head of Sport and Leisure attended a Resources and Services Overview and Scrutiny Committee meeting on 14th October 2019 and minutes from that meeting state (para30.)

 ‘He advised the Committee that later in this Calendar Year there was intended to be consideration by Cabinet of a 10 year Strategy for Sports facilities in the District as provided by the council.’ 

He identified underpinning themes of the new Strategy as:

(1)  Securing the financial sustainability of the Council’s leisure and sports facilities.

(2)  Seeking to harness the work being undertaken with Sport England to break the cycle of inactivity and consequential health problems and design services that will align with the outcomes of the project.

(3)  Adjusting the service offer and pricing policy to respond to the changing market in leisure facility provision nationally and attract more users.

 Can the Portfolio Holder for Leisure and Tourism update council on the position of the 10 year strategy and confirm that the underpinning themes will be paramount when considering the future of all leisure service provision in the district?’

 

 

 

Minutes:

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.

 

Three questions had been submitted by Members on this occasion as set out below:-

 

Question One

 

Councillor Maria Fowler had asked Councillor Alex Porter, the Portfolio Holder for Leisure and Tourism:

 

Will the Portfolio Holder for Leisure and Tourism please advise Members as to why the future of the Council's leisure centres has not been scrutinised by the relevant committee prior to any consultation or Cabinet decision?”

 

In the absence of Councillor Porter, the Leader of the Council (Councillor Neil Stock OBE) replied on his behalf as follows:-

 

“As Members are aware, agreements for the joint use facilities at Harwich and Brightlingsea have expired and an extension has been agreed with the Governing Trust of the schools, until the end of December.

     

A decision has only just been taken to go out to consultation and it is open to the respective committees to request this matter as an agenda item, if they see fit.”  

 

Question Two

 

Councillor Mick Barry had asked Councillor Alex Porter, the Portfolio Holder for Leisure and Tourism:

 

“As we begin to emerge from the pandemic and look towards the road to recovery, the importance and profile of physical activity in improving the well-being of residents has never been greater.

 

Being physically active and participating in sports activities is one of the most effective ways to enrich the lives of the people of Tendring and the communities we live in.

 

Against this background it is a matter of great concern that the involvement of this Council in the operation of Manningtree Sports Centre has ended and reviews of similar arrangements at Brightlingsea and Harwich sports centres are scheduled to take place in the next few months.

 

Will the Portfolio Holder for Leisure and Tourism confirm that joint user agreements currently in place at Brightlingsea and Harwich sports centres will be revised and updated and that leisure provision for residents in those communities will be safeguarded and enhanced?”

 

In the absence of Councillor Porter, the Leader of the Council (Councillor Neil Stock OBE) replied on his behalf as follows:-

 

“The current agreements with Brightlingsea and Harwich have reached their expiry, and as such an extension has been secured until the end of December, allowing for a full governance process to take place. A full six-week consultation will be undertaken with local centre users and non-users to provide Cabinet with the information required to make an appropriate key decision for these facilities, which are not owned by this Council.”

 

Councillor Barry then asked a question of clarification to which Councillor Stock OBE responded.

 

Question Three

 

Councillor Graham Steady had asked Councillor Alex Porter, the Portfolio Holder for Leisure and Tourism:

 

“The Council’s Head of Sport and Leisure attended a Resources and Services Overview and Scrutiny Committee meeting on 14th October 2019 and minutes from that meeting  ...  view the full minutes text for item 76.

77.

Seating Plan for Full Council Meetings - Princes Theatre pdf icon PDF 358 KB

To enable Members to formally approve the seating plan for any future non-socially distanced meetings of the Full Council to be held in the Princes Theatre, Town Hall, Station Road, Clacton-on-Sea.

Minutes:

Members’ approval was sought of the proposed seating plan for any future non-socially distanced meetings of the Full Council to be held in the Princes Theatre, Town Hall, Station Road, Clacton-on-Sea.

 

It was RESOLVED that the proposed seating plan for any future non-socially distanced meetings of the Full Council to be held in the Princes Theatre, Town Hall, Station Road, Clacton-on-Sea, be approved.

78.

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 Council to debate on this occasion.