Agenda and minutes

During prayers a minute’s silence was observed in memory of Anthony Pugh, Peter Brand and Ivor Markham-Lee who were all former district councillors and had recently passed away.

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

Apologies for absence were submitted on behalf of Councillors Bush, Heaney, Newton, Nicholls, Pemberton, Porter, Watling MP and Whitmore.

Councillor Stock OBE informed Council that Councillor Cossens was on his way to the meeting but unfortunately had been delayed and Councillor Coley would not be able to attend.

The Council is asked to approve, as a correct record, the minutes of the Council Meeting held on Thursday 15June 2017.

RESOLVED, that the minutes of the ordinary meeting of the Council, held on Thursday 15 June 2017 be approved as a correct record 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.

Some Members had declared an interest in regards to item A.2 on the agenda by virtue of the fact that they were Town or Parish Councillors.

The Council’s Monitoring Officer informed Members that it was not necessary to declare an interest for that reason in this instance.

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

The Chairman informed Members that there was an open invitation to a Macmillan Cake Morning being held at the end of September and that the event had been organised to help raise awareness and funds for those living with Cancer in the East of England.

The Chairman gave his thanks to the Pride of Tendring Awards 2017 Panel and confirmed that the Pride of Tendring Awards 2018 nomination forms would be available online as of Wednesday 6 September 2017 and that he would be creating a new panel to enable other members to serve on it.

The Chairman also shared the outcomes of recent events:-

(i)               Pier to Pier Dog Walk in aid of Guide dogs for the Blind UK had taken place in May and had raised eight hundred and thirty five pounds;

(ii)              Britannia Ball in aid of the local RNLI Stations had taken place in June and had raised three thousand five hundred pounds;

(iii)            Charity Wing Walk in aid of Prostate Cancer UK had taken place in July and had raised one thousand two hundred pounds;

(iv)            Tornado Steam Train Event in aid of St Helena Hospice had taken place in August and had raised fifteen thousand pounds.

The Chairman gave his thanks to all of those who were involved and had made the events a great success.

The Chairman also informed Members that he would be doing a parachute jump in aid of Essex Air Ambulance on Tuesday 12 September and that so far ten pounds had been raised.

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 no statements by the Leader of the Council 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.

The Portfolio Holder for Leisure and Tourism (Councillor M J D Skeels) expressed his thanks to all who had helped out at the recent Clacton Air Show which had been a fantastic event for Tendring.

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

A petition has been submitted by Mr Brian Green in respect of Millennium Square, Walton-on-the –Naze 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 receipt of a petition submitted by Mr Brian Green (the lead petitioner).

It was reported that the petition which had been signed by 76 local residents, objected to the Council’s recent decision to alter the configuration of the Millennium Square, Walton-on-the-Naze at a cost of £90,000 and had wished for the Council to reverse its decision.

Members were informed that in accordance with the Council’s approved scheme for dealing with petitions, this matter would be investigated and a report would be prepared and presented to the Cabinet on the basis that it had contained between 30 and 249 signatures.

Members were aware that the next practicable ordinary meeting of the Cabinet was scheduled to take place on Friday 6 October 2017.

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

It was moved by Councillor Stock OBE, seconded by Councillor G V Guglielmi and AGREED 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.

Three questions have been received, on notice, from members of the public and are attached to the agenda.

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.

There were three questions on this occasion as set out below:

Question One

From Mr Dan Casey to Councillor Neil Stock OBE, Leader of the Council:

“Having been asked by the Leader of the Council to present an 1100 signature petition to him and which I presented to him myself at a Cabinet meeting regarding the closure of the Garden Road, Jaywick Sands public toilets, among others.  I was both surprised and annoyed to be told that the petition would not be debated by the councillors because it was not clear who had submitted it, and as stated in the letter I received, the petition did not go through by the correct procedure as it did not say who had presented it and what the petition was for.

Will the Leader of the Council please explain why his administration is undermining its own excellent work in regenerating Jaywick Sands by ignoring the needs of the local community by denying access to public toilets by residents and visitors who wish to make use of the local beaches?

Will he further explain why his administration considered it appropriate to use a technicality within the Council’s Procedure Rules to avoid discussing the stated wishes of the local community rather than deal with the situation by ensuring that Jaywick Sands beach is served by easily accessible and much needed public toilets?”

Councillor Stock OBE replied as follows:

“Let me start by clarifying for you that your petition was not refused because of any decision that I, or my administration, took. As you correctly state I offered to receive your petition at a public meeting of Cabinet even though there was no requirement for me to do so nor was there any such item on the agenda of that meeting. In other words, I did not have to accept it at all but I volunteered to do so and I made sure it was passed on to Officers immediately the meeting ended.

As I understand it you simply failed to follow the rules for submitting a petition and I am sure that with your great experience both as a former member of this council, as well as other roles that you have held, you must realise and accept that rules and procedures are vital to the good governance of any organisation.

Notwithstanding those points I do recognise that you have strong views about the closure of the Garden Road toilets. You will be aware that the Council has undertaken a review of its public convenience provision and our strategy is to replace old, difficult to maintain and underused public toilets with modern, efficient units wherever possible.

As part of the review and the strategy the Garden Road toilets were agreed to be closed because they are used for extensive anti-social behaviour, they are old structures, they have low use  ...  view the full minutes text for item 60.

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.

Three questions have been received, on notice, from Members and they are attached to the agenda.

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 three questions on this occasion as set out below:

Question One

From Councillor Richard Everett to Councillor Zoe Fairley, Investment and Growth Portfolio Holder:

“Is the portfolio holder aware that businesses in Great Clacton are losing customers and trade as a result of the unreasonable actions of private companies operating car parks in the area. The effect on residents, and customers from further afield, is that they are being ticketed for trumped up parking charges. Planning permission is required for ANPR cameras and associated signage on the site and should be in place before any tickets are issued.

Local businesses are suffering with trade decreasing as a result of less people choosing to shop in Great Clacton, blaming the parking charges and approach of the operating companies. What should be even more concerning to this Council is that many people are questioning what is being done by the Council to regulate the companies and their actions.

What does the portfolio holder propose is done by this Council to help protect the businesses locally from the actions of predatory parking companies putting people off from doing business in Great Clacton?”

Councillor Fairley replied as follows:

“Firstly, I would like to thank Councillor Everett for his question.

The council are aware of the issue raised and I would like to assure all Members that the economic sustainability of local businesses together with the rights of our residents and visitors are of the very highest priority when considering not just a correct course of action to address an issue but also additional actions we can take to support this or any other case causing negative impact within our District.  

Our approach is underpinned by our values and it is right and proper that the Council demonstrates strong and proactive community leadership within our response and I am pleased Officers have provided advice and appropriate practical assistance to Councillors giving help and support to their constituents in this case.

Cllr Everett acknowledges in his question that this is an operation which is on private land, operated by the land owner in conjunction with a private parking operator.  As such, the Council has no direct role in the matter and is unable to regulate directly against the related actions of the operator.  

As Cllr Everett is aware, the ANPR camera operating system supporting this parking operation is development for which planning permission is required and this is not in place.  The planning department have contacted the owner to advise a retrospective planning application should be made.  However, we cannot be sure this will be followed by the owner.  

It is noted the cameras are modest in scale and whether through retrospective planning application or enforcement process, based on material planning considerations, it would be likely they would not be  ...  view the full minutes text for item 61.

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.

There was no such report on this occasion.

The Council will receive the minutes of the following Committees:

(a)  Service Development and Delivery of Wednesday 31 May 2017;

(b)  Local Plan of Monday 12 June 2017;

(c)  Audit of Thursday 22 June 2017;

(d)  Corporate Management of Monday 26 June 2017;

(e)  Standards of Wednesday 28 June 2017

(f)   Community Leadership and Partnerships of Monday 10 July 2017;

(g)  Corporate Management of Monday 24 July 2017;

(h)  Community Leadership and Partnership of Monday 31 July 2017; and

(i)    Corporate Management of Monday 14 August 2017.

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

(a)   Service Development and Delivery of Wednesday 31 May 2017;

(b)   Local Plan of Monday 12 June 2017;

(c)   Audit of Thursday 22 June 2017;

(d)   Corporate Management of Monday 26 June 2017;

(e)   Standards of Wednesday 28 June 2017

(f)     Community Leadership and Partnerships of Monday 10 July 2017;

(g)   Corporate Management of Monday 24 July 2017;

(h)   Community Leadership and Partnership of Monday 31 July 2017; and

(i)     Corporate Management of Monday 14 August 2017.

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, notice of which had been given 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 no recommendations from the Cabinet on this occasion.

To report to Council the final recommendations from the Local Government Boundary Commission for England (LGBCE) of a review of district wards, to update on Community Governance Reviews for Town and Parish Councils and to seek approval to undertake further work to put in place arrangements for a reduced council size in 2019.

Councillor Stock OBE informed Members of the reason why he had asked the Chairman to change the order of business.

Further to Minute 31 (09.05.17) Council had before it a report of the Head of Leadership Support and Community (A.5) which had provided details of the final recommendations from the Local Government Boundary Commission for England (LGBCE) of a review of district wards, an update on Community Governance Reviews for Town and Parish Councils and to seek approval to undertake further work to put in place arrangements for a reduced council size in 2019.

With the consent of the meeting, Councillor Stock OBE moved altered recommendations to those printed, seconded by Councillor G V Guglielmi.

Councillor Winfield then moved an amendment to Councillor Stock’s recommendations, which was seconded by Councillor Broderick and Councillor Stock OBE and Councillor G V Guglielmi agreed to accept.

The Chief Executive confirmed to Council that the motion now before them, to be the subject of debate was:

a)     the final recommendations on new electoral arrangements for Tendring District Council be noted;

b)     a Community Governance Review be undertaken in relation to the land in the St Osyth District Council area but not in the St Osyth Parish area;

c)     in principle, a wider Community Governance Review of parished and unparished areas in the Tendring District be supported subject to specific terms of reference, having regard to the initial views which are currently being sought, coming to a future meeting of Council for agreement;

d)     officers are authorised to commence a review of meeting arrangements, Cabinet and committee size, frequency and make-up in preparation for the reduction to 48 Councillors in 2019; and

e)     that, at an appropriate time following the 2019 District Elections, this Council writes to the Local Government Boundary Commission for England and asks for a further Electoral Review of the Tendring District with a specific request that they look again at the decision to recommend a two member ward of St Bartholomews rather than two single member wards of St Bartholomews and Haven as requested by the Council.

Councillors Scott, Calver, Parsons, Broderick and Bucke each addressed the Council on the subject matter of this item.

NOTE:  Whilst Councillor Bucke addressed the Council there was an incident in the public seating area. The Chairman announced that there would be a 15 minute break and so he adjourned the meeting.

Following on from the adjournment, when the meeting was reconvened, it was moved by Councillor Stock OBE, seconded by Councillor Bray and RESOLVED that:-

due to the circumstances, all of the remaining items on the agenda would be MOVED ON BLOCK with the exception of agenda item 16, which would be deferred until the next scheduled meeting of the Council.

It was RESOLVED that:-

f)       the final recommendations on new electoral arrangements for Tendring District Council be noted;

g)     a Community Governance Review be undertaken in relation to the land in the St Osyth District Council area but not in the St Osyth  ...  view the full minutes text for item 66.

To enable Council to decide whether to support Councillor Jack Parsons’ motion to Council in respect of a Community Governance Review relating to a proposed parish / town council for Clacton-on-Sea.

Members had received a reference from the Community Leadership and Partnerships Committee (A.2) which had reported that, at the meeting of the Council held on 9 May 2017, the following motion was moved by Councillor Parsons and seconded by Councillor Bucke and, in accordance with Council Procedure Rule 12.4, stood referred to the Community Leadership and Partnerships Committee for consideration and report:

"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."

Council had before it a reference report (A.2) from the Community Leadership and Partnerships Committee.

It was reported that at its meeting held on 10 July 2017 the Community Leadership and Partnerships Committee considered Councillor Parsons’ motion. Councillor Parsons had attended that meeting and explained the motion to the Committee. Members were then given the opportunity to ask questions. The Council’s Head of Governance and Legal Services (Lisa Hastings) clarified what the Committee were being asked to make a decision on and the procedure that would be followed should they recommend to Council that the motion be supported or not.

Following discussion, the Community Leadership and Partnerships Committee had resolvedthat it recommended that Council supports the motion as written except that the legislation referred to therein be amended to the Local Government and Public Involvement in Health Act 2007 (as amended.)

Having considered the report, it was RESOLVED that this item be deferred until the next meeting of the Council.

To inform Council of appointments to Committees that have been made since the last meeting of the Council.

Members had received a report of the Chief Executive (A.3) which had informed them that, in accordance with the wishes of the Leader of the Conservative Group and the authority delegated to him, Councillor Chittock had been appointed to serve in place of Councillor Fairley on the Community Leadership and Partnerships Committee, since the last meeting of the Council.

To inform Council of a change in the membership of the Conservative political group on Tendring District Council and also to enable Council to consider the outcome of a review of the membership of Committees conducted 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.

Members had received a report of the Chief Executive (A.4) which had formally reported that, pursuant to Regulation 10(b) of the Local Government (Committees and Political Groups) Regulations 1990, Councillors Roy Raby and Kevin Watson on 25 July 2017, had each served formal notice on the Council that they no longer wished to be treated as a member of the UKIP political group.

It was further formally reported that, also on 25 July 2017, Councillor Raby and Councillor Watson, pursuant to Regulation 9(b) of the Local Government (Committees and Political Groups) Regulations 1990, had each served formal notice on the Council that they wished to be treated as a member of the Conservative political group.

In accordance with Section 15(1)(e) of the Local Government and Housing Act 1989 and Regulation 17(c) of the Local Government (Committees and Political Groups) Regulations 1990 a review of the allocation of seats to political groups had been carried out.

The outcome of that review, as agreed by Group Leaders, was tabled at the meeting.

It was RESOLVED that the Schedule of Appointments to Committees (which had been agreed by Group Leaders), and tabled at the meeting as an Appendix to item A.4 of the Report of the Chief Executive, be approved with immediate effect.

To request Full Council to amend the terms of reference of the Local Plan Committee to provide the Committee with authority to agree both the Issues and Options and Preferred Options Draft Development Plan Documents for public consultation.

Members had received a report of the Director of Planning and Regeneration (A.6) which had sought Council’s agreement to amend the terms of reference of the Local Plan Committee to provide the Committee with authority to agree both the Issues and Options and Preferred Options Draft Development Plan Documents for public consultation.

It was RESOLVED that:-

Council agrees to amend the terms of reference of the Local Plan Committee to approve Preferred Options Draft Development Plan Documents and associated documentation for public consultation.

To report in accordance with the Constitution (Article 12.03(a)) that the Ombudsman has recently considered three cases where some fault has been found with the Council.

This item is FOR INFORMATION only.

Members had received a report of the Monitoring Officer (A.7) which had been submitted for information only.

It was reported 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.

The report had been submitted as the Ombudsman had recently considered three cases where some fault had been found with the Council. A summary of those cases had been included within the report.

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.

Council noted that Ian Ford (Committee Services Manager) should be added to those who were thanked at the previous meeting for their work on the Electoral Review. In addition, Members joined in sending Ian best wishes for a speedy recovery following his recent accident.