Agenda and minutes

The Chairman congratulated the Committee Services Manager, Ian Ford, on reaching the milestone of 1,000 meetings at Tendring District Council.

Members showed their appreciation with a round of applause.

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

Apologies for absence were submitted on behalf of Councillors Callender, Coley, Davis, Hughes, Khan, King, Scott and M J D Skeels.

The Council is asked to approve, as a correct record, the minutes of the Council Meeting held on Tuesday 6 September 2016.

RESOLVED, that the minutes of the ordinary meeting of the Council, held on Tuesday 6 September 2016, be approved as a correct record and signed by the Chairman.

With regard to Minute 69, Councillor Broderick requested that it again be noted that she was opposed to any reduction in the number of Councillors from 60 to 48.

Councillors are invited to declare any disclosable pecuniary interests, or other interest, and the nature of it, in relation to any item on the agenda.

Councillors I J Henderson and Honeywood both declared a non-pecuniary interest in relation to the minutes of the meeting of the Standards Committee held on 26 September 2016 and, in particular, Minutes 14 and 17.

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

The Chairman’s and Vice-Chairman’s engagements for the period 2 September 2016 to 22 November 2016 were tabled at the meeting.

The Chairman was sad to announce the death of Parish Councillor Peter Dumsday, the Chairman of Weeley Parish Council. All persons present stood in silent tribute to the life of Peter Dumsday.

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

There were none 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 none 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 none on this occasion.

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

A petition has been submitted by Mrs Tracey White in respect of protecting open spaces in the Bockings Elm Ward and is reported for information under item A.1 of the Report of the Chief Executive.

In accordance with the Council’s approved scheme for dealing with petitions, the Chief Executive formally reported the receipt of a petition submitted by Mrs Tracey White, as lead petitioner. The petition had been signed by approximately 400 local residents and stated:

“We, the undersigned, are concerned about the increase in arrivals of caravans and camper vans from the travelling community in the Clacton area. We would like the Council to erect concrete bollards or stones along the edge of the field adjoining Woodrows Lane/Purley Way/Mayford Way, with one removable bollard to allow the Council Gardener access to mow the grass and empty the dog waste. The stones should allow mobility scooters and pushchairs through, but not motorised vehicles.”

The Chief Executive advised Members that, in accordance with the Council’s approved scheme for dealing with petitions, this matter would now be investigated and a report would be prepared and presented to Council.

Members were aware that the next practicable ordinary meeting of the Council would be on 24 January 2017.

Council was informed that. at that meeting, and in accordance with the Council’s approved scheme, Mrs White, as the lead petitioner, would be invited to address the Council, present the petition and outline the action that the petitioners would like the Council to take.  Members would then discuss the petition and decide what action, if any, should be taken.  Mrs White would then be informed, in writing, of the Council’s decision and the decision would be published on the Council’s website.

It was moved by Councillor Stock, seconded by Councillor Watling and:

RESOLVED - That the receipt of the Petition and the contents of the report be noted.

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 half an hour.

One question has been received, on notice, from a member of the public and is attached to this agenda.

The Council had received a question from a member of the public in relation to disruption caused to local residents by construction sites.

Notice of the question had been given in accordance with Council Procedure Rule 10.1.

Question

From Mrs Marguerite Kramer to Councillor Giles Watling, Portfolio Holder for Planning and Regeneration:

“Bearing in mind the problems for residents associated with infill brownfield development sites in residential areas, such as excessive noise, dust, pollution, toxic dust from breeze block cutting, diesel fumes, over-looking from flats,  and the potential strain on the local infra-structure:  is it reasonable for Tendring District Council  to approve such development, which may not be implemented  in accordance with the national Construction Code of Practice and national legislation, thus causing harm to  local residents, who  lose their legal right to the peaceful enjoyment of their property, both during and sometimes after construction (where over-looking takes place)?”

Councillor Watling responded as follows:

“Thank you Mrs Kramer for your question. I do not think that there is one person in this Chamber who would disagree that it can be terribly distressing to have building works going on right next to you. I’ve experienced it and Councillor Turner is going through it right now. But I have to speak as the Portfolio Holder for Planning and, of course, it is not in my remit to comment on individual cases and it is not for me, of course, to influence any decisions made. Those are for the Planning Committee and the Planning department but we all sympathise with you on this.

The Planning department receives many applications for land that is adjacent to other properties and existing development. In the determination of each application the proximity of the proposed development and the long-term impact on neighbouring properties is taken into account. This would include the long-term impact of any over-looking once the development is complete. However, reasonable separation distances have to be taken into account as well and it is unlikely for a development to be refused if the degree of over-looking is not considered to be harmful. As local infrastructure is an important consideration, in-fill sites often locate new development in areas where infrastructure is extant. Planning permission can not be reasonably refused where there are no valid planning grounds to do so. In some cases an Officer or Appeal Inspector will add planning conditions to a decision that are considered reasonable to assist in controlling the manner in which the development is carried out. Conditions added to planning applications sometimes include the parking of vehicles for site operators and visitors, the unloading of plant and materials, the storage of plant and materials during construction and wheel washing facilities with major developments.

The rights of neighbouring development are also protected by statutory powers given to local authorities to deal with noise, dust, pollution and fumes. If a development is causing you statutory nuisance, under the terms of those powers in place then action can be taken to stop works whilst  ...  view the full minutes text for item 80.

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 or Sub-Committees.

The time allocated for receiving and disposing of questions shall be a maximum of 45 minutes. Any question not disposed of at the end of this time shall be the subject of a written response, copied to all Members unless withdrawn by the questioner.

Two questions have been received, on notice, from Members and they are attached to this Agenda,

The Council had received questions from Members in relation to:

(1)       Process/stages for collecting Council Tax arrears; and

(2)       Level of resources available within the Planning Enforcement section.

Notice of the questions had been given in accordance with Council Procedure Rule 11.2.

Question One

From Councillor Richard Everett to Councillor Tom Howard, Portfolio Holder for Finance, Revenues & Benefits:

“Can the Portfolio Holder for Finance, Revenue and Benefits please set out the process / stages for collection of council tax arrears paying particular intention to the following issues (and the timescales over which they are taken):

at what point do arrears become counted as overdue;

when communications are sent to individuals in arrears;

at what point do arrears become a debt;

when is court action considered;

at what point is court action commenced;

when, if appropriate, attachment to earnings are commenced;

and can he advise whether this procedure is different in any way when it involves a Councillor?”

Councillor Howard responded as follows:

“I thank Councillor Everett for his question and I set out the recovery processes involved in the collection of Council Tax as follows which covers the specific points he has raised.

The recovery process follows the relevant legislation applied, regulations and best practice. By default, Council Taxpayers are offered 10 monthly instalments to pay the annual amount due but they can on request an extension to 12 months. After a minimum period of 14 days of an instalment falling due if payment has not been received a Reminder is issued which would also explain the next stage of the recovery process. Following receipt of a Reminder Council Taxpayers are given at least seven days to make payment but in practice they are given slightly longer to the end of the relevant month to make the payment.

If payment is not received by the end of the relevant month a Summons would be issued during the following month for the full amount which, in effect, gives a further 16 days for the outstanding amount to be paid before the Court date.

If payment is not received by the Court date a Liability Order for the full amount will be sought by the Court which in effect confirms the outstanding amount as a recoverable debt. Once a Liability Order is obtained a number of recovery powers become available to the Council which would include Attachment of Earnings, deductions from Member Allowances, enforcement agents and deductions from benefits.

Following the Court hearing an information request is issued to every person where a Liability Order has been obtained giving them the opportunity to secure an arrangement in order to clear the outstanding debt and making them aware of the different types of enforcement action that can be taken against them if they fail to secure an arrangement or adhere to one if obtained. After a minimum period of 14 days after a Liability Order being obtained the Council would consider which recovery avenue to pursue based on the information held  ...  view the full minutes text for item 81.

The Council will receive a report on any Cabinet decisions taken as a matter of urgency in accordance with Access to Information Procedure Rule 17.4, Budget and Policy Framework Procedure Rule 6(b) and/or Overview and Scrutiny Procedure Rule 18(i).

There is no report on this occasion.

The Council would receive a report on any Cabinet decisions taken as a matter of urgency in accordance with Access to Information Procedure Rule 17.4, Budget and Policy Framework Procedure Rule 6(b) and/or Overview and Scrutiny Procedure Rule 18(i).

There was no such report on this occasion.

The Council will receive the minutes of the following Committees:

(a)  Human Resources Committee of Tuesday 28 June 2016;

(b)  Corporate Management Committee of Monday 12 September 2016;

(c)  Service Development and Delivery Committee of Monday 19 September 2016;

(d)  Audit Committee of Thursday 22 September 2016;

(e)  Standards Committee of Monday 26 September 2016;

(f)   Corporate Management Committee of Monday 26 September 2016;

(g)  Local Plan Committee of Tuesday 27 September 2016;

(h)  Community Leadership and Partnerships Committee of Monday 3 October 2016;

(i)    Service Development and Delivery Committee of Monday 24 October 2016; and

(j)    Local Plan Committee of Thursday 3 November 2016.

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.

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

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

(a)  Human Resources Committee of Tuesday 28 June 2016;

(b)  Corporate Management Committee of Monday 12 September 2016;

(c)  Service Development and Delivery Committee of Monday 19 September 2016;

(d)  Audit Committee of Thursday 22 September 2016;

(e)  Corporate Management Committee of Monday 26 September 2016;

(f)   Local Plan Committee of Tuesday 27 September 2016;

(g)  Community Leadership and Partnerships Committee of Monday 3 October 2016;

(h)  Service Development and Delivery Committee of Monday 24 October 2016; and

(i)    Local Plan Committee of Thursday 3 November 2016.

It was then moved by Councillor Stock and seconded by Councillor Heaney that:

(a)  the minutes of the meeting of the Standards Committee held on 26 September 2016, as circulated, be received and noted; and

(b)  the recommendation to Council, as contained in Minute No.14 (resolution (f)) of the Standards Committee of 26 September 2016 and as set out below, be approved:

“to amend the Complaints Procedure, as set out in the Constitution to allow the Monitoring Officer, at their own discretion and, in exceptional cases, following consultation with the Chief Executive and the Chairman of the Standards Committee, to decide to refer cases to the Committee for determination where the outcome of an investigation was to recommend no breach of the Code of Conduct.”

It was then moved by Councillor Calver and seconded by Councillor Bray that Councillor Stock’s motion be amended to read as follows:

(a)  that the minutes of the meeting of the Standards Committee held on 26 September 2016, as circulated, be received and noted; and

(b)  that the recommendation to Council, as contained in Minute No.14 (resolution (f)) of the Standards Committee of 26 September 2016 and as set out below, be approved:

“to amend the Complaints Procedure, as set out in the Constitution to allow the Monitoring Officer, at their own discretion and, in exceptional cases, following consultation with the Chief Executive, to decide to refer cases to the Committee for determination where the outcome of an investigation was to recommend no breach of the Code of Conduct.”

Following concerns raised by Members with respect to the original recommendation of the Standards Committee and pursuant to Council Procedure Rule 16.6 (Alteration of Motion), Councillor Stock, with the consent of both the meeting and his seconder, Councillor Heaney, indicated that he was prepared to alter his motion so that it read as follows:

(a)  that the minutes of the meeting of the Standards Committee held on 26 September 2016, as circulated, be received and noted; and

(b)  that consideration of the recommendation to Council, as contained in Minute No.14 (resolution (f)) of the Standards Committee of 26 September 2016 be deferred and that the matter be referred back to the Standards Committee for reconsideration.

Councillor Calver and Councillor Bray both agreed to withdraw the amendment.

Councillor Stock’s motion, as altered, on being put  ...  view the full minutes text for item 83.

The Council will consider a motion, notice of which has been given by Councillor Nicholls, pursuant to Council Procedure Rule 12.

The wording of the motion is attached to this Agenda.

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

“Following increasing concerns by people living in the rural villages of Tendring, this Council demands the Police Officer in charge of Tendring Police Division provide sufficient Police Officers to carry out speed enforcement checks within the rural area of Tendring as well as a full Speed Watch training programme for all Town and Parish Councils.

This request is made in the interest of road safety to stop potential serious and fatal road accidents and in accordance with the seventh priority of the Police & Crime Commissioner’s Crime Plan to improve safety on the county's roads.

Council will agree that the Community Safety Manager and Portfolio Holder for Community Safety should both work with the District Police Commander to draw up a plan to tackle this very serious issue.”

The Chairman informed Council that, pursuant to Council Procedure Rule 12.4, she would allow the motion to be dealt with at this meeting.

Councillor Nicholls formally moved his motion and Councillor Heaney formally seconded the motion.

Councillor Nicholls then explained his motion. Councillor Bucke the spoke on the motion.

It was then moved by Councillor Stephenson and seconded by Councillor Bray that Councillor Nicholls’ motion be amended to read as follows:

“Following increasing concerns by people living in the district of Tendring, this Council demands the Police Officer in charge of Tendring Police Division provide sufficient Police Officers to carry out speed enforcement checks within the rural and built up areas of Tendring as well as a full Speed Watch training programme for all Town and Parish Councils or community groups requiring it.

This request is made in the interest of road safety to stop potential serious and fatal road accidents and in accordance with the seventh priority of the Police & Crime Commissioner’s Crime Plan to improve safety on the county's roads.

Council will agree that the Community Safety Manager and Portfolio Holder for Community Safety should both work with the District Police Commander to draw up a plan to tackle this very serious issue.”

Councillors Howard, Everett, I J Henderson, Baker, Parsons, G V Guglielmi, Winfield, Bray and Nicholls all addressed the Council on the amendment.

Having listened to the debate and pursuant to Council Procedure Rule 16.6 (Alteration of Motion), Councillor Nicholls, with the consent of both the meeting and his seconder, Councillor Heaney, indicated that he was prepared to alter his motion to incorporate the amendments proposed by Councillors Stephenson and Bray.

Councillor Nicholls’ motion, as altered, on being put to the vote, was declared CARRIED.

The Council is asked to consider the recommendations submitted to it by the Cabinet in respect of the Local Council Tax Support Scheme 2017/18 (including associated exceptional hardship policy), Council Tax Exemptions for 2017/2018 and the Annual Minimum Revenue Provision Policy Statement 2017/2018.

The Cabinet’s recommendations are highlighted in BOLD in the attached Cabinet minute.

The Council had before it the recommendations submitted to it by the Cabinet in respect of the Local Council Tax Support Scheme 2017/2018, Council Tax Exemptions for 2017/2018, the Annual Minimum Revenue Provision Policy Statement 2017/2018 and Hardship Policy.

It was moved by Councillor Howard and RESOLVED that:

(a)       the Local Council Tax Support Scheme (LCTS) remains the same as the current year and that therefore:

i)          the LCTS be approved with the maximum LCTS award being 80% for working age claimants; and

ii)         delegation be given to the Corporate Director (Life Opportunities), in consultation with the Revenues and Benefits Portfolio Holder, to undertake the necessary steps and actions to implement the LCTS scheme from 1 April 2016.

(b)       the proposed Council Tax exemptions and discounts, as set out in Appendix B, be approved and that delegation is given to the Corporate Director (Life Opportunities), in consultation with the Revenues and Benefits Portfolio Holder, to undertake the necessary steps and actions to implement the Council Tax exemptions and discounts for 2016/2017.

(c)       the Annual Minimum Revenue Provision (MRP) Policy Statement for 2016/17, as set out in Appendix C, be approved.

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

There are none on this occasion.

There were none on this occasion.

To formally report that Councillor M J D Skeels Snr. has left the Coastal Independents Group and has since joined the Conservative Group.

The Chief Executive formally reported that, pursuant to Regulation 9(b) of the Local Government (Committees and Political Groups) Regulations 1990, Councillor Michael John Daniel Skeels has served formal notice on the Council that he wished to be treated as a member of the Conservative political group. That notice had been counter-signed by the Deputy Leader of the Conservative Group (Councillor G V Guglielmi).

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 had subsequently been carried out. No changes to the membership of Committees had been required as a result of that review.

Council noted the foregoing.

To formally report that Councillor J A Brown has left the UKIP Group.

The Chief Executive formally reported that, pursuant to Regulation 10(b) of the Local Government (Committees and Political Groups) Regulations 1990, Councillor John Anthony Brown had served formal notice on the Council that he no longer wished to be treated as a member of the UKIP political group.

Council noted the foregoing.

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

There were none on this occasion.

The Council is asked to approve the following proposed 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 Items 21 and 22 on the grounds that they involve the likely disclosure of exempt information as defined in the relevant paragraphs of Part 1 of Schedule 12A, as amended, of the Act.”

It was moved by Councillor Stock, seconded by Councillor Turner 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 Items 21 and 22 on the grounds that they involve the likely disclosure of exempt information as defined in the relevant paragraph(s) of Part 1 of Schedule 12A, as amended, of the Act.

The Council will receive the exempt minute of the meeting of the Audit Committee held on Thursday 22 September 2016.

NOTE:            The above minute is presented to Council for information only.  Members can ask questions on its content 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 minute is approved as a correct record.

It was moved by Councillor Stock, seconded by Councillor Turner and RESOLVED that the exempt minute of the meeting of the Audit Committee held on 22 September 2016, as circulated, be received and noted.

The Council will receive the exempt minute of the meeting of the Standards Committee held on Monday 26 September 2016.

NOTE:            The above minute is presented to Council for information only.  Members can ask questions on its content 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 minute is approved as a correct record.

It was moved by Councillor Stock, seconded by Councillor Turner and RESOLVED that the exempt minute of the meeting of the Standards Committee held on 26 September 2016, as circulated, be received and noted.