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

Apologies for absence were submitted on behalf of Councillors Callender, Davis, Hughes, Khan and Poonian.

Councillor M J D Skeels updated Council with regard to Councillor Hughes who was suffering with ill health.

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.

Councillor Howard declared a Non-Pecuniary Interest in respect of item A.1 of the Report of the Corporate Director (Corporate Services) insofar as he was currently an employee of the University of Essex.

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

With the permission of the Chairman, Councillor Broderick addressed Council and made an apology to Councillor Heaney for the nature and tone of a question that she had asked her at the previous meeting of the Council. Councillor Heaney was happy to accept that apology.

Members applauded both Councillor Broderick and Councillor Heaney.

The Chairman informed Members that her Charity Quiz Night would be held on Friday 20 January 2017 and that her Civic Service would be held on Sunday 29 January 2017 at the Trinity Church in Clacton-on-Sea.

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

The Chief Executive made the following announcement:

“Madam Chairman, I would like to inform Council that, pursuant to Regulation 10(d) of the Local Government (Committees and Political Groups) Regulations 1990, I have received today a notice, in writing, signed by a majority of the members of the UKIP Group stating that they no longer wish Councillor Jack Ernest Parsons to be treated as a member of the UKIP Group.

Subsequently and pursuant to Regulation 9(b) of the aforementioned Regulations, Councillor Parsons has served notice to me that he wishes to be treated as a member of the Labour Group. That notice is counter-signed by the Leader of the Labour Group, Councillor Ivan Henderson.

Pursuant to Regulation 17(c) of the aforesaid Regulations, a review of the allocation of seats to political groups will now be carried out and Group Leaders will be informed of the outcome of that review in due course and a report will be submitted to the meeting of the Council due to be held on 24 January 2017.”

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.

(1)       Clacton Air Show Award

The Portfolio Holder for Tourism and Culture (Councillor Ferguson) was delighted to announce that the Clacton Air Show had been awarded Event Of The Year by the National Outdoor Events Association defeating the challenge of the Scottish Chamber Orchestra, the Lincoln Christmas Market and the Lee Fest. The Judges had especially praised the Council for the way it had handled the new Civil Aviation Authority’s new rules and regulations introduced following the Shoreham Air Disaster.

Councillor Ferguson, once more, praised and congratulated the Air Show Team for putting the event together.

Members showed their appreciation with a round of applause.

Councillor Ferguson then responded to a question raised by Councillor I J Henderson.

(2)       Galloper Offshore Wind Farm

The Portfolio Holder for Planning and Regeneration (Councillor Watling) was pleased to announce that R W E Innogy was looking to set up its Operations and Maintenance base at Harwich International Port. The base would fulfil HHhhthe long-term contract for the operation and management of the Galloper Offshore Wind Farm which was an extension of the existing Greater Gabbard Wind Farm off the coast of Suffolk. The construction and operation would produce significant and long-term sustainable employment for over 25 years. It would also provide supply chain opportunities for a wide range of businesses operating in and on the margins of the off-shore renewable sector. There would also be all the usual benefits for businesses in the town of Harwich. It would also help cement the reputation of Harwich as a centre for off-shore renewables engineering. Harwich formed part of the south east core and would enable the Council and its partners to strengthen and consolidate the Harwich off-shore offer providing new opportunities at the Harwich Hamilton House Energy Skills Centre and the training facility operated at the Colchester Institute. It would provide impetus for the Council to further test and evaluate its ambition to deliver the Innovation Centre in Harwich providing managed office space and business support services for new and established businesses in the supply chain for the off-shore sector. The development would result in 75 – 100 new jobs in Harwich with a further 100 jobs at the Council’s Innovation Centre should that project proceed. Together with new and unrelated activity elsewhere in the Port such as a fencing company’s new distribution centre at the Mercedes site that would secure another 40 jobs the town looked set to secure 200 – 240 jobs over the next 2 – 3 years. That level of activity was unprecedented for Harwich and was likely to have a lasting, positive and significant effect on the local economy and on the economic fortunes of the town with positive spin-offs for the rest of the District.

Councillor Watling then responded to a question raised by Councillor I J Henderson.

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

There are none on this occasion.

There were no petitions to report to 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 half an hour.

There are none on this occasion.

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.         

There were no questions on this occasion.

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.

There are none on this occasion.

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.

There were no questions on this occasion.

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 Committee:

Human Resources Committee of Tuesday 15 November 2016.

NOTE:    (1) Subject to (2) below, 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;

(2) There is a recommendation to Council contained in Minute 14 (Amendments to the Constitution – Changes to the Officer Employment Procedure Rules). Members will need to consider that recommendation and make a decision on it. The Committee’s recommendations to Council are shown in BOLD. The relevant Officers’ report to the Human Resources Committee is printed immediately after these Minutes.

It was moved by Councillor Stock and:

RESOLVED (a) that the minutes of the meeting of the Human Resources Committee held on Tuesday 15 November 2016, as circulated, be received and noted; and

(b) that the recommendations to Council, as contained in Minute No.14 of the Human Resources Committee of 15 November 2016, be approved, subject to Councillor Calver and Councillor Bray being appointed as the named committee member and the named substitute committee member from an opposition group respectively.

The Council will consider motions, notice of which has been given pursuant to Council Procedure Rule 12.

There are none on this occasion.

There were no motions submitted to Council, pursuant to Council Procedure Rule 12, on this occasion.

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

There are none on this occasion.

There were none on this occasion.

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 provide Members with a comprehensive overview of the proposals which have been developed over the past twelve months jointly with Colchester Borough Council, Braintree District Council and Essex County Council for Garden Communities in North Essex including one on the Tendring / Colchester border close to the University and, in particular to provide Members with information and recommendations to enable them to:

·           Agree in principle to be a long term funder for the project, in partnership with the other Councils, subject to the terms and requirements set out in this report.

Councillor Howard had earlier declared a Non-Pecuniary Interest in respect of this item insofar as he was currently an employee of the University of Essex.      

The Council had before it a report of the Corporate Director (Corporate Services) which provided it with a comprehensive overview of the proposals which had been developed over the past twelve months jointly with Colchester Borough Council, Braintree District Council and Essex County Council for Garden Communities in North Essex including one on the Tendring / Colchester border close to the University of Essex and, in particular, to provide Members with information and recommendations to enable them to:

• Agree, in principle, to be a long term funder for the project, in partnership with the other Councils, subject to the terms and requirements set out in that report.

Council was aware that the Cabinet, at its meeting held on 25 November 2016, had considered this matter. The report submitted to the Cabinet was before Council as an Appendix to the Report of the Corporate Director (Corporate Services). Having considered the matter the Cabinet had resolved the following, that:

1. the external legal advice received that these decisions cannot and do not prejudge the outcome of any future decisions that the Council may make about the Local Plan to be made by Council in relation to the allocation of any Garden Community be noted;
2. Cabinet notes that it is proposed that, if appropriate terms can be agreed, the Local Delivery Vehicles will enter into legal agreements with landowners to enable the delivery of the proposed schemes;

North Essex Garden Communities Limited

3. in line with Executive Decision No. 2636 made on 22 January 2016 (minute 130) Cabinet agrees to set up and subscribe to North Essex Garden Communities Ltd in accordance with the terms set out in the report and Appendix 2 thereto;
4. the North Essex Garden Communities Ltd shareholder agreement between the Local Authorities be approved, in accordance with the terms set out in the report and Appendix 3 thereto;
5. the Leader of the Council, who is currently Councillor Neil Stock, be appointed to represent Tendring District Council as a Director on the Board of North Essex Garden Communities Limited;

Tendring Colchester Borders Limited

6. in line with Executive Decision No. 2636 made on 22 January 2016 (minute 130), Cabinet endorses the formation of Tendring Colchester Borders Limited by North Essex Garden Communities Limited in accordance with the terms set out in the report and Appendix 4 thereto;
7. the Tendring Colchester Borders Limited shareholder agreement between the Local Authorities be approved, in accordance with the terms set out in the report and Appendix 5 thereto;
8. the Corporate Director (Corporate Services), Martyn Knappett, be appointed to represent Tendring District Council as a Director on the Board of Tendring Colchester Borders Limited, and also that delegated authority be given to the Chief Executive of Tendring District Council to terminate that appointment and to undertake any future appointments;
9. in principle, Cabinet agrees to provide an appropriate proportion of necessary funding to Tendring  ...  view the full minutes text for item 107.

To provide Council with a timetable for the electoral review of Tendring and to seek a delegation to authorise the Chief Executive to make, with the agreement of the Electoral Review Working Group, a provisional submission on ward boundaries to the Local Government Boundary Commission for England (LGBCE) to meet the LGBCE deadline of 9^th January 2017 subject to the final submission being formally considered and determined by full Council at the meeting on 24^th January 2017. 

The Council had before it a report of the Management and Members’ Support Manager which provided Council with a timetable for the electoral review of the District of Tendring and sought a delegation to authorise the Chief Executive to make, with the agreement of the Electoral Review Working Group, a provisional submission on ward boundaries to the Local Government Boundary Commission for England (LGBCE) to meet the LGBCE deadline of 9 January 2017, subject to the final submission being formally considered and determined by full Council at its meeting on 24January 2017. 

Further to Minute 69 (6.9.16), Members were informed that on 25October 2016 the LGBCE had written to the Council to confirm the commencement of the consultation on ward boundaries. The LGBCE had stated that it was “…….minded to recommend that 48 district councillors should be elected to Tendring District Council in future.….”. The LGBCE was now seeking proposals from the Council, interested parties and members of the public on a pattern of electoral wards to accommodate 48 councillors. The deadline for such responses was 9January 2017.

Council was made aware that the timetable of the LGCBE did not allow for the Council proposals on ward boundaries to be considered at a full Council meeting before the deadline for responses. It was therefore proposed that Council authorised the Chief Executive to make, with the agreement of the Electoral Review Working Party, a provisional submission on ward boundaries to the LGBCE to meet the LGBCE deadline of 9 January 2017 with the final submission being formally considered and determined by full Council at its meeting on 24 January 2017. In considering that proposed delegation the following factors were pertinent:-

Having considered the proposed delegation it was moved by Councillor Honeywood and seconded by Councillor Stock that:

“the Chief Executive be authorised to make, with the agreement of the Electoral Review Working Party, a provisional submission on ward boundaries to the Local Government Boundary Commission for England (LGBCE) to meet the LGBCE deadline of 9 January 2017, subject to the final submission being formally considered and  ...  view the full minutes text for item 108.

Council is requested to agree a response to the Boundary Commission for England’s consultation on proposed new Parliamentary Constituency Boundaries.

The Council had before it a report of the Management and Members’ Support Manager which sought its agreement to submit a response to the Boundary Commission for England’s (BCE) consultation on the prosed new Parliamentary Constituency Boundaries.

It was reported that, in February 2016, the BCE had announced the start of a review of the Parliamentary Constituencies in England. Following a decision by Parliament to reduce the number of constituencies in the UK to 600 from 650, and to ensure that the number of electors in each constituency was more equal, the BCE had been asked to make independent recommendations about where the boundaries of English constituencies should be. In doing so, the BCE had to ensure that every new constituency had roughly the same number of electors: no fewer than 71,031 and no more than 78,507. Whilst proposing a set of boundaries which were fairer and more equal, the Commission would also try to reflect geographic factors and local ties. The Commission would also look at the boundaries of existing constituencies and local government patterns in redrawing the map of parliamentary constituency boundaries across England.

Members were informed that the BCE was required to submit its report to Parliament in 2018 and, if agreed by Parliament, the new constituencies would be in use at the next scheduled General Election in 2020.

Council was made aware that, on 13 September 2016, the BCE had published its initial proposals for new Parliamentary Constituencies. The publication marked the start of 12 weeks of consultation (closing date of 5 December 2016), during which the Commission was seeking responses to help shape the proposed new constituency boundaries. Under those proposals, only 68 of the existing 533 English constituencies remained unchanged. There would be a further two rounds of consultation in 2017. Following the conclusion of all three consultation periods, the BCE would look at all the evidence received and make final recommendations to Parliament in September 2018.

Members were advised that the local government boundaries that the BCE would have regard to, were those that existed on 7 May 2015. It would not generally take into account any changes to boundaries coming into effect after that date. However, in the limited circumstances where the BCE had to consider whether it should divide a ward in order to meet the statutory electorate range, the BCE would be prepared to take into account, as appropriate, any new ward boundaries introduced after 7 May 2015. So far as the District of Tendring was concerned the BCE proposed a Harwich and Clacton County Constituency (electorate 77,007) wholly within the Tendring District and a North East Essex County Constituency (electorate 77,674) comprising ten wards within the Tendring District and thirteen wards of the Borough of Colchester.

The two constituencies proposed would comprise the following wards:-

Harwich and Clacton County Constituency – Twenty five wards of the District of Tendring:-  Alton Park, Beaumont and Thorpe, Bockings Elm, Burrsville, Frinton, Great and Little Oakley, Hamford, Harwich East  ...  view the full minutes text for item 109.

To provide Council with an update on the safety review of the A133 undertaken by Essex County Council following a number of fatalities on that road.

The Council had before it a report of the Management and Members’ Support Manager which provided it with an update on the safety review of the A133 undertaken by Essex County Council following a number of fatalities on that road.

Council recalled that at its meeting held on 5 April 2016 a motion had been debated in relation to the  A133 Weeley and Little Clacton by-pass, and it had been agreed:-

“That this Council –

Is appalled that another serious accident has occurred on the A133 on the Weeley and Little Clacton by-pass last week leading to another fatality.  In the last ten months there have been a total of 5 fatalities;

Demands that the Highways Authority take urgent action to investigate the causes of these accidents and implement all, and any, safety measures as soon as practicable; and

Calls on the County Council and local Members of Parliament to support this motion and to do everything possible to ensure that the A133 Weeley and Little Clacton by-pass is made safe for all road users.” 

Though, in actual fact there had been a total of six fatalities in the last ten months.

Subsequently letters from the Leader of the Council had been sent to Essex County Council, Bernard Jenkin MP and Douglas Carswell MP asking that this be looked into as a matter of urgency.

It was reported that Essex County Council had now completed its review and the key findings, observations and conclusions of the summary of its final report were before Members.

Having considered the summary report it was moved by Councillor Stock, seconded by Councillor G V Guglielmi and:

RESOLVED that:

(a)       the summary report from Essex County Council (ECC) and the recommendations made within it be noted; and

(b)       ECC be requested to introduce Average Speed Cameras on the By-Pass in order to enforce the reduction of the speed limit to 50mph and also to introduce a “No Overtaking” measure along the whole of the By-Pass such as the introduction of double white lines.

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 consider 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 the relevant paragraph(s) 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 Item 21 on the grounds that it involves 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 Human Resources Committee held on Tuesday 15 November 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 Human Resources Committee held on 15 November 2016, as circulated, be received and noted.