Agenda and minutes

The Chairman of the Council (Councillor Gary Scott) led the Council in a silent tribute to the memory of former Councillors Robert Bucke and Peter Cawthron who had both recently deceased.

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

Apologies for absence were submitted on behalf of Councillors Baker, Codling, Guglielmi, Platt and Thompson.

The Council is asked to approve, as a correct record, the minutes of the ordinary meeting of the Council held on 26 September 2023.

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

RESOLVED that the minutes of the ordinary meeting of the Council held on 26 September 2023 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 informed Members that, since the last meeting of the Full Council on 26 September 2023, he had attended the following civic events:-

3^rd October – Tendring Youth Awards 2023

5^th October – Tendring for Growth Awards

13^th October – Baby Loss Awareness event

16^th October – Grand Opening ceremony for the Little Pals Forest School Nursery

17^th October – Clacton Carnival presentations

27^th October – Baby Loss Awareness Tree Planting

28^th October – Clacton Lions Charter Night Dinner

29^th October – Halloween Judging at Elmstead Market

30^th October – Launch of Civic MoU with University of Essex

11^th November – Armistice Day Service at Alresford

12^th November – Remembrance Sunday Parade & Service at Clacton Town Hall and seafront Memorial Gardens

18^th November – Victorian Christmas market for Charity

21^st November – Latimer presentation to CVST

23^rd November – Pride of Tendring Awards Judging Panel

The Chairman invited Members to join him in the Chairman’s Parlour after the meeting for Mince Pies and refreshments.

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

The Chief Executive made the following announcement:-

“Mr. Chairman, Members, I need to inform Council that, due to unforeseen circumstances, two meetings have needed to be cancelled.

With the approval of the Chairman of the Standards Committee (Councillor Michael Talbot), the formal meeting of that Committee due to have taken place on Wednesday 6^th December 2023 has been cancelled and will be re-arranged in due course for early in the New Year. However, we are still hoping to provide Committee Members with the planned training on conducting Standards Hearings but, unfortunately, Officers will not be in a position to confirm this until tomorrow morning at the earliest.

In addition, with the approval of the Chairman of the Review of the Constitution Portfolio Holder Working Party (Councillor Mark Stephenson), the meeting of that Working Party which was due to be held tomorrow afternoon has been cancelled.

The business that would have been transacted at that meeting will be re-arranged for the next meeting of the Working Party which is due to be held on Wednesday 13^th December 2023.

Thank you, Chairman.”

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.

The Leader of the Council stated that he had also attended a good number of meetings on behalf of the Council. Particular highlights had included the Tendring Youth Awards and the signing of the Memorandum of Understanding with the University of Essex.

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.

Portfolio Holder for Leisure & Public Realm

The Portfolio Holder for Leisure & Public Realm (Councillor Barry) updated Council on his activities over the last six months. One priority had been to deliver a Leisure and Activity Strategy for the District. He stated that he had worked diligently with Officers and in consultation with relevant partners to lay the groundwork for an inclusive and far-reaching approach that would improve health and well-being opportunities for all of the District’s residents. Work on a delivery framework for that Strategy was also at an advanced stage.

He went on to state that he intended to revive the Tour de Tendring cycle event in May 2024. It had last taken place in 2019. This was an open, mass participation event and it would be expanded to have starts in both Dovercourt and Clacton that would hopefully enable even more people to take part. There was also an intention to utilise the relationship with the Arts Council to enhance the event with some Street Theatre and entertainment on the day.

Councillor Barry also took the opportunity to pay tribute to the professionalism of staff at Walton and Dovercourt Leisure Centres who had intervened on separate occasions to provide CPR and use the defibrillator to save the lives of two individuals who were suffering heart attacks. He commended the calmness and quick thinking of these employees in very difficult and challenging circumstances. Those officers were Sam Wilkinson, Glen Alston, Jane Hodges and Alan French (Walton Leisure Centre) and Cheryl Williams, Tom Crane and Sam Norman (Dovercourt Leisure Centre).

Councillor Barry then responded to questions asked by Councillors J Henderson and Fairley.

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.

No such questions had been received, on notice, from members of the public on this occasion.

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 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)    Accept Swimming Pool Support Fund Allocation from Sport England

It was reported that, on 9 October 2023, the Assistant Director (Economic Growth, Culture and Leisure) (Mike Carran), acting on behalf of the Leader of the Council & Portfolio Holder for Corporate Finance and Governance, in view of the urgency of the issue concerned, and in accordance with Rule 18(i) of the Overview & Scrutiny Procedure Rules, sought and subsequently obtained the Chairman of the Resources and Services Overview and Scrutiny Committee’s consent, that the Leader of the Council & Portfolio Holder for Corporate Finance and Governance’s decision relating to the Swimming Pool Support Fund allocation from Sport England, would be exempted from the call-in procedure.

The Leader of the Council & Portfolio Holder for Corporate Finance and Governance’s decision had been as follows:-

“To accept funding to the value of £388,717 from the Government’s Swimming Pool Support Fund, as administered by Sport England.”

It had been felt that any delay likely to be caused by the call-in process would have seriously prejudiced the Council’s and the public’s interest for the following reason:-

“The funding needed to be accepted by the Council by Tuesday 9th October, in order to secure the Government funding. If the Executive Decision was subject to call in, then it would not be possible to accept the funding on time, which would result in the Council missing out on this significant funding.

Background

In the 2023 Spring Budget, the Chancellor announced the Swimming Pool Support Fund (SPSF), making available £60 million for public swimming pool providers. The funding was to be distributed in two phases:

Phase I (which this decision refers to) offers £20 million to alleviate immediate cost pressures by providing revenue support, via a competitive grant application process. The SPSF is to fund increased costs associated with the operation of swimming pools for utility and pool chemical costs. Successful bids can receive a minimum of £10,000 and a maximum of £500,000, for all the facilities. The Council has been informed by Sport England that its bid to the fund for £388,717 towards in the increase in costs experienced at Clacton Leisure Centre, Dovercourt Bay Lifestyles and Walton on the Naze Lifestyles has been successful.

With that in mind, this decision is to accept the funding, to mitigate against that increase in costs. The funding can only be used to offset increased energy and chemical costs at Clacton Leisure Centre, Dovercourt Bay Lifestyles and Walton on the Naze Lifestyles and cannot be passed on to any other provider.

It  ...  view the full minutes text for item 73.

The Council will receive the minutes of the following Committees:

(a)    Audit of Thursday 5 October 2023;

(b)    Planning Policy & Local Plan of Thursday 5 October 2023;

(c)    Tendring / Colchester Borders Garden Community Joint Committee of Monday 9 October 2023; and

(d)    Human Resources & Council Tax of Thursday 12 October 2023.

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)   Audit of Thursday 5 October 2023;

(b)   Planning Policy & Local Plan of Thursday 5 October 2023;

(c)   Tendring / Colchester Borders Garden Community Joint Committee of Monday 9 October 2023; and

(d)   Human Resources & Council Tax of Thursday 12 October 2023.

Council will consider any Motions on Notice 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.

The Council is asked to consider the recommendation submitted to it by the Cabinet in respect of the final proposals for ‘Our Vision’, the Corporate Plan 2024/28.

Council was informed that, at its meeting held on 10 November 2023 (Minute 47 referred), the Cabinet had considered a report of the Leader of the Council & Portfolio Holder for Corporate Finance and Governance (A.2), which had sought its approval and recommendation to Full Council, of the final proposals for ‘Our Vision’ (the Corporate Plan 2024/28) following full consultation with the public, key partners and stakeholders.

It had been reported to Cabinet that the consultation process had included submission to the Resources and Services Overview and Scrutiny Committee, and consultation with residents and key partners (other Local Authorities, health service bodies, Fire & Rescue, Police and voluntary sector) and businesses. The feedback from the consultation process had been summarised within the Leader’s report.

It was felt that the final proposals for the Corporate Plan continued to follow the principles which had previously been agreed by the Cabinet, namely a “Plan on a Page” and with Community Leadership at its heart.

Cabinet was informed at their meeting that, through the consultation, there was broad support for the key themes, proposed at the 21 July 2023 meeting of Cabinet namely:-

Pride in our area and services to residents;

Raising aspirations and creating opportunities;

Championing our local environment;

Working with partners to improve quality of life; and

Financial Sustainability and openness.

Members had also been made aware that the three themes with the most relevance to the lives of respondents had been: “Pride in our area and services to residents”; “Championing our local environment”; and “Financial Sustainability and openness.”

The consultation outcomes had been set out in Appendix C to the Leader’s report, and based upon the findings and further reflection, some changes to the proposed text for the Themes, including an additional one around Tourism, had been shown in red in Appendix B to the Leader’s report.

The previously agreed timetable for completion of the Corporate Plan had still stood and sought approval by Full Council at this meeting.

In order to ensure that the views of local residents, businesses and partners (as expressed in the consultation findings set out in this report) were fully considered and to then facilitate the adoption of an informed Corporate Plan 2024-28 Cabinet had:-

“RESOLVED that -

(1)    the outcome of the consultation (set out at Appendix C to the Leader’s report (A.2)) on the emerging Corporate Plan (‘Our Vision’) themes and supporting text, approved on 21 July 2023 (and repeated at Appendix A), be received and considered, including:

a.   The consistently positive relevance of the themes in the emerging corporate plan to respondents and their lives – and particularly the themes around ‘Championing the Local Environment’, ‘Pride in our Area’ and ‘Financial Sustainability and Openness’;

b.   The strong messaging from residents around services provided by partner organisations (including the condition of pavements and roads and access to health services) that underpins the proposed theme of ‘Working with partners to improve quality of life’;

c.   The need to recognise the long term socio-economic necessities around  ...  view the full minutes text for item 76.

Council is asked to consider the recommendations submitted to it by the Cabinet in respect of the Local Council Tax Support Scheme 2024/2025, Council Tax Exemptions, Discounts and Premiums for 2024/2025 and the Annual Minimum Revenue Provision Policy Statement 2024/2025.

Council was informed that, at its meeting held on 10 November 2023 (Minute 53 referred) the Cabinet had considered a joint report of the Housing & Planning Portfolio Holder and Corporate Finance & Governance Portfolio Holder (A.8), which had sought its agreement for recommending to Full Council the following:

·      Local Council Tax Support Scheme 2024/25 (LCTS);

·      Exceptional Hardship Policy);

·      Discretionary Council Tax Exemptions, Discounts and Premiums for 2024/25; and

·      Annual MRP Policy Statement for 2024/25.

Having conducted the annual review of the above matters, those Portfolio Holders had proposed to Cabinet:-

(i)      to continue with the principles of providing financial stability wherever possible to Tendring claimants;

(ii)     to keep the 2024/25 LCTS scheme the same as for 2023/24, which provided for a maximum discount of 80% for working age claimants;

(iii)   to not make any changes to the associated hardship policy;

(iv)   to not make any changes for 2024/25 in relation to existing discretionary council tax discounts, exemptions and premiums (including discounts for young people leaving care;

(v)    to now charge from 1 April 2024 a 100% council tax premium on properties empty for one to five years;

(vi)   to introduce from 1 April 2025 a 100% council tax premium on properties occupied periodically (‘second homes’); and

(vii)  to not make any changes to the Annual Minimum Revenue Provision Policy Statement for 2024/25.

Cabinet had been made aware that the Government was also considering introducing council tax premium exemptions as they had recognised that there were circumstances where it might not be appropriate for premiums to apply e.g. properties undergoing probate. It was understood that those would be mandatory exemptions, which would therefore be applied from 2024/25 alongside any newly enacted legislation.

Members were informed at that Cabinet meeting that, if it was agreed that no changes were necessary to the proposed LCTS scheme, there would be no need for public consultation. However, if any amendments were proposed and approved at this Full Council meeting, then public consultation would be required before the final scheme could be agreed and adopted.  Consequently, if consultation was required, this Council would have to notify the precepting authorities that the final council tax base would be delayed and would not be available until late on in the budget cycle.

Given the recommendation to continue with the existing LCTS scheme, it had not been proposed at Cabinet to formally refer it for scrutiny to the Resources and Services Overview and Scrutiny Committee, on grounds that it would be considered by Full Council at this meeting.

In order to proceed towards the implementation of an LCTS Scheme in 2024/25 along with the required council tax discounts, exemptions and premiums and an MRP Policy Statement Cabinet had:-

“RESOLVED that Cabinet agrees that -

(a)    the LCTS scheme for 2024/25 remains the same as the current year (2023/24);

(b)    the Council Tax Exceptional Hardship Policy be as set out in Appendix B to the joint report; and

(c)    the discretionary Council Tax exemptions, discounts and premiums for 2024/25 be  ...  view the full minutes text for item 77.

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

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

To enable Full Council to consider a formal request from the Planning Committee that the commencement time for meetings of the Committee be amended from 6.00 p.m. to 5.00 p.m.

Council was informed 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.

An update sheet had been circulated to Members prior to that meeting with advice from the Council’s Monitoring Officer that had stated that the Planning Committee 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)). The Monitoring Officer had also suggested a way forward for the Planning Committee on this matter.

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.

It was moved by Councillor Fowler that the permanent commencement time of meetings of the Planning Committee be changed from 6.00 p.m. to 5.00 p.m.

Councillor M E Stephenson moved and Councillor I J Henderson seconded, by way of an amendment, 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.

The Leader of the Council (Councillor M E Stephenson) addressed Council on his amendment as follows:-

“I have seen the change proposed by the Planning Committee and I'm actually a great believer that Committees should be able to manage their own business in the way that works best for the Members of those Committees.  However, Full Council has approved a schedule of meetings based on a defined start time for Planning Committee Meetings of 6pm.  And we should not lightly set aside such decisions.  In fact, when other changes in arrangements for the Planning Committee have been considered (such as whether to continue with site visits) we have had a custom and practice of considering these through the Constitutional Review Working Party.  I think that route has worked in the past and I think this proposal should be referred there and, via Cabinet, come back here after that Group has considered the proposal.  I'm moving that as a proposal because I think we can then try to  ...  view the full minutes text for item 79.

To enable a Member from a political group that is not represented on the Cabinet to be appointed to serve on the Tendring / Colchester Borders Garden Community Joint Committee (TCBGCJC) as one of Tendring District Council’s three Member representatives.

This is in accordance with the terms of reference of the TCBGCJC, which are set out in Schedule 5 to Part 3 of the Council’s Constitution.

This is due to the fact that Councillor Guglielmi, who was appointed to the TCBGCJC in that capacity at the Annual Meeting of the Council on 23 May 2023, has subsequently become a member of the TCBGCJC by right in his capacity as the Chairman of the Planning Policy & Local Plan Committee (Minute 10 – 5.10.23 refers). That meant there was automatically a vacancy for a Member from a political group that is not represented on the Cabinet.

Council was aware that, under the jointly agreed terms of reference for the Tendring / Colchester Borders Garden Community Joint Committee (TCBGCJC), three Members of the TCBGCJC must be appointed by Tendring District Council. Those terms of reference for the TCBGCJC had been jointly approved by Essex County Council, Colchester City Council and Tendring District Council (TDC).

This was in accordance with the terms of reference of the TCBGCJC, which were set out in Schedule 5 to Part 3 of the Council’s Constitution.

Members recalled also that, at its meeting held on 30 November 2021 (Minute 93 refers), this Council had decided that those three Members would consist of:-

(i)      the Chairman of the Planning Policy and Local Plan Committee;

(ii)     a member of the Cabinet who will be duly appointed by the Leader of the Council; and

(iii)   a Member from a political group that is not represented on the Cabinet.

In addition, a Member would be appointed, who would act as TDC’s Substitute Member of the TCBGCJC when required.

At the Annual Meeting of the Council held on 23 May 2023 (Minute 21 referred) Council had resolvedthat –

(a)    the appointment of the Chairman of the Planning Policy and Local Plan Committee to serve on the Tendring / Colchester Borders Garden Community Joint Committee be endorsed;

(b)    Councillor Guglielmi be appointed as the Member from a political group that is not represented on the Cabinet to serve on the Tendring / Colchester Borders Garden Community Joint Committee;

(c)    Councillor Baker be appointed to serve as this Council’s Substitute Member on the Tendring / Colchester Borders Garden Community Joint Committee; and

(d)     the Leader of the Council be requested to appoint a member of the Cabinet to serve on the Tendring Colchester Borders Garden Community Joint Committee.

Subsequently, the Leader of the Council (Councillor M E Stephenson) had appointed Councillor Bush as the member of TDC’s Cabinet to serve on the TCBGCJC.

Since that time, Councillor Guglielmi had subsequently become a member of the TCBGCJC by right in his capacity as the recently elected Chairman of the Planning Policy & Local Plan Committee (Minute 10 – 5.10.23 referred). That meant that there was, automatically, a vacancy for a Member from a political group that was not represented on the Cabinet.

It was moved by Councillor M E Stephenson, seconded by Councillor P B Honeywood and:-

RESOLVED that Councillor M A Cossens be now appointed to serve on the Tendring / Colchester Borders Garden Community Joint Committee in order to fill the current vacancy.

The Vice-Chairman of the Tendring / Colchester Borders Garden Community Joint Committee (Councillor Bush) welcomed Councillor Cossens to the Joint Committee.

To formally report that Ian Lennard has resigned as a Member of Tendring District Council.

The Chief Executive formally reported that, on 3 November 2023, Councillor Ian Lennard had resigned as a Member of Tendring District Council. In his letter of resignation, he had wished all Members, and Officers, the very best in the Council’s continuing important work. 

The relevant declaration of vacancy in the office of District Councillor for the Bluehouse Ward had been given and the formal Notice of the vacancy had been posted at the Town Hall and on the Council’s website.

The Chief Executive further informed Council that, if the by-election was contested, the Poll would take place on Thursday 11 January 2024.

Council noted the foregoing.

To approve the reason for Councillor Jim Codling’s non-attendance at meetings of the Council etc. if he does not attend before 16 February 2024.

Council was informed that the last meeting, which Councillor Codling had attended, had been that of the Miscellaneous Licensing Sub-Committee meeting on 16 August 2023.

It was reported that Councillor Codling had emailed the Committee Services Manager on 11 October 2023 to inform the Council that, unfortunately due to health issues, he would be unable to attend Council et cetera meetings for the next three to four months i.e. until mid-January 2024 at the earliest.

Council was reminded that, if a Councillor did not attend any meeting of the Council (or any of its Committees or Sub-Committees) for a consecutive period of six months, Section 85 of Part V of the Local Government Act 1972 disqualified them unless the Full Council had approved the reason for non-attendance before the end of that period.

In the event that Council did approve his non-attendance, Councillor Codling would need to attend a meeting of Council, or a Council Committee, before 16 August 2024 in order to remain a Councillor (or otherwise be subject to a fresh approval of absence by Council prior to that date).

Members were made aware that this report could have been submitted to the Full Council meeting, due to be held on 30 January 2024, as that meeting was the last scheduled meeting of the Full Council before the six-month period expired, however, it had been submitted to this meeting of Full Council, in case that January meeting should need to be cancelled, for example, as a result of Winter bad weather, or a lack of business.

It was moved by Councillor M E Stephenson, seconded by Councillor P B Honeywood and:-

RESOLVED that the Council approves Councillor Codling’s reason (namely health issues) for non-attendance at meetings of the Council in the event of his not attending a meeting before 16 February 2024.

To inform Council of changes in the membership of Committees that have occurred since the last Ordinary Meeting of the Council on 26 September 2023. In addition, to inform Council that the Labour Group has a new Deputy Leader.

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

Audit Committee

Councillor Pam Morrison had been appointed to serve in place of former Councillor Ian Lennard.

Planning Committee

Councillor Lynda McWilliams had been appointed to serve in place of Councillor Jeff Bray.

Planning Policy & Local Plan Committee

Councillor Maria Fowler had been appointed to serve in place of former Councillor Ian Lennard.

In addition, the Chief Executive formally reported that Councillor Peter Kotz was the new Deputy Leader of the Labour Group in the stead of former Councillor Ian Lennard.

Council noted the foregoing.

To report the resignations from the Conservative Group of Councillors Bray and Harris and the formation of a new Political Group on Tendring District Council.

The Chief Executive formally reported that, pursuant to Regulation 10(b) of the Local Government (Committees and Political Groups) Regulations 1990, Councillors Jeffrey Bray and Peter Harris on 20 November 2023, had each served formal notice on the Council that they no longer wished to be treated as a member of the Conservative political group.

He further formally reported that, also on 20 November 2023, Councillor Bray and Councillor Harris, pursuant to Regulation 8 of the Local Government (Committees and Political Groups) Regulations 1990, had served formal notice on the Council that they wished to be treated as a political group. The name of the political group was to be the Tendring Residents’ Alliance Group. The Leader of the Tendring Residents’ Alliance Group was to be Councillor Bray and Councillor Harris was to be the deputy Group Leader.

Council was informed that, in accordance with Section 15(1) (e) of the Local Government and Housing Act 1989 and Regulation 17(b) of the Local Government (Committees and Political Groups) Regulations 1990 a review of the allocation of seats to political groups would be carried out. The outcome of that review, as agreed by Group Leaders, would be reported to the next ordinary meeting of the Full Council, which was due to be held on 30 January 2024.

Council noted the foregoing.

The Constitution (Article 12.03(a)) requires the Monitoring Officer to report to Council (or to Cabinet for executive functions) if any decision or omission has given rise to maladministration.  This report concerns an omission that the Local Government and Social Ombudsman (‘the Ombudsman’) has determined was maladministration.

Council was 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 concerned an omission that the Local Government and Social Ombudsman (‘the Ombudsman’) had determined was maladministration. 

It was reported that the complaint concerned the way the Council had handled a planning application for the change of use of land near the complainant’s home. The Ombudsman’s conclusion on this point was that there had been no fault in the Council’s consideration of the change of use application. However, the Ombudsman had found fault in the Council’s failure to include a specific condition limiting activities around that new use of the site.

The Council had acknowledged the frustration and uncertainty caused to the complainant by the failure to attach the specific condition referred to above. The Council had also reaffirmed its commitment to investigate any noise nuisance complaints, which might arise from the land with the approved change of use.

No financial payment had been made to the complainant in respect of the finding and the Ombudsman had not recommended such a payment.

Council noted the foregoing.

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.

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.

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 26 on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 3 and 4 of Part 1 of Schedule 12A, as amended, of the Act.”

It was moved by Councillor M E Stephenson, seconded by Councillor I J Henderson 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 26 on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 3 and 4 of Part 1 of Schedule 12A, as amended, of the Act.

The Council will receive the exempt minute of the meeting of the Human Resources & Council Tax Committee held on Thursday 12 October 2023.

NOTES:         

(1)  The above exempt minute is presented to Council for information only.  Members can ask questions on its content to the Committee’s Chairman but questions as to the accuracy of the minute must be asked at the meeting of the Committee when the exempt minute is approved as a correct record; and

(2)  If any recommendations to Council have been made by that Committee, these will be included within separate reports for Council to decide upon (i.e. by noting the exempt minute any such recommendations are not approved at this stage of the proceedings).

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

RESOLVED that the exempt minute of the meeting of the Human Resources & Council Tax Committee held on Thursday 12 October 2023 be received and noted.

The Chairman of the Council (Councillor Scott) wished everyone a Merry Christmas and a prosperous New Year. He hoped that everyone would have a wonderful time during the festive season.