Agenda and minutes

Venue: Meeting was held in accordance with Statutory Instrument 2020/392.

Contact: Ian Ford Email:  democraticservices@tendringdc.gov.uk or Telephone  01255 686584

Items
No. Item

86.

Apologies for Absence

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

 

Minutes:

Apologies for absence were submitted on behalf of Councillors Cawthron, Clifton and Winfield.

87.

Minutes of the Last Meeting of the Council pdf icon PDF 157 KB

The Council is asked to approve, as a correct record, the minutes of the meeting of the Council held on Tuesday 16 February 2021.

Minutes:

It was moved by Councillor Talbot, seconded by Councillor Milesand:-

 

RESOLVED that the Minutes of the Budget and Council Tax setting meeting of the Council held on 16 February 2021 be approved as a correct record.

88.

Declarations of Interest

Councillors are invited to declare any Disclosable Pecuniary Interests or Personal Interest, and the nature of it, in relation to any item on the agenda.

 

Minutes:

There were none on this occasion.

89.

Announcements by the Chairman of the Council

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

Minutes:

The Chairman informed Council that he had recently attended two workshops run by TCVS for the induction of new volunteers and that he had been pleased to represent the Council in supporting the work of this vitally important organisation.

90.

Announcements by the Chief Executive

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

 

Minutes:

There were none on this occasion.

91.

Statements by the Leader of the Council

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.

 

Minutes:

There were none on this occasion.

92.

Statements by Members of the Cabinet

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.

 

Minutes:

Action on Climate Change Update

 

The Environment & Public Space Portfolio Holder (Councillor Talbot) made the following statement:-

 

“Colleagues,

 

At the February Council meeting I said that I intended, with the Cabinet’s support, to have a meeting with the two arms of planning in the District, since in the longer-term view, changes will have to be driven by policy consideration in those two Departments.

 

On the 9th of March, with the full cooperation of the two Chairmen, Councillors Nick Turner and John White with officers present, we held a ‘Teams’ meeting to discuss all aspects of how our planning system could influence our future ambitions as a District, with regard to both our ‘net zero carbon’ target for the Councils own emissions by 2030, and the wider approach within Tendring to encourage Developers to install Climate Change features in their development applications. The items below are a precis of decisions made: -

 

  1. In answer to a question about procedure at Planning meetings, it was agreed between Planning Committee Chairman John White and Graham Nourse, that there should be no problem with ensuring that all Officer reports to the Planning Committee, should contain a reference to ‘Climate Change’, stating in their report, whether the matter had been discussed with the applicant as part of their recommendation to committee.

 

  1. Planning Policy & Local Plan Chairman Turner and Graham Nourse said that once approved, our Local Plan, currently before the inspector, will enable us to make full use of the ‘Sustainable Development’ clause to seek appropriate and timely measures from developers.  Councillor Turner further said that whilst this plan had no detailed reference to Climate Change, the Local Plan is reviewed in five years so in the longer term we have every opportunity to make necessary changes.

 

  1. Graham Nourse with Councillor Turner’s agreement suggested that once the plan was approved, they would get together and produce some ‘Supplementary Planning Guidance’ covering what we want from developers to meet with the Climate Change agenda.

 

One other report: Wednesday week is the next meeting of TDALC, where Tim R. Clarke (Assistant Director - Housing and Environmental Health) is the guest speaker and since the last TDALC meeting my letter, sent with full Cabinet support, has been delivered to all Town and Parish Councils in Tendring, inviting them to consider what they can do in their patch, and suggesting they put Climate Change on every main agenda produced for their Council Meetings in future.”

 

Update – East of England Ambulance Service

 

The Partnerships Portfolio Holder (Councillor McWilliams) made the following statement:-

 

“Regarding the motion raised by Cllr Morrison at the Tendring District Council Full Council meeting held on the 15th September 2020 which related to the response times and capacity of the East of England Ambulance Service. Our Chief Executive, Mr Ian Davidson wrote to the East of England Ambulance Service and raised the concerns that had been related at the Full Council meeting.

 

After some time, a response was received, which identified that some  ...  view the full minutes text for item 92.

93.

Annual State of the Tendring District Statement by the Leader of the Council

The Council will receive the annual State of the Tendring District Statement from the Leader of the Council.

Minutes:

The Council received the Annual State of the Tendring District Statement from the Leader of the Council as follows:-

 

“Whilst my annual address is always an opportunity to reflect on the last twelve months, never before have I had occasion to look back at a year in which we collectively witnessed such a monumental impact on our personal and professional lives.

 

I would like to open this statement by expressing my sincere condolences to anyone who has lost a family member, friend or colleague to Coronavirus over the course of this pandemic so far. My thoughts also go out to all those negatively impacted by the events of the past year, whether that be through missed or delayed medical treatments or diagnoses, the impact on mental health and relationships, including domestic abuse as well as the immense financial impact this situation has had on many people. And I also wish to pay tribute to the incredible efforts of our dedicated key workers, our partners and our voluntary community sector during this unprecedented and difficult time.

 

It was a year ago today, on 16 March 2020, that the Prime Minister delivered a broadcast on the new Coronavirus asking us to cease non-essential contact with others and to stop all unnecessary travel.  We can all recall that a week later, we found ourselves placed into a national lockdown. At the time, it was not possible to comprehend just how significantly COVID-19 would affect us and the journey that lay ahead of us.

 

It is now six months on from my last statement and as predicted, the pandemic continues to present challenges to us as individuals, as a community and as a Council.  I am immensely proud of how we, as a local authority and community leader, have continued to demonstrate our ability to review and adapt our services and plans in accordance with the, often rapid, changes in circumstances.

 

As Councillors, we have embraced new ways of working, with each other, with our residents and with partners.  We have grown accustomed to conducting our meetings remotely with great success, and we have all had to learn how to do that extremely fast! I am keenly following the work that is currently underway to restore what will be our new Council Chamber as part of the Transformation Project.  I am sure I speak for us all when I say it will be an especially significant moment when we are in a position to meet again physically in this new, improved space.

 

Our workforce has shown unfaltering resilience, flexibility and a determination to deliver in the face of adversity, with teams being required to react swiftly to the closure, re-opening and further closure of discretionary services and also to step up to take on entirely new responsibilities, providing essential services that have supported the safety, health and wellbeing of our residents.

 

As part of our ongoing COVID-19 response Council staff have risen to the call for mutual support from the NHS, many staff have  ...  view the full minutes text for item 93.

94.

Petitions to Council

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

Minutes:

No Petitions had been submitted in accordance with the Scheme approved by the Council on this occasion.

95.

Questions Pursuant to Council Procedure Rule 10.1 pdf icon PDF 146 KB

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.

 

There is one question from a member of the public on this occasion.

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.

 

The following question had been received, on notice, from a member of the public:

 

Question

 

Mr Andy Baker asked Councillor Neil Stock OBE, the Leader of the Council:-

 

“I am sure you will agree that the incidences of fly tipping across the District has gone up, as has the amount of litter now seen daily, and seems to be increasing exponentially, and especially with regard to overflowing public waste bins. However, more recently the public waste bins that are provided across the District would appear either to be insufficient to cope with the volume of waste, or are not emptied frequently enough. I refer specifically to the areas of Walton, Frinton, Holland-on-Sea and Clacton.

 

You no doubt have seen posts on social media, with photographs showing overflowing waste bins, surrounded by more waste, as well as the angry comments from residents of those areas I have mentioned, about the lack of activity by TDC and its contractor.

I cannot comment on other parts of the District but, going by what I have seen myself, I would presume that it is the same all over.

 

As the areas I have mentioned are very popular, not only with residents, but visitors, once they are again allowed, the image of our coastal areas must be a positive one, and seeing litter and rubbish everywhere definitely does not present and attractive experience to come.

 

Would you please instruct the Portfolio Holder for Environment and Public Space, and the relevant officers of the Council, to undertake a comprehensive review of the performance of the Council's contractor in not only the emptying of public waste bins, but their frequency, as well as the supervision and monitoring of this service to this Council, by Council officers, and any other associated and relevant matters relating to the same, with the review to be overseen by the relevant Overview and Scrutiny Committee?”

 

Councillor Stock OBE replied to the question as follows:-

 

“May I begin by thanking Mr Baker for his question and of course pointing out that littering and fly tipping are not caused by the Council, its staff or its contractors. These are the actions of an inconsiderate few that impose large financial costs on all our residents.

 

Last season, and already this year, we have seen larger than normal numbers of visitors to the coast which is of course fantastic news, but it has meant some problems including bins overflowing in some areas even when nearby bins are not filled. Reacting to this last year additional bins were put out, extra collections, including large litter picks were deployed. The roll out of some additional bins in key areas has already begun in the current year.

 

Typically, the Council provides around 1300 permanent bins around the district including 200 on the seafronts. Just to re-state that figure, we have one thousand three  ...  view the full minutes text for item 95.

96.

Report of the Leader of the Council - Urgent Cabinet or Portfolio Holder Decisions

The Council will receive a report (if any) 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).

Minutes:

There was no such report on this occasion.

97.

Minutes of Committees pdf icon PDF 99 KB

The Council will receive the minutes of the following Committees:

 

(a)    Community Leadership Overview & Scrutiny of Monday 30 November 2020;

 

(b)    Resources and Services Overview & Scrutiny of Thursday 14 January 2021;

 

(c)    Resources and Services Overview & Scrutiny of Monday 1 February 2021;

 

(d)    Standards of Wednesday 3 February 2021;

 

(e)    Community Leadership Overview & Scrutiny of Monday 8 February 2021;

 

(f)     Audit of Thursday 25 February 2021;

 

(g)    Human Resources & Council Tax of Thursday 25 February 2021; and

 

(h)    Community Leadership Overview & Scrutiny of Monday 1 March 2021.

 

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)     Where 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).

 

Additional documents:

Minutes:

It was moved by Councillor Stock OBE, seconded by Councillor G V Guglielmi and:-

 

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

 

(a)       Community Leadership Overview & Scrutiny of Monday 30 November 2020;

 

(b)       Resources and Services Overview & Scrutiny of Thursday 14 January 2021;

 

(c)       Resources and Services Overview & Scrutiny of Monday 1 February 2021;

 

(d)       Standards of Wednesday 3 February 2021;

 

(e)       Community Leadership Overview & Scrutiny of Monday 8 February 2021;

 

(f)        Audit of Thursday 25 February 2021;

 

(g)       Human Resources & Council Tax of Thursday 25 February 2021; and

 

(h)       Community Leadership Overview & Scrutiny of Monday 1 March 2021.

 

In relation to the recommendation to Council contained within Minute 13 of the minutes of the meeting of the Standards Committee held on 3 February 2021 the Monitoring Officer (Lisa Hastings) informed Members that this would be the subject of a report to a future meeting of the Council.

 

In noting the contents of the Minutes of Committees listed in (a) to (h) above the Council was aware that there was a Recommendation to Council contained within Minute 17 of the minutes of the meeting of the Community Leadership Overview & Scrutiny Committee which would be taken in conjunction with Members’ consideration of Agenda Item 16 later on in the meeting. In addition, Council was also aware that there was a recommendation to Council contained within Minute 19 of the minutes of the meeting of the Community Leadership Overview & Scrutiny Committee which would be taken in conjunction with Members’ consideration of Agenda Item 19 later on in the meeting.

 

Furthermore, Council was also aware that there was a recommendation to Council contained within Minute 48 of the minutes of the meeting of the Human Resources & Council Tax Committee (page 78) which would be taken in conjunction with Members’ consideration of Agenda Item 21 later on in the meeting.

98.

Motions to Council

In accordance with the provisions of Council Procedure Rule 12, the Council will consider any Motion(s) to Council submitted by Councillors to this meeting.

Minutes:

No Motions to Council had been submitted by Councillors in accordance with the provisions of Council Procedure Rule 12 on this occasion.

 

99.

Motion to Council - Development Sites for Council Housing pdf icon PDF 136 KB

Pursuant to the provisions of Council Procedure Rule 12.5 the Council will consider further the following Motion to Council (which was submitted by Councillor Gina Placey to the meeting of the Council held on 24 November 2020 and which was referred to the Cabinet for its consideration in accordance with the provisions of Council Procedure Rule 12.4):-

 

“(a) That this Council acknowledges that its recently adopted Housing Strategy now gives a different context to the Portfolio Holder decisions in January 2019 to dispose of three pieces of Council owned land at Crome Road, Clacton-on-Sea; Dover Road, Brightlingsea; and Hilton Close, Manningtree and to seek planning permission for housing developments on those sites in order to maximise the income from such disposals; and

 

(b)   That this Council now considers those sites to be suitable for building council houses especially as two of them already have planning permission.”

 

The Cabinet considered Councillor Placey’s motion at its meetings held on 18 December 2020 and 19 February 2021. The Portfolio Holders’ joint report submitted to that February meeting together with the relevant Minute are included within the Council Book.

Additional documents:

Minutes:

Council recalled that, at its meeting held on 24 November 2020, the following motion had been moved by Councillor Placey and seconded by Councillor Allen and, in accordance with Council Procedure Rule 12.4, had stood referred to the Cabinet for further consideration:

 

“(a)    That this Council acknowledges that its recently adopted Housing Strategy now gives a different context to the Portfolio Holder decisions in January 2019 to dispose of three pieces of Council owned land at Crome Road, Clacton-on-Sea; Dover Road, Brightlingsea; and Hilton Close, Manningtree and to seek planning permission for housing developments on those sites in order to maximise the income from such disposals; and

 

(b)     That this Council now considers those sites to be suitable for building council houses especially as two of them already have planning permission.”

 

Cabinet, at its meeting held on 18 December 2020 (Minute 97 referred), had duly considered the motion put forward by Councillor Placey and had decided at that time to thank Councillor Placey for her input; had noted a number of factors around disposals of pieces of land; and had requested a further report to a future Cabinet meeting with a view to presenting the outcome of Cabinet’s deliberations on this matter to this meeting of the Full Council.

 

Cabinet, at its meeting held on 19 February 2021 (Minute 140 referred), had duly considered that further report and had decided, amongst other things, to recommend to Council that an amended motion should be approved.

 

The Corporate Finance & Governance and the Housing Portfolio Holders’ joint report submitted to that February meeting of Cabinet together with the relevant Minute from that meeting were included for Council’s consideration within the Council Book at pages 85 to 96 inclusive.

 

It was moved by Councillor G V Guglielmi and seconded by Councillor P B Honeywood that, in accordance with the provisions of Council Procedure Rule 12.5, Councillor Placey’s motion be amended to read as follows:-

 

“That the Council:

 

i)       notes and supports the ongoing work by Officers in relation to identification of potential sites for development or disposal, identifying potential purchases of dwellings on the market and establishing processes and resources for the construction of new Council Housing; and

 

ii)      notes the instruction from Cabinet to Officers to continue to investigate all potential sites and acquisitions, wherever they may be located within the District, reporting to the Cabinet and Portfolio Holders in accordance with their Executive functions and Scheme of Delegation including the various criteria outlined in the Cabinet’s decision taken on 19 February 2021 including reference to housing, financial and other priorities and the specific characteristics of the sites and area under consideration and the identified needs of those areas.”

 

Councillors G V Guglielmi, Steady, Davis, Allen, Miles, Placey, Harris, Stock OBE and P B Honeywoodaddressed the Council during the debate on Councillor G V Guglielmi’s amendment.

 

Councillor G V Guglielmi’s amendment on being put to the vote was declared CARRIED and it then became the substantive motion.

 

Councillors Placey and P B  ...  view the full minutes text for item 99.

100.

Recommendations from the Cabinet

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

Minutes:

There were no recommendations submitted from the Cabinet for the Council to consider on this occasion.

101.

Reports Submitted to the Council by an Overview and Scrutiny Committee - Reference from the Community Leadership Overview and Scrutiny Committee - A.1 - Mitigation Measures for Impact of Public Firework Displays pdf icon PDF 154 KB

Further to Council’s decision taken on this matter at its meeting held on 24 November 2020 (Minute 47) the Council is asked to consider the recommendations submitted to it by the Community Leadership Overview and Scrutiny Committee.

Additional documents:

Minutes:

It was reported that, further to both Minute 12 of the meeting of the Community Leadership Overview & Scrutiny Committee held on 28 September 2020 and Minute 24 of the meeting of the Full Council held on 24 November 2020 the Community Leadership Overview & Scrutiny Committee (“the Committee”) at its meeting held on 8 February 2021 had heard that in terms of the previous request to Council contained in Councillor Sue Honeywood’s motion on this matter the Council had no legal enforcement powers to undertake that work and so any request to organisers would be for them to comply with on a voluntary basis only.

 

The Committee had had before it a report of the Assistant Director (Housing and Environment) which had outlined the following:-

 

Advertising Events - the Council had no powers to require organisers of public events to advertise their event prior to it occurring. However, by their very nature public events were routinely advertised in order to ensure that they had a sufficient attendance and on that basis nearby residents were also likely to be aware. In addition, where the organisers of an event attended the Safety Advisory Group and where potential disturbance to neighbours was likely to occur, for example through fireworks or the provision of music, then advice was given to the organisers to contact neighbours to make them aware. However, that advice could not be enforced.

 

Animal disturbance – It was reported that in the last year there had been a number of complaints in terms of fireworks potentially distressing animals (such as horses) and on that basis that an event should not take place. Reference was made to the Animal Welfare Act 2006 which, under section 4, made it an offence to cause an animal to suffer. On the basis that any individual could set off fireworks at their property as a private individual and it was not regarded as an offence in terms of neighbours’ pets, the relative infrequency of major public events which tended to operate in early November or on significant dates, and the lack of specific legislation which banned public firework events it was not considered an offence by an event organiser to hold a firework event.

 

Other Actions

 

The Committee also heard that as per the motion as previously approved by Full Council, the Council could determine whether it wished to run a publicity campaign in relation to fireworks. Both the timing of the campaign and content would need to be considered to ensure an effective message was provided at the correct time.

 

An event proposed within Tendring in November 2020 had been subsequently cancelled due to a social media campaign, originally in terms of distress to animals, which had then developed and resulted in personal threats to the event organiser and potential threats to anyone who attended the event. Therefore any message provided needed to be balanced, highlighted what was permitted but also encouraged achievement of high standards. Within that campaign the benefits of quieter fireworks could  ...  view the full minutes text for item 101.

102.

Report of the Chief Executive - A.2 - Change in Membership of Political Groups and the Dissolution of the UKIP Group pdf icon PDF 90 KB

To inform Council of a change in the membership of the Conservative political group and the dissolution of the UKIP political group on the Council.

Minutes:

The Chief Executive formally advised Council that, on 29 January 2021 and pursuant to Regulation 10(b) of the Local Government (Committees and Political Groups) Regulations 1990, Councillor James Codling had served formal notice on the Council that he no longer wished to be treated as a member of the UKIP political group.

 

Members were reminded that Regulation 8(1) of the Local Government (Committees and Political Groups) Regulations 1990 Regulations required a political group to have a minimum of two members and that therefore that had meant that the UKIP Group on Tendring District Council had automatically ceased to exist as mandated in Regulation 8(2) of those Regulations.

 

The Chief Executive further advised Council that Councillor Codling, also on that date and pursuant to Regulation 9(b) of the Local Government (Committees and Political Groups) Regulations 1990, had served formal notice on the Council that he wished to be treated as a member of the Conservative political group. That notice had been duly counter-authorised by the Leader of the Conservative Group (Councillor Neil Stock OBE).

 

Council was made aware that Councillor Stock had informed Officers that he did not wish to exercise his right under 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 to have a review of the allocation of seats to political groups carried out. This was due to the fact that the outcome of any such review could not have been enacted by Full Council until this meeting and that, in any case, a review of the allocation of seats would automatically be carried out at the end of March 2021 as part of the preparations for the Annual Meeting of the Council due to be held on 27 April 2021.

 

Council noted the foregoing.

103.

Report of the Monitoring Officer - A.3 - Review of the Council's Constitution pdf icon PDF 197 KB

The Council is asked to consider the recommended changes to the Constitution put forward by the Cabinet following a review undertaken by the Corporate Finance and Governance Portfolio Holder through a Working Party constituted for this purpose.

Additional documents:

Minutes:

Council’s approval was sought for the recommended changes to the Constitution put forward by the Cabinet.

 

It was reported that, at its meeting held on 19 February 2021, Cabinet had considered a report of the Corporate Finance and Governance Portfolio Holder which had requested it to approve the recommended changes to the Constitution for referral onto Full Council following a review undertaken by the Portfolio Holder through a Working Party constituted for that purpose. The main proposals covered a number of miscellaneous amendments to the Council Procedure Rules, Article 10 of the Constitution and the Property Dealing Procedure in order to ensure that the Council’s Constitution remained effective, efficient and consistent at an operational level. 

 

The Portfolio Holder’s Report and accompanying Appendices which had been considered by Cabinet at its meeting on 19 February 2021 were attached as Appendices to item A.3 of the Report of the Monitoring Officer (and as contained within pages 113 to 147 of the Council Book). 

 

The Cabinet’s decision on this matter at its meeting held on 19 February 2021 had been as follows:-

 

“RESOLVED that Cabinet –

 

1.      RECOMMENDS TO COUNCIL:

 

(a)  that the Council’s Constitution be amended to reflect the proposed changes as set out in the Portfolio Holder’s report and the appendices attached hereto;

 

(b)  that the previously approved provisions (i) and (ii), as set out below, should be discontinued:-

 

(i)    Members who were following the proceedings of a meeting via the public ‘live stream’ should inform Officers that they were doing so via an email to democratic services or to the contact Officer listed on the agenda for that meeting and that they should send a second email when they have ceased to follow the proceedings; and

(ii)   in order for that attendance referred to in (i) above to ‘count’ such attendance must be for a minimum period of time e.g. 30 minutes.

 

(c)   that all changes come into effect on 28th April 2021 i.e. the day after the Annual Meeting of the Council.

 

2.      RESOLVES that:

 

(a)  the Standards Committee be requested to examine whether a change to the Members’ Code of Conduct is required in relation to Members’ Declarations of Interest in virtual meetings and that, in the meantime, the Monitoring Officer be requested to issue a guidance note to Members to re-iterate that Members should adhere to Paragraph 9 of the Code and should withdraw from the meeting connection/link at the appropriate juncture; and

 

(b)  the views and wishes expressed by the Review of the Constitution Portfolio Holder Working Party in relation to Members’ training and development be endorsed and that the Head of Democratic Services & Elections be requested to take all necessary action to implement those wishes as soon as possible.”

 

Councillors White, Bray and Harris addressed the Council during the debate on this item.

 

It was moved by Councillor G V Guglielmi and:-

 

RESOLVED that –

 

(a)    the Council’s Constitution be amended to reflect the proposed changes, as set out in Appendices A  ...  view the full minutes text for item 103.

104.

Report of the Monitoring Officer - A.4 - Adoption of an Executive and Overview & Scrutiny Protocol pdf icon PDF 222 KB

The Council is asked to consider the adoption of a proposed Executive and Overview & Scrutiny Protocol following its consideration by the Cabinet and the Council’s two overview and scrutiny committees.

Additional documents:

Minutes:

Council considered the draft Protocol for Cabinet and Overview and Scrutiny roles, which had been produced following consultation undertaken with the Cabinet and the Council’s two Overview and Scrutiny Committees with the view of approving its adoption and incorporation into the Council’s Constitution.

 

It was reported that Cabinet, at its meeting held on 29 January 2021 (Minute 122 referred), had considered the draft Protocol and had:-

 

“RESOLVED that Cabinet –

 

(1)    approves the draft Protocol for Cabinet and Overview and Scrutiny roles, as set out in Appendix B to item A.7 of the Report of the Corporate Finance & Governance Portfolio Holder;

 

(2)    recommends the Protocol to both Overview and Scrutiny Committees for their agreement; and

 

(3)   recommends to Council that the Protocol be adopted for inclusion within Part 6 of the Council’s Constitution.”

 

It was further reported that the Resources and Services Overview & Scrutiny Committee, at its meeting held on 1 February 2021 (Minute 125 referred), had considered the draft Protocol and had:-

 

RESOLVED that the Committee notes and endorses the contents of the report and that it be added it to the work programme for a future review.”

 

Members were also made aware that the Community Leadership Overview & Scrutiny Committee, at its meeting held on 8 February 2021 (Minute 19 referred), had considered the draft Protocol and had:-

 

RESOLVED that the Committee RECOMMENDS that:

 

· Full Council approves the draft Protocol for Cabinet and Overview and Scrutiny roles, as set out in Appendix B to the Portfolio Holder’s report;

 

·the adopted Protocol be incorporated within Part 6 of the Council’s Constitution; and

 

· The Constitution Review Working Party revisits the Committee structure in due course.”

 

Councillors G V Guglielmi, M E Stephenson, Stock OBE, Placey and Calver addressed the Council during the debate on this item.

 

It was moved by Councillor G V Guglielmi, seconded by Councillor M E Stephenson and:-

 

RESOLVED that –

 

(a)    the draft Protocol for the Cabinet and Overview and Scrutiny roles, as set out in Appendix B to item A.4 of the Report of the Monitoring Officer, be approved and adopted;

 

(b)    the Protocol, as so adopted, be incorporated within Part 6 of the Council’s Constitution;

 

(c)    the Protocol comes into formal effect on 28th April 2021 i.e. the day after the Annual Meeting of the Council (along with the changes to the Council’s Constitution that were approved earlier in the meeting under Minute 103 above); and

 

(d)    the Review of the Constitution Portfolio Holder Working Party be requested, as part of its next annual review of the Council’s Constitution, to revisit the committee structure of the Council.

105.

Report of the Monitoring Officer - A.5 - The Planning Committee's Public Speaking Scheme pdf icon PDF 215 KB

The Council is asked to consider the recommended change to the Planning Committee’s Public Speaking Scheme put forward by that Committee.

Additional documents:

Minutes:

Council considered the Planning Committee’s recommendation to re-arrange the order of speakers in that Committee’s Public Speaking Scheme in order to ensure that the applicant (or their agent or their representative) spoke first after the Officer presentation of the planning application at the Planning Committee’s meeting.

 

It was reported that, at its meeting held on 17 February 2021, the Planning Committee, in response to a request made by the Review of the Constitution Portfolio Holder Working Party (CRWP), had discussed the order of speakers within the Public Speaking Scheme for the Planning Committee and had considered whether it should be changed, for example, in order to allow the relevant Ward Member(s) to speak last (rather than the applicant/agent as at the present time).

 

The Planning Committee’s decision on this matter at its meeting held on 17 February 2021 had been as follows:-

 

“RESOLVED that the Planning Committee agrees to its Public Speaking Scheme being revised to re-arrange the order of speakers so that the applicant (or their agent or their representative) speaks first after the Officer presentation of the planning application at the Planning Committee’s meeting and are then followed by:-

 

One member of the public who wishes to speak in favour of the application;

One member of the public who wishes to speak against the application;

A representative of the relevant Parish/Town Council for the application site;

All District Councillors for the Ward in which the application site is situated.

 

For the avoidance of any doubt the Committee confirms that the rights of members of the Executive under the Scheme remain unchanged. In addition, the Committee will undertake a review after six months’ operation of the amended Public Speaking Scheme (Planning Committee).

 

RECOMMENDED TO COUNCIL that the Planning Committee’s Public Speaking Scheme be amended so that the applicant (or their agent or their representative) speaks first after the Officer presentation of the planning application at the Planning Committee’s meeting.”

 

Members were aware that Council Procedure Rule (CPR) 40 (which related to the public speaking schemes operated by the Planning Committee and the Planning Policy & Local Plan Committee) currently stated (following an amendment Council had approved in July 2020):-      

 

“The schemes shall be in such a form as the Full Council determines having considered a recommendation from the relevant Committee.”

 

Therefore any amendment to the Public Speaking Scheme proposed by the Planning Committee had to be submitted to Full Council for its formal adoption.

 

The Monitoring Officer’s Report and accompanying Appendices which had been considered by the Planning Committee at its meeting held on 17 February 2021 were attached as Appendices to item A.5 of the Report of the Monitoring Officer (and as set out within pages 153 to 234 of the Council Book).

 

Councillors White, Bray, G V Guglielmi and Scottaddressed the Council during the debate on this item.

 

It was moved by Councillor White, seconded by Councillor Bray and:-

 

RESOLVED that –

 

(a)    the Planning Committee’s Public Speaking Scheme be amended so that the applicant (or  ...  view the full minutes text for item 105.

106.

Report of the Assistant Director (Partnerships) - A.6 - Pay Policy Statement 2021/22 pdf icon PDF 192 KB

Council’s approval is sought in respect of the Pay Policy Statement for 2021/22.

Additional documents:

Minutes:

The Chief Executive and the Assistant Director (Governance) & Monitoring Officer both declared an interest in this item and withdrew from the meeting during the consideration thereof and the voting thereon.

 

The Council had before it a report of the Assistant Director (Partnerships) which sought its approval of the Pay Policy Statement for 2021/22.

 

Members were reminded that the Localism Act 2011 Section 38(1) required the District Council to prepare a pay policy statement each year. That pay policy statement must articulate the Council's approach to a range of issues relating to the pay of its work force, particularly its senior staff (or 'chief officers') and its lowest paid employees. The matters that must be included in the statutory Pay Policy Statement were as follows:-

 

·      A local authority’s policy on the level and elements of remuneration for each Chief Officer.

·      A local authority’s policy on the remuneration of its lowest-paid employees (together with its definition of “lowest-paid employees” and its reasons for adopting that definition).

·      A local authority’s policy on the relationship between the remuneration of its Chief Officers and other Officers.

·      A local authority’s policy on other aspects of Chief Officers’ remuneration: remuneration on recruitment increases and additions to remuneration, use of performance related pay and bonuses, termination payments and transparency.

 

It was reported that this statement would be published on the Council's website following each review and its approval by Full Council.

 

Members were informed that the Pay Policy Statement 2021/22 had been designed to give an overview of the Council’s framework regarding pay and rewards for staff within the Council. This framework was based on the principle of fairness and that rewards should be proportional to the weight of each role and each individual’s performance. The framework aimed to ensure the ability of the Council to recruit talented individuals whilst ensuring value for money for the residents of Tendring.

 

Council was made aware that the Human Resources and Council Tax Committee had reviewed the contents of the Pay Policy Statement 2021/22 at its meeting held on 25 February 2021. The Committee had recommended that Full Council adopt the Pay Policy Statement.

 

Councillor I J Henderson addressed the Council on the subject matter of this item.

 

It was moved by Councillor Chapman and:-

 

RESOLVED that the Pay Policy Statement 2021/22, as set out in the Appendix to item A.6 of the Report of the Assistant Director (Partnerships), be approved and adopted.

107.

Questions Pursuant to Council Procedure Rule 11.2 pdf icon PDF 171 KB

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.

 

Two questions have been received, on notice, from Members of the Council on this occasion.

Minutes:

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.

 

Two questions had been submitted by Members on this occasion as set out below:-

 

Question One

 

Councillor Garry Calver asked Councillor Paul Honeywood, the Housing Portfolio Holder:

 

“In the Leader of the Council’s Budget speech made on 16th February he said, on the subject of the Right to Buy Scheme: “We need to keep pushing the Government to consider modernising the scheme.  As I mentioned last year, we need to remove the associated risk from decisions about building or acquiring new homes.”

 

Will the Portfolio Holder for Housing please inform Members as to what action the administration has taken to persuade the Government to update or even reverse this dreadful policy and whether it has received any positive response?

 

If it has not received any positive response will he please inform Members as to what action is being taken by the administration to progress this further especially as this policy has had such a major negative impact on the provision of housing for far too long and which continues to restrict our ability to provide the necessary levels of housing required across the Tendring District?”

 

Councillor Honeywood replied as follows:-

 

“Thank you Councillor Calver for your question.

 

Firstly, I think it’s important to say that the issues associated with the Right to Buy scheme affect all stock holding councils and are not unique to us.

 

Over the past few years the Council has undertaken a number of actions in respect of highlighting the implications of the right to buy scheme on stock holding councils.

 

The first time I recall raising this issue was in 2012 when I attended a meeting with the then Housing Minister and had an opportunity to question him on the subject.

 

In December 2018 members from the Right to Buy team at the MHCLG visited Tendring and received a tour of Jaywick Sands. They heard about our plans for the area and the wider implications of the Right to Buy scheme on Councils who are keen to build new homes. During the meeting officers explained that an extension of the 15 year cost floor to 30 years would be a great help in reducing the financial risk associated with the scheme and give councils greater confidence to build new homes.

 

In January this year the same matter was raised again by one of our officers with an MHCLG official at a meeting of the Association of Retained Council Housing (ARCH) and again at the ARCH Chief Officers’ conference held only a few weeks ago (4/5th March). Other members of ARCH share our concerns, including the limited timeframes during which right to buy receipts need to be spent. The MHCLG official agreed to take the matter away for further consideration.

 

I can assure you that this administration has raised concerns about the right to  ...  view the full minutes text for item 107.

108.

Urgent Matters for Debate

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

 

Minutes:

There were no urgent matters for debate on this occasion.