Agenda and minutes

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

Apologies for absence were submitted on behalf of Councillors Bray, King, Pemberton and Turner.

The Council is asked to approve, as a correct record, the minutes of the following:

(a)       Council Meeting held on 28 March 2017; and

(b)       Annual Meeting of the Council held on 25 April 2017.

RESOLVED, that the minutes of the ordinary meeting of the Council, held on Tuesday 28 March 2017 and the minutes of the annual meeting of the Council held on Tuesday 25 April 2017 be approved as correct records and signed by the Chairman.

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.

            There were none made at this time.

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 26 April 2017 to 9 May 2017 were tabled at the meeting.

The Chairman also tabled details of the following events to raise money for his various charities:-

(i)            Britannia Ball on Friday 30 June 2017 in aid of the local RNLI Stations;

(ii)           Pier to Pier Dog Walk on Saturday 20 May 2017 in aid of Guide Dogs for the Blind UK;

(iii)          Charity Wing Walk in July 2017 in aid of Prostate Cancer UK; and

(iv)         Tornado 150 Steam Train Event on Saturday 12 August 2017.

The Chairman also encouraged Members to participate in the 20 mile Tour de Tendring cycle event on Sunday 14 May 2017.

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

The Chief Executive formally reported that, in accordance with the wishes of the Leader of the Conservative Group and the authority delegated to him, the following appointments have been made since the annual meeting of the Council:

Corporate Management Committee

Councillor Mick Skeels Juniorhad been appointed to serve in place of Councillor Nicholls.

Service Development and Delivery Committee

Councillor Amos had been appointed to serve in place of Councillor Mick Skeels Junior.

Council noted the foregoing.

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 made the following statement –

Five Year Supply of Housing Land

“Officers have updated the Council’s housing supply calculations to take into account actual housing completions over the last 12 months. I understand that Tendring has provided more than 650 new homes and that planning permissions have been granted for many more. Officers tell me that with the latest information, the Council can now demonstrate more than the five years supply of land required by Government planning policy. This should put the Council in a stronger position to control where new development goes. Officers have written to the Planning Inspectorate with the latest figures as they are relevant to current planning appeals and the Planning Team and the Planning Committee will now consider new planning applications in the context of this updated information.

The updated figures that justify the Council’s contention that a five year supply can now be demonstrated are necessarily detailed and complex. The headline figures are summarised as follows: the requirement for 2017 – 2022 is 2,750 homes which is 550 per year. The shortfall from 2013 – 2017 is 836 plus the 20% buffer that the National Planning Policy Framework requires us to have is 717 meaning that we have a total requirement for the next five years of 4,303 which is 860.6 dwellings per annum. We have got a supply of 4,381 which is 78 more than requirement hence we have 102% of the figure and in years supply we have 5.1 years worth.

A detailed report will be produced for the Local Plan Committee’s consideration when it next meets on 12 June 2017, after the General Election.”

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 no statements by members of the Cabinet on this occasion.

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 none 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.

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 or Sub-Committees.

One question had been submitted as set out below:

Question

From Councillor Andrew Pemberton to Councillor Nick Turner, Portfolio Holder for Commercialisation, Seafronts and Parking:

“Does we know if anything is happening with the old Victorian streetlamps, which used to be along our sea front on Clacton East and West greensward? In 2014 the last few lights were taken down for safety and just the posts remain.

Are there any plans for these to be restored?”

The Chairman informed Members that, pursuant to Council Procedure Rule 11.9, Councillor Pemberton had withdrawn his question prior to the commencement of the meeting.

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 such report on this occasion.

There was no such report on this occasion.

The Council will receive the minutes of the following Committees:

(a)  Community Leadership and Partnerships Committee of Monday 20 March 2017;

(b)  Standards Committee of Monday 27 March 2017;

(c)  Service Development and Delivery Committee of Monday 3 April 2017; and

(d)  Local Plan Committee of Thursday 20 April 2017.

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;

(2)  There is a Recommendation to Council contained in Minute 21 of the Standards Committee Minutes of 27 March 2017 which Council will need to consider; and

(3) There is a Recommendation to Council contained in Minute 33 of the Local Plan Committee Minutes of 20 April 2017 which Council will need to consider.

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

(a)  Community Leadership and Partnerships Committee of Monday 20 March 2017;

(b)  Standards Committee of Monday 27 March 2017;

(c)  Service Development and Delivery Committee of Monday 3 April 2017; and

(d)  Local Plan Committee of Thursday 20 April 2017.

It was then moved by Councillor Heaney and RESOLVED that the recommendation to Council, as contained in Minute 21 of the Standards Committee of 27 March 2016, be approved.

It was then moved by Councillor Stock and RESOLVED that consideration of the recommendation to Council, as contained in Minute 33 of the Local Plan Committee of 20 April 2016, be deferred until the meeting of the Council due to be held on 15 June 2017.

Community Leadership and Partnerships Committee – 20 March 2017 – Minute 41 – North East Essex Clinical Commissioning Group Sustainability Transformation Plan

Councillor I J Henderson raised a question to the Chairman of the Community Leadership and Partnerships Committee (Councillor Fairley) on this matter which, upon received advice from the Council’s Monitoring Officer (Lisa Hastings), he then withdrew.

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

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

"This Council, in accordance with Local Government and Public Health Act 2007 (as amended) and the statutory guidance issued by DCLG in 2010, conducts a Community Governance Review following the conclusion of the LGBCE Ward Boundaries review, with the view to creating a Clacton Town Council to come into effect in 2023. During this review the Council will consult with members of the public and other stakeholders as to the creation of a Clacton Town Council which will be intended to serve the areas of Clacton-on-Sea that are not currently being represented by a Town or a Parish Council.

This will be inclusive of the following current wards:

Golf Green

Rush Green

Bockings Elm

Peter Bruff

Alton Park

St James

Pier

St Mary's

St John's

Burrsville

St Paul's

St Bartholomews

Haven

In addition, this Council will authorise Officers to, with regard to the aforementioned guidance and acts, draft potential boundaries within the specification above, potentially through a working party, for Full Council approval prior to public consultation."

Councillor Parsons formally moved his motion and Councillor Bucke formally seconded the motion.

The Chairman informed Council that, pursuant to Council Procedure Rule 12.4, he would refer the motion to the Community Leadership and Partnerships Committee.

The motion therefore stood referred without speeches, or discussion, to the Community Leadership and Partnerships Committee for consideration and report.

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

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

“This Council calls upon Essex County Council to introduce new and improved safety measures at Brickmans Bridge on the B1352 between Mistley and Bradfield as soon as practicable and as a matter of great urgency.

This Council further calls upon Essex County Council to include as part of those road safety improvements measures such as:

* highly visible warnings to drivers that they are approaching a dangerous bend,
* proper crash barriers along the entire length of the bend,
* the removal of piped barrier, and
* rumble strips to slow traffic down,

unless Essex County Council can demonstrate that such measures would not be appropriate or an enhancement to road safety.

In addition, an investigation to be carried out with a view to having the speed reduced from 60 to 30 mph at this location.”

Pursuant to Council Procedure Rule 16.6(a) Councillor Fairley sought the consent of the meeting to alter her motion so that it would now read as follows:

1. “This Council calls upon Essex Police Serious Collision Unit to prioritise and disclose the causation report into all the serious injury and fatal collisions at Brickman’s Bridge, on the B1352 between Mistley and Bradfield.
2. Furthermore this Council calls upon Essex County Council to provide all necessary structural amendments to the bridge, together with supportive traffic calming measures, advance warning signs and speed limit reductions, which will take full cognisance of the Essex Police report and provide improved safety conditions for motorists, passengers and all other road users.
3. This Council implores Essex County Council to introduce these changes and improved safety measures without delay and at the earliest possible opportunity.
4. This Council nominates its own representative to work with Essex County Council in order to bring about these improvements to the highest standards.”

The consent of the meeting was duly given.

Councillor Fairley then formally moved her altered motion and Councillor Coley formally seconded the motion.

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

Councillor Fairley then explained her motion.

Councillor Porter moved and Councillor Broderick seconded that paragraph B of Councillor Fairley’s motion be amended to read as follows:-

“B.       Furthermore this Council calls upon Essex County Council to provide all necessary structural amendments to the bridge, together with supportive traffic calming measures, including re-profiling the corner from a decreasing radius corner to a constant radius corner, advance warning signs and speed limit reductions, which will take full cognisance of the Essex Police report and provide improved safety conditions for motorists, passengers and all other road users.”

Councillor Porter’s amendment, on being put to the vote, was declared LOST.

Councillor Fairley’s motion, on being put to the vote, was declared CARRIED.

Council’s approval is sought in respect of the Asset Management Plan (AMP) 2016/2017 to 2021/2022 and consequential amendments to the Council’s Constitution.

Cabinet considered the AMP at its meeting held on 21 April 2017 and its recommendation to Council is contained in Minute 179.The Report of the Resources and Corporate Services Portfolio Holder which Cabinet considered is attached, together with the Draft AMP and the Schedule of proposed amendments to the Council’s Constitution.

The Council had before it the recommendations submitted to it by the Cabinet in respect of the proposed Asset Management Plan 2016/2017 to 2021/2022 and consequential amendments to the Council’s Constitution [Minute 179 of the Cabinet meeting held on 21 April 2017 referred].

It was moved by Councillor G V Guglielmi that the Asset Management Plan and the proposed amendments to the Council’s Constitution be approved.

Councillor I J Henderson asked that, in accordance with the provisions of Council Procedure Rule 19.4, a record of the vote on Councillor Guglielmi’s motion be taken.

Accordingly, the result of that vote was as follows:

Councillor Guglielmi’s motion was thereupon declared CARRIED.

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 ask Council to agree its formal response to the Local Government Boundary Commission for England’s (LGBCE) draft recommendations on new electoral arrangements for Tendring.

Further to Minute 131 (24.1.17) Council had before it a report of the Management and Members’ Support Manager which sought Council’s agreement for its formal response to the Local Government Boundary Commission for England’s (LGBCE) draft recommendations on new electoral arrangements for Tendring.

Councillors Scott, Broderick, Nicholls, Parsons, Talbot, Miles, Bucke, G V Guglielmi, Stock and Honeywood each addressed the Council on the subject matter of this item.

Having considered the proposed response it was moved by Councillor Honeywood, seconded by Councillor Stock and:

RESOLVED that Council approves the formal response to the LGBCE’s proposed district council electoral wards for Tendring, as attached at Appendix B to the Report of the Management and Members’ Support Manager.

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.